THE PRACTICE OF

CIVIL ENGINEERING
1.1 GENERAL
1.2 PROFESSIONAL RESPONSIBILITY
1.3 CLIENT-CIVIL ENGINEER RELATIONSHIP
1.4 CIVIL ENGINEERING SERVICES
1.5 SPECIALIZATION IN CIVIL ENGINEERING
1.6 ELECTION OF A CIVIL ENGINEER
1.7 PRIME PROFESSIONAL PRACTICE
1.8 EMPLOYMENT
1.9 DESIGN COMPETITION
1.10 CONTINGENCY BASIS OF EMPLOYMENT
1.11 PROFESSIONAL PRACTICE OF FOREIGN CIVIL
ENGINEERS
 1.1 general

This manual addresses the procurement of the civil

engineering services for a quality project.

Quality results from team effort and is measured by the

degree of satisfaction of all parties.

The development of this manual is predicated on the

basis that Civil Engineering services are accomplished in a
manner meeting the standard care of the profession of civil
engineering.
 1.2 professional
responsibility
Civil Engineers shall conduct themselves in a highly
Professional Manner and Serve as Faithful Trustees and
Agents of their client or employers.

Civil Engineers are therefore bound by fundamental canons

of ethics contained in this manual.

Care and Protection of the environment is a 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 community.
 1.3 Client -Civil
engineer relationship
1.3.1 OBLIGATIONS OF THE CIVIL ENGINEER
1. The civil engineer shall perform Scope of the Services as
stated in SECTION 2.
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 necessity skills
and professional judgment, when required to certify,
decide or exercise discretion between the Client and Third
party with whom the Client has a contract.
4. The Civil Engineer is authorized to act as the Client’s
faithful agent when required but only as implied in
SECTION 2 or implied in the contract adopted for the
Project.
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.
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 co-
operate 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.
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.
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.
1.3.2 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.
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.
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.
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.
1.3.3 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 damages to the Civil
Engineer if a breach of the Client’s duty to the Civil Engineer
is established against the Client.
  Resolution of any conflict arising from the Agreement
between the Civil Engineer and the Client shall be done by
giving preference 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.
1.3.3a LIMITATION OR 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, designs 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 nay 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.
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.
3. The Civil Engineer shall not be responsible for the
techniques, method, programs, sequences or procedures
adopted by any Contractor or other third party
responsible for executing any aspect of the project, nor
for their performance on time, the failure to carry out the
work in accordance with any contract documents or for
any other commissions.
1.3.3b DAMAGES
damages shall be payable on the ff. 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
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 or25% of the total of fees payable under
their Agreement;
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.
1.3.4 suspension or termination of fees

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 the same.
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 certain Services has to be reduced, the time for
their completion shall be extended as is necessary by reason
of the circumstances.
 
 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.
The Civil Engineer by written notice of no less than 30
days may terminate the Agreement or at his and or her
discretion without prejudice to the right to terminate,
suspend the performance of the whole or part or the
Services under the following conditions:

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 six months.
1.3.5 settlement disputes

If a dispute arises on either party, then that party shall

by notice in writing served on the other party of the details
of the dispute and request that the dispute be resolved by
conciliation. If the manner in dispute is not resolved in
conciliation between the parts within the prescribed time
then the matter in dispute shall be referred to arbitration.
1.3.6 ownership of data, designs and documents

The design analyses, drawings, specifications and

reproductions thereof are instruments or service owned by
the Professional Engineer and shall be used only for the
specific project covered by the agreement between the
Client and Engineer.
 1.4 civil
engineering
services
Civil Engineers and civil engineering firms, whether
they serve public or private employers (clients) can
provide a variety of important services which are described
in Section2. Typical services may include:

1.Design, consultations and advice

2.Feasibility studies
3.Field investigations and engineering data collection
4.Environmental assessments, impact statements or
engineering reports
5.Opinions pr probable construction cost
6.Preliminary and final designs, drawings, specifications
and construction bidding documents
7.Assistance in securing construction bids and in awarding
contracts
8.Construction administration and observation
9.Arrangements for or performance of testing of materials
and equipment
10.Assistance in start-up, assessment of capacity ,and
operation of facilities
11.Preparation of operation and maintenance manuals
12.Appraisals and rate studies
13.Value engineering
14.Expert testimony
15.Assessment of risks
16.Structural remediation or rehabilitation
17.Project management and controls
Provision of supplemental temporary staff
18.Teaching
 1.5 specialization
in civil engineering
PICE recognizes specializations in the fields of:
 
1.Structural engineering
2.Geotechnical engineering
3.Water engineering
4.Transportation engineering
5.Construction management and engineering
 1.6 selection of a
civil engineer
The engagement of a Civil Engineer is one of the most
important decisions to be made during the development of
an engineering project. The accomplishment of the
client’s objectives and commitment of financial resources,
soundness of design, and suitability of the proposed
project for its intended function rest upon the experience,
organization, skill. Integrity, and judgment of the Civil
Engineer. The Civil Engineer’s recommendations based on
these actors, affect life-cycle costs and thereby influence
the economic feasibility of the undertaking.
 1.7 pre
professional
practice
The guidelines in this manual refer specifically to the
engagement of engineering services where the consulting
Civil Engineers serve as the client directly as a prime
professional, and where the client is usually as the owner
of the project. Some information in this manual is also
applicable when the Civil Engineer serves the client
indirectly as a sub consultant through another engineer or
architect who serves as the prime official. These services
may also be performed through another entity on a design-
build construction management, or turnkey project.
 1.8 employment

The guidelines in this manual also refer to Civil

Engineers employed by professional consulting firms,
government agencies, education institutions, construction
firms, manufacturing and commercial entities and other
entities.
 
 1.9 design
competition
Design competition is a process through which a Civil
Engineer is selected above other competitors based on
proposal or an innovative approach to solving a client’s
needs. Competing firms are normally shortlisted from a
number of engineers responding to a client’s solicitation
either directly by a letter request or indirectly through
newspaper or other form of publication. The civil engineer
should be awarded a stipend to participate in the
competition.
 1.10 contingency
basis of
employment
Canon 5 of the PICE Code of Ethics provides that
“Engineers may request, propose or accept professional
commissions on a contingency basis only under
circumstances in which their professional judgments would
not be compromised.” Although contingent commissions
are permissible, it is the general view of PICE that it is not
in the best interest of the client or the public for the Civil
Engineer provide professional services on a contingency
basis.
 1.11 professional practice
of foreign civil engineer

Foreign Civil Engineers are allowed by law (See RA

8981) to practice civil engineering in the Philippines under
the following instances:

1. The laws of the foreigner’s state or country allow the

citizens of the Philippines to practice civil engineering on
the same basis and grant the same privileges as those
enjoyed by the subjects or citizens of such foreign state or
country.

2. Allowed under international agreement.

3. Consultants to be engaged in foreign-funded, joint
venture or foreign-assisted projects of the government.

4. Employees of Philippine of foreign private institutions

pursuant to law.

5. Civil engineers who were former citizens of the

Philippines. Who had been registered and issued a
certificate of registration and a professional identification
card prior to their naturalization as a foreign citizens ,and
who, while in the country on a visit, sojourn or permanent
residence, desire to practice their profession.
The End!!!

REPORTED BY: ENGR. SHIELA B. CABERTE