PROFESSIONAL

RESPONSIBILITY
(CONTINUED)
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Contents

Liability of the C.E. and Client

Limitations of CE Responsibility

Suspension of Services

Settlement of disputes

Ownership of data and documents

Liability of the CE and the client

Civil engineer shall only be liable to pay
damages to the client in connection with their
agreement. If a breach of duty is established
against the Civil Engineer.
The client shall only be liable to pay damages to
the Civil Engineer if a breach of clients duty to
the Civil Engineer is established against the
client.
Resolution of any conflict arising from
agreement between Civil Engineer and the
client shall be done by giving preference to the
process of arbitration.

Liability of the CE and the client

Settlement of disputes be done by third
party arbitrator mutually acceptable to
the client and the civil engineer.

Limitation of Civil Engineer

Responsibility
Civil Engineer shall have no liability for
cost, loss or damage of whatsoever nature
arising from any error or omission from
data, documents, plans, design or
specification not prepared by the Civil
Engineer.
Civil Engineer shall not be held to have
made any warranty as to suitability,
competence or performance of any other
consultants, contractor, supplier or other
third party.

Limitation of Civil Engineer

Responsibility
Civil Engineer shall not be responsible
for techniques, methods, programs or
procedures adopted by the contractor.

Damages if found that the CE

undertaking services is liable to the
client; damages shall be payable on
the ff. 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 the amount
specified in the specific provision or if no
such amount is specified to the lesser of
300,000 pesos or 10% of the total amount
of damages of the portion of work
attributed to the civil engineers breach of
duty or 25% of the total of fees payable
under their agreement.

 If found liable in circumstances where the

act or omission of a third party have
contributed to the loss or damages, the
proportion of damages payable by the
third party found liable shall be limited to
that proportions which is attributable to
that partys breach of duty.

Suspension or termination of services

If circumstances arise for which the CE is not
responsible and which make impractical or
impossible for CE to perform in whole or in
part the services in accordance with their
agreement. The CE 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 CE who
shall immediately make arrangements to stop
the services and minimize further
expenditures.

The civil engineer by written notice of

no less than 30 days may terminate
agreement or at his/her discretion
without prejudice to the right to
terminate, suspend the performance
of the whole or part of the services
under the ff. conditions :

 When 30 days after the due date or

payment of any account the CE has not
received payment of that part of it which
has not by that time been contested in
writing
When services have been suspended for
a period of exceeding 6 calendar months,
or if it is clear to the CE that it will be
impossible or impractical to resume the
suspended services.

SETTLEMENT OF DISPUTES
If dispute arises on either party, then that
party shall by notice in writing served on
the other party of the details of the
disputes and request that the dispute be
resolved by conciliation. If the matter in
dispute is not resolved by conciliation
between the parties within the prescribed
time then the matter in dispute shall be
referred to arbitration.

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.

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