1.3.3.

a 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, 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 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,
programmes, sequences or procedures adopted by any Contractor or
other party responsible for executing any aspects of the Projects, 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.
1.3.3.b Damages

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 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 their Agreement.
3. If found to be liable, in circumstances where the acts or omissions of a
third party have contributed to the loss of 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 Services
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.

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 uncured 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 rights or claims and liabilities of the
parties.