THE PRACTICE OF CIVIL

ENGINEERING
 1.1 GENERAL
This manual addresses the procurement of Civil Engineering
services for a quality project, Quality by definition is one
satisfactorily meeting both the expectations of the client or
employer and the requirements of the project. It requires
professional dedication, effort, adequate time for
investigation, planning and innovation, fair compensation,
and appropriate authority and responsibility. It cannot be
achieved only by effort at the beginning or end of a project.
These efforts must be conscious, and consistent throughout
all phases of a project.
 1.2 PROFESSIONAL
RESPONSIBILITY
• Civil engineers shall conduct themselves in a highly
professional manner and faithfully serve their clients and
employers.
• Civil engineers are bound by the Canon laws.
• Sustainable development is the top priority in professional
engagement.
• The highest standard of Ethical Professional Practice should
be maintained when civil engineers are dealing with
employers or clients.
1.3 CLIENT-CIVIL ENGINEER RELATIONSHIPS

Many engineering works are conceived, designed, and constructed

through the efforts of Civil Engineers employed in governmental agencies
or in industry. Other engineering projects come to fruition through the
efforts of civil engineering firms engaged for a specific project or program
by public agencies or private clients. Many public and private entities, of
necessity rely on Civil Engineers as their employees. Independent civil
engineering firms are also relied upon to accomplish projects which
require special expertise beyond the normal capabilities of the client.
 1.3.1 OBLIGATIONS OF THE CIVIL ENGINEER

• The Civil Engineer shall exercise reasonable skill, care and diligence in the performance of his obligations.
• 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 Civil Engineer is authorized to act as the Client's faithful agent when required but only as implied in the contract adopted for
the Project.
• 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.
• 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.
• 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.
• 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 co-ordinate 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 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
• The Client shall pay the Civil Engineer for his Services, the amount of fees and expenses set out in or
determined in their Agreement.
• 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 Client shall cooperate with the Civil Engineer and shall not interfere with or obstruct the proper
performance of the Services.
• 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.
• The Client shall arrange for the provision of services from other professionals or others as may be required and
bear all costs.
• 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.
• 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.
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
stablished against 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 duly 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

• 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.
• 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.
• The Civil Engineer shall not be responsible for the techniques, method, programmers, 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 or omissions.
1.3.3b, DAMAGES

If found that the Civil Engineer undertaking Services is liable to the Client, damages shall be
payable on the following terms;
• Damages payable shall be limited to the amount of reasonably foreseeable loss and
damage suffered as a direct result of such breach:
• 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 their Agreement;
• 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 SERVICES

If circumstances arise for which the Civil Engineer is not sponsible 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.
1.3.4 SUSPENSION OR TERMINATION OF
SERVICES
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:

• 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
• 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.
• When the Services are suspended or terminated the Civil Engineer shall be entitled to payment for the Services
carried but 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 rights or claims and liabilities of the parties.
1.3.5 SETTLEMENT OF 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 in
conciliation. If the matter in dispute is not resolved in
conciliation between within the prescribed time then the
matter in dispute shall referred to arbitration.
1.3.6 OWNERSHIP OF DATA,DESIGNS AND
DOCUMENTS

The design analyses, drawings, specifications and

reproductions thereof are instruments of 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 for public or private employers (clients) can provide a
variety of important services which are described in Section 2. Typical be May include:

Design, consultations and advice

Feasibility studies
Field investigations and engineering data collection
‘Environmental assessments, statements Engineering reports
Opinions of probable construction cost
Preliminary and final designs, drawings, specifications and construction bidding documents
Assistance in securing construction bids and in awarding Contracts
Construction administration and observation
Arrangements for or performance of testing of material equipment
Assistance in start-up, assessment of capacity, and operation of facilities
1.4 CIVIL ENGINEERING SERVICES

• Preparation of operation and maintenance manuals

• Appraisals and rate studies
• Value engineering
• Expert testimony
• Assessment of risks
• Structural remediation or rehabilitation
• Project Management and controls
• Provision of supplemental temporary staff
• Teaching
1.5 SPECIALIZATION IN CIVIL
ENGINEERING
•Within the practice of civil engineering. The PICE recognizes the
initial five areas of specialization. A civil Engineer who has
demonstrated his knowledge, experience ,education and training in
accordance with the requirements of the concerned Specialty
Committee of the PICE is awarded a certificate are considered
qualified for positions in the respective areas of specialization.
•The PICE recognizes specializations in the fields of structural
engineering, geotechnical engineering, water engineering
transportation engineering and construction management and
engineering. A Civil Engineer who has specialized in any area of civil
engineering may be considered as a specialist in the appropriate field
as enumerated.
1.6 SELECTION OF 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 factors, affect life-cycle
costs and thereby influence on the Economic feasibility of the undertaking. The
cost of the full range of engineering services typically amounts 1 not less than 1
to 2% of the life-cycle cost of most construction Projects. It is, therefore in the
client's best interest to engage the most qualified and reputable Civil Engineers or
Civil Engineering firm available. It is usually advantageous for the client to select a

•Civil Engineer who can support the project from conception through design ,
Construction, and project start-up. Continuity of service aids in developing a
relationship between the Civil Engineer and the client, which will add to the
success of the project.
1.7 PRIME 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 also the
owner of the project. Some information in this manual
also applicable when the Civil Engineer serves the client
indirectly as a sub-consultant through another engineer
or architect Who serves as the prime professional.
1.8 EMPLOYMENT

•The guidelines in this manual also refer to Civil

Engineers employed by professional consulting firms,
government agencies, educational 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 normally shortlisted from a
number or engineers responding to a client’ solicitation
either directly, by a letter request or indirectly through a
newspaper or other form or publication, The civil
Engineer should be awarded a stipend to participate in
the competition.
1.10 CONTINGENCY BASIS OF EMPLOYMENT

•Canon 5c or the PICE Code or 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 who secure the
services of a foreign Civil made responsible by law (R.A.
8981) for securing a special permit from PRC and the
Department of Labor and Employment pursuant to their
respective rules.
1.11 PROFESSIONAL PRACTICE OF FOREIGN CIVIL
ENGINEERS
•Foreign civil engineers are allowed by law (See RA 8981) to practice civil
engineering in the Philippines under the following instances.
• 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.
• Allowed under international agreement
• Consultants to be engaged in foreign-funded, joint venture or foreign-assisted
projects of the government.
• Employees of Philippine or foreign private institutions pursuant to law.
• 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 foreign citizens, and who,
while in the country on a visit, sojourn or permanent residence, desire to
practice their profession.