Professional Documents
Culture Documents
The Practice of Civil Engineering
The Practice of Civil Engineering
ENGINEERING
Based on the Manual of Preofessional Practice
for Civil Engineers - 3rd Edition
3: Classification of CE Services
General
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.
6.
shall not initiate or proceed with any subsequent
stage of the Services without the approval of the
Client.
2.1 OBLIGATIONS OF THE CIVIL ENGINEER
7.
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
8.
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 Client shall provide the Civil Engineer within reasonable time
2.
(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.
2.2 OBLIGATIONS OF THE CLIENT
6.
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.
2.2 OBLIGATIONS OF THE CLIENT
7.
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.
2.3 LIABILITY OF THE CIVIL ENGINEER AND
THE CLIENT
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.
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.
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 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
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.
b.) Damages
1. Damages payable shall be limited to the amount of reasonably foreseeable
loss and damage suffered as a 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 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 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.
2.4 SUSPENSION OR TERMINATION OF SERVICES
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.
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:
Service 1 Service 2