CHAPTER 4:

THE PRACTICE OF CIVIL

ENGINEERING
 TOPIC OUTLINE
1. OVERVIEW OF THE PRACTICE
2. PROFESSIONAL RESPONSIBILITY
3. OBLIGATIONS OF THE CIVIL ENGINEER
4. OBLIGATIONS OF THE CLIENT
5. LIABILITIES
6. LIMITATIONS
7. DAMAGES
8.SUSPENSION AND TERMINATION
OF THE SERVICE
4.1 OVERVIEW OF THE PRACTICE
 4.1 OVERVIEW OF THE PRACTICE

★ Examples of quality services:

❏ Professional dedication
❏ Effort
❏ Adequate time
❏ Planning and innovation
❏ Fair compensation
❏ Appropriate authority and responsibility
4.2 PROFESSIONAL RESPONSIBILITY

❏ Studying
❏ Conceiving
❏ Designing
❏ Observing Construction
❏ Assisting in the programming for
operation and maintenance works
 4.2 PROFESSIONAL RESPONSIBILITY

➢ The Civil Engineer, therefore, has the obligations as

trustee to the public interest as well as faithful tothe
private interests of the client.
➢ Civil Engineers shall conduct in a highlyprofessional
manner and serve as faithful trustees or agents of
their client or employers.
 4.2 PROFESSIONAL RESPONSIBILITY

➢ Care and protection of the environment is paramount

in the Civil Engineer’s work engagement.
➢ Civil Engineers must always strive to maintain the
highest standard of Ethical Professional Practice in
their dealing with client employers, employees,
competitors and the community.
 4.3 OBLIGATIONS OF THE CIVIL ENGINEER

1.The Civil Engineer shall perform Scope of theServices.

2.The Civil Engineer shall exercise reasonable skill, care

and diligence in the performance of hisobligations.
 4.3 OBLIGATIONS OF THE CIVIL ENGINEER

3.The Civil Engineer shall act independently and, as

required by the contract, perform with the necessary skills
and professional judgment, when required to certify,
decide or exercise discretion between the client and a
third party with whom the client has a contract.
 4.3 OBLIGATIONS OF THE CIVIL ENGINEER
4.The Civil Engineer is authorized to act as the client's
faithful agent when required but only as implied in the
contract adopted for theproject.

5.When aware of any matters which will change or has

changed the scope of the services, the Civil Engineer shall
give written notice to the client containing particulars of
the change.
 4.3 OBLIGATIONS OF THE CIVIL ENGINEER
6.For Specified Staged Services, the Civil Engineer shall
not initiate or proceed with any subsequent stage of the
services without the approval of the client.

7.When required, the Civil Engineer shall direct and

cooperate with all other professionals and integrate their
work where applicable into that being undertaken by the
Civil Engineer and other professionals, but shall not be
professionally liable for their work.
 4.3 OBLIGATIONS OF THE CIVIL ENGINEER
8.The Civil Engineer may recommend specialist suppliers
and/or contractors to design and execute certain parts of
the works, in which case the Civil Engineer shall
coordinate the design of such part or parts with the
overall design of the works but he shall be relieved of all
responsibility for the design, manufacture, installation and
performance of any such part or parts of the works. The
Civil Engineer shall not be liable for acts of negligence,
default or omission by such person orpersons.
 4.3 OBLIGATIONS OF THE CIVIL ENGINEER

9.The Civil Engineer shall notify the client of any interest

the Civil Engineer has which may significantly conflict with
the interests of the client under theircontract.
 4.4 OBLIGATIONS OF THE CLIENT
1.The Client shall pay the Civil Engineer for his services,
the amount of fees and expenses set out in or determined
in their agreement.
2.The Client shall provide the Civil Engineer within
reasonable time (that does not result in delay to the
provision of the services), all information required by the
Civil Engineer in the performance of his services and a
decision in writing on all matters properly referred to the
Client in writing.
 4.4 OBLIGATIONS OF THE CLIENT

3.The Client shall cooperate with the Civil Engineer and

shall not interfere with or obstruct the proper performance
of the services.

4.The Client shall, as soon as practicable, make

arrangements to enable the Civil Engineer to enter the
site and inspect facilities needed in the performance of
his services.
 4.4 OBLIGATIONS OF THE CLIENT

5.The Client shall arrange for the provision of services

from other professionals or others as may be required
and bear all costs.
 4.4 OBLIGATIONS OF THE CLIENT

6.When the Civil Engineer is required to administer the

work of other professionals or other third parties who are
directly contracted by the Client or when the Civil Engineer
is required to act as Engineer-to-the-Contract for any
contract on behalf of the Client, then all instructions by
the Client shall be given through the Civil Engineer.
 4.4 OBLIGATIONS OF THE CLIENT

7.When aware of any matter which will change or has

changed the scope of the Civil Engineer's Services, the
Client shall notify in writing within 7 days the Civil
Engineer containing, as far as is practicable, the
particulars of the change.
 4.5 LIABILITIES OF THE CIVIL ENGINEER
AND THE CLIENT

❏ The Civil Engineer shall only be liable to pay damages

to the Client arising out of or in connection with their
Agreement if a breach of duty of care is established
against the Civil Engineer.
❏ The Client shall only be liable to pay damages to the
Civil Engineer if a breach of the Client's duty to the
Civil Engineer is established againstthe Client.
 4.5 LIABILITIES OF THE CIVIL ENGINEER
AND THE CLIENT

❏ Resolution of any conflict arising from the Agreement

between the Civil Engineer and the Client shall be done
by giving preference to the process of arbitration.
 4.6 LIMITATION ON CIVIL ENGINEER’S
RESPONSIBILITY
1.The Civil Engineer shall have no responsibility or liability for
costs, loss or damage of whatsoever nature arising from any
errors in or omission from data, documents, plans, design or
specifications not prepared by the Civil Engineer, or other
personnel under the direct control of the Civil Engineer, and
arising from any act or omission or lack of performance or any
negligent or fraudulent act or omission by the Client or any Other
Consultant, Contractor or supplier to the Client or any employee or
agent of the Client.
 4.6 LIMITATION ON CIVIL ENGINEER’S
RESPONSIBILITY
2.Notwithstanding any recommendation or lack of
recommendation made by the Civil Engineer to the Client,
the Civil Engineer shall not be held to have made any
warranty or promise as to the suitability, competence of
any other Consultant, Contractor, supplier or other third
party.
 4.6 LIMITATION ON CIVIL ENGINEER’S
RESPONSIBILITY
3.The Civil Engineer shall not be responsible for the
techniques, method, programmes, sequences or
procedures adopted by any Contractor or other third party
responsible for executing any aspects of the Project, nor
for their performance on time, their failure to carry out the
work in accordance with any contract documents or for
any other acts oromissions.
 4.7 DAMAGES

1.Damages payable shall be limited to the amount of

reasonably foreseeable loss and damage suffered as a
direct result of such breach.
 4.7 DAMAGES

2.The maximum amount of damages payable in respect

of liability, whether under the law or contract, or otherwise,
is limited to the amount specified in the Specific Provision
or, if no such amount or provision is specified, to the
lesser of P300,000 or 10% of the total amount of
damages of the portion of the work attributable to the
Civil Engineer's breach of duty or twenty five percent of
the total of fees payable under theirAgreement.
 4.7 DAMAGES

3.If found to be liable, in circumstances where the acts or

omissions of a third party have contributed to the loss or
damage, the proportion of damages payable by the party
found liable shall be limited to that proportion which is
attributable to that party's breach of duty, whether the
claims are made under contract orotherwise.
 4.8 SUSPENSION AND TERMINATION OF
THE SERVICE

➔ If circumstances arise for which the Civil Engineer is

not responsible and which make it impractical or
impossible for the Civil Engineer to perform in whole or
in part the Services in accordance with their
Agreement then the Civil Engineer shall promptly notify
the Client of thesame.
 4.8 SUSPENSION AND TERMINATION OF
THE SERVICE

➔ If by reason of the abovementioned circumstances

certain Services had been suspended, the time for their
completion shall be extended by the extent of the
delay plus a reasonable period for their resumption, or
if the speed of performing certainServices has to be
reduced, the time for their completion shall be
extended as is necessary by reason of the
circumstances.
 4.8 SUSPENSION AND TERMINATION OF
THE SERVICE

➔ The Client may suspend all or part of the Services or

terminate the Agreement by written notice of not less
than 30 days to the Civil Engineer who shall
immediately make arrangements to stop the Services
and minimize further expenditure.
 4.8 SUSPENSION AND TERMINATION OF
THE SERVICE

➔ The Civil Engineer by written notice of no less than 30

days may terminate the Agreement at his/her
discretion without prejudice to the right to terminate,
suspend the performance of the whole or part or the
Services under the following conditions:
 4.8 SUSPENSION AND TERMINATION OF
THE SERVICE

1.When 30 days after the due date or payment of any

account the Civil Engineer has not received payment of
that part of it which has not by that time been contested in
writing, or
2.When Services have been suspended for a period
exceeding 6 calendar months, or if it is clear to the Civil
Engineer that it will be impossible or impractical to
resume the suspended Services before the period of
suspension has exceeded sixmonths.
 4.8 SUSPENSION AND TERMINATION OF
THE SERVICE

3.If found to be liable, in circumstances where the acts or

omissions of a third party have contributed to the loss or
damage, the proportion of damages payable by the party
found liable shall be limited to that proportion which is
attributable to that party's breach of duty, whether the
claims are made under contract orotherwise.
 4.8 SUSPENSION AND TERMINATION OF
THE SERVICE
➔ When the Services are suspended or terminated the
Civil Engineer shall be entitled to payment for the
Services carried out including consequential costs,
expenses and disruption fees incurred as a result of
the suspension or termination, and remobilization fees
on resumption. Suspension or termination of the
Agreement shall not prejudice or affect accrued right
or claims and liabilities of theparties.
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