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• The civil engineer shall only be liable to pay damage 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 liable to oay daamages to the civil engineer if a breach of the clients duty to the
civil engineer is established against the client.
• Resolution of any conflict arising from agreement between the civil engineer and the client shall be
done by giving preference to the process.
DAMAGES
• Damages payable shall be limited to the amount of reasonably foreseeable lose and damage suffered
as a direct result of such breach.
• The maximum amount of damages payable in respect of liability wether under the law or contract or
otherwise, is limited to the amount specified to the lesser 300, 000 or 10% of the total amount of
damages.
• If found to be liable, in the 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.
SUSPENSION OR TERMINATION OF THE SERVICE
• The client may suspend all or part of the service or terminate the agreement by written notice less
than 30 days to the civil engineer.
• The civil engineer by written notice of no less than 30 days may terminate the Agreememt or at his
discretion without prejudice to the right to terminate.
Suspend the performance of the whole or part of the service under the following conditions:
1. When 30 dats after due date or payment of any account. The civil engineer has nit recieved payment
of that part of it which has not by that time been consisted.
2. When services have been suspended for a period exceeding 6 calendars months, or if it is clear to the
Civil engineer that it will be impossible or impractical to resume the suspended the services before the
period of suspension exceeded 6 months.
SETTLEMENT OF DISPUTES
If dispute arises on either party then that party shall by notice in writing served on the other party of
details of the dispute and request that the dispute be resolved by conciliation.
The Design analyses, drawings, spevification and reproductions thereof knstruments of service owned
by the Professional Engineer and shall be used to only for the specific project covered by the agreement
between the client and Engineer.
A Civil Engineer who has specialized in any area of civil engineering may be considered as a specialist in
the appropriate field as enumerated.