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.
Quality results from team effort and is measured by the degree of satisfaction of all parties involved.

1.2 PROFESSIONAL RESPONSIBILITY

The standard of practice is for Civil Engineers to be given responsibility for studying, conceiving, designing, observing
construction, and assisting in the programming for operating and maintaining engineering works.
The health, safety, well-being and comfort of the public in using the facility, and the ultimate facility cost, all depend to a
considerable extent on how well members of the project team fulfill their professional and contractual responsibilities.
Civil Engineers shall conduct themselves in a highly Professional Manner and Serve as Faithful Trustees or agents of their client
or employers.
Civil Engineers are therefore bound by the Fundamental Canons of Ethics contained in this manual.
Care and protection of the environment is paramount in the Civil Engineers 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 the community.

1.3 CLIENT-CIVIL ENGINEER RELATIONSHIP

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 will require special expertise beyond the
normal capabilities of the client. More recently clients have been utilizing new concepts, such as program management and
design-build, to implement projects.

PROPER RELATIONSHIPS BETWEEN CIVIL ENGINEERS AND THEIR PUBLIC AND PRIVATE CLIENTS
1. OBLIGATIONS OF THE CIVIL ENGINEER
2. OBLIGATIONS OF THE CLIENT
3. LIABILITY OF THE CIVIL ENGINEER AND THE CLIENT
LIMITATION OR CIVIL ENGINEERS RESPONSIBILITY
DAMAGES
4. SUSPENSION OR TERMINATION OF SERVICES
5. SETTLEMENT OF DISPUTES
6. OWNERSHIP OF DATA, DESIGNS AND DOCUMENTS

1.3.1 OBLIGATIONS OF THE CIVIL ENGINEER

The Obligations of the Civil Engineer includes:

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 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.
4. The Civil Engineer is authorized to act as the Clients 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 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.
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

The Client has the following obligations.

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 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 Engineers 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 id a breach of the Clients 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 to the
process of arbitration.

Establishment of the breach of duty on the part of the Civil Engineer and that of the breach of the Clients duty to the Civil Engineer shall be
undertaken by a third party arbitrator mutually acceptable to the Client and the Civil Engineer.

1.3.3 a. Limitation or Civil Engineers 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. Not withstanding 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 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.

1.3.3 b. Damages

If found that the Civil Engineer undertaking Services is liable to the Client, damages shall be payable on the following terms:

1. Damages payable shall be limited to the amount 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 Engineers breach of duty or twenty five
percent of the total 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 partys
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 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.

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.
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 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 by conciliation. If the matter in dispute is not resolved in conciliation between the parties 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 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 services

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 of 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 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. Export testimony
15. Assessment of risks
16. Structural remediation or rehabilitation
17. Project Management and controls
18. Provision of supplemental temporary staff
19. Teaching

Civil Engineers may also serve as construction manager or program managers and may employ other subconsultants and subcontractors
as part of their services.

Talents of various discipline of Professional Civil Engineering firms

1. economists, 4. estimators 8. specification writers

2. planners 5. architects 9. drafters
3. engineers and 6. scientists 10. field representatives
designers 7. technical analysts 11. surveyors

Civil engineering services must be performed in a competent and efficient manner, on a highly professional and ethical plane, and in an
atmosphere of mutual respect and trust.

Project implementation has become increasingly complex, involving financial, environmental, regulatory, technical and managerial matters.

Program Management one of the implementation approach used by clients wherein they retain a program manager to perform
specialized task

Program manager performs specialized tasks necessary to the development or construction of a specific project
- develop, define and oversee the program, prepare budgetary estimates of program costs, prepare program schedules,
evaluate and select members of the program team, and provide periodic program status reports
- generally a Civil Engineer

1.5 SPECIALIZATION IN CIVIL ENGINEERING

PICE (Philippine Institute of Civil Engineers)

recognizes the initial five areas of specialization.
awards certificate that will consider qualification for positions in the respective areas of specialization

SPECIALIZATION OF CIVIL ENGINEERS AND CIVIL ENGINEERING FIRMS

1. Structural and foundation
2. Geotechnical and environmental
 3. Water resources and hydraulics
4. Transportation
5. Construction management and engineering

A Civil Engineer who has specialized in any area of civil engineering ma be considered as a specialist in the appropriate field as
enumerated.

1.6 SELECTION OF A CIVIL ENGINEER

Engagement of a Civil Engineer

- one of the most important decisions to be made during the development of an engineering project

Factors affecting and influencing economic feasibility of the undertaking

1. experience
2. organization
3. Skill
4. integrity
5. judgment of the civil engineer
The accomplishment of the clients objectives and commitment of financial resources, soundness of design, and
suitability of the prosed project for its intended function rest upon the above listed factors.

Cost of the full range of engineering services

- not less than 1 to 2% of the life-cycle cost of most construction projects
Continuity of service
- aids in developing a relationship between the Civil Engineer and the client, which will add to the success of the project

Critical importance in selection of a Civil Engineer as a consultant

1. qualifications 3. reputation
2. experience 4. quality of client service
Detailed scope of services greatly reduces the potential for misunderstandings or confusion
PICE (Philippine Institute of Civil Engineers) supports procedures such as those specified by CIAP Documents 101 and 102, Executive
Order 164, and PD 1594
Owner or the owners engineering staff responsible in applying procedures of the selection, procurement and administration of
engineering services

1.7 PRIME PROFESSIONAL PRACTICE

guidelines in this manual refer specifically to the engagement of engineering services where:
Consulting Civil Engineers serves as prime professional
Client serves as owner of the project
1.8 EMPLOYMENT
guidelines in this manual 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

process through which a Civil Engineer is selected above other competitors based on proposal or innovative approach to solving
a clients needs

1.10 CONTINGENCY BASIS OF EMPLOYMENT

Canon 5c or 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.

1.11 PROFESSIONAL PRACTICE OF FOREIGN CIVIL ENGINEERS

Foreign Civil Engineers are allowed by law (RA 8981) to practice civil engineering in the Philippines under the following instances:
1. The laws of the foreigners 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 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 Philippines or 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 foreign citizens, and who, while in the country on a visit, sojourn or
permanent residence, desire to practice their profession.

Foreign civil engineers must still secure a certificate of registration/license or special permit from the Professional Regulation Commission.
Agencies, organizations or individuals, whether public or private, who secure the services of a foreign Civil Engineer, are made responsible
by law (R.A. 8981- Modernization Act 2000) for securing a special permit from the PRC and the Department of Labor and Employment
pursuant to their respective rules.

From: Manual of Professional Practice for Civil Engineers 3 rd Ed. Philippine Institute of Civil Engineers, Inc.