The Practice

of Civil
Engineering
PART 1
Professional Responsibility

The Practice of Civil Engineering

Civil Engineers shall conduct themselves in a highly Professional
Manner and serve as Faithful Trustees or agents of their client or
employers.

Civil Engineers are therefore bound by the Fundamental Canons of

Ethics.

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.
 OBLIGATIONS OF
THE CIVIL ENGINEER

OBLIGATIONS OF
CLIENT THE CLIENT
-
CIVIL
ENGINEER LIABILITY OF THE
CIVIL ENGINEER AND
RELATIONSHIP THE CLIENT

The Practice of Civil Engineering

The Obligations of the Civil
Engineer include:
1. The Civil Engineer shall perform the Scope of the
Services.
2. The Civil Engineer shall exercise reasonable skill,
care and diligence in the performance of his
obligations.
3. The Civil Engineer shall act independently and as
required by the contract, perform with the
necessary skills and professional judgement, when
required to certify, decide or exercise discretion
between the Client and a Third party with whom
the client has a contract.
The Obligations of the Civil
Engineer include:
4. The Civil Engineer is authorized to act as the
Client’s faithful agent when required but only as
implied in the scope of services or implied in the
contract adopted for the project.
5. When aware of any matters which will change or
has changed the scope of service, the Civil
Engineer shall give written notice to the Client
containing particulars of the change.
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.
The Obligations of the Civil
Engineer include:
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.
The Obligations of the Civil
Engineer include:
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 or persons.
The Obligations of the Civil
Engineer include:
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 their Contract.
The Obligations of

The Practice of Civil Engineering

the Client include:
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.
The Obligations of

The Practice of Civil Engineering

the Client include:
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.
5. The Client shall arrange for the provision of services
from other professionals or others as may be required
and bear all costs.
The Obligations of

The Practice of Civil Engineering

the Client include:
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.
             
The Obligations of

The Practice of Civil Engineering

the Client include:

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 practicable, the
particulars of the change.
Liability 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 the

damages to the Civil Engineer if a breach of the
Client’s duty to the Civil Engineer is established
against the Client.
Liability 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.

Establishment of the breach of duty on the part

of the Civil Engineer and that of the breach of the
Client’s duty to the Civil Engineer shall be
undertaken by a third party arbitrator mutually
acceptable to the Client and the Civil Engineer.
 Limitation of 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, Other
Consultants, Contractors or suppliers.
 Limitation of 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 or performance of any other Consultant, Contractor,
supplier, or other third party.
 Limitation of Civil
Engineer’s
Responsibility

3. The Civil Engineer shall not be responsible for the techniques,

method, programmes, sequences or procedures adopted by the
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 or omissions.
IF FOUND THAT THE CIVIL ENGINEER
UNDERTAKING SERVICES IS LIABLE TO THE
CLIENT, DAMAGES SHALL BE PAYABLE ON THE
FOLLOWING TERMS:

1. Damages payable shall be limited to the amount of reasonably foreseeable

loss and damage suffered as a direct result of such breach;

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 PHP300,000 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 fees payable under their Agreement;
IF FOUND THAT THE CIVIL ENGINEER
UNDERTAKING SERVICES IS LIABLE TO THE
CLIENT, DAMAGES SHALL BE PAYABLE ON THE
FOLLOWING TERMS:

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 or
otherwise.