School of Engineering and Architecture
Civil Engineering Department
General Civil Engineering
Chapter 2: The Practice of Civil
Engineering
CE Laws, Ethics and Contract
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Objective
After this chapter, the student should be able to:
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employ the professional responsibility of a Civil
Engineering
Content
This chapter focuses on
Engr. Carolina E. Dungca
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The Practice of Civil Engineering
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Professional Responsibility
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Client-Civil Engineer Relationship
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Obligation of the Civil Engineer
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Obligation of the Client
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Liability of the Civil Engineer and the Client
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Limitation of Civil Engineer’s Responsibility
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Damages
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Suspension and Termination of Services
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Settlement of Disputes
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Ownership of Data, Designs and Documents
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Civil engineering Services
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Specialization in Civil Engineering
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Selection of a Civil Engineer
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Chapter 2 – The Practice of Civil Engineering:
Related
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Prime Professional Practice
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Employment
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Design Completion
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Contingency Basis of Employment
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Professional Practice of foreign Civil Engineers
These are supplemental content necessary for this chapter
Readings

PICE (2003), Manual of Professional Practice for Civil
Engineers, 2nd Edition. Manila: Philippine Institute of
Civil Engineers, Inc.
HAU BOOKs 24x7

https://www.bbc.co.uk/ethics/introduction/intro_1.shtml
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Section 1: THE PRACTICE OF CIVIL ENGINEERING:
The PICE 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 the project.
1.2.
PROFESSIONAL RESPONSIBILITY
The standard of civil engineers is to be given responsibility for;
 Studying
 Designing
 Conceiving
 observing construction
 assisting in the programming for operating and maintaining engineering works.
The health, safety, well-being and comfort of the public in using a facility, and the ultimate facility
cost, all depend to a considerable extent on how well members of the project team fulfil their
professional and contractual responsibilities.
The civil engineer, therefore, has obligations as trustee to the public interest as well as faithful to
the private interests of clients. Successfully fulfilling these responsibilities require candor, mutual
trust, and effective communication and understanding between the civil engineer and the client.
Only in this way can a professional relationship be established and a successful project
implemented.
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Chapter 2 – The Practice of Civil Engineering:
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.
Care and protection of the environment is paramount in the civil engineering works engagements.
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
Regardless of their specific field of engineering, projects involve collaboration among multiple
individuals, in many cases from different organizations, and the end result is strongly influenced by
how effectively project staff members can collaborate with each other
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.
1.3.1
OBLIGATIONS OF THE CIVIL ENGINEER
The following are obligations of the Civil Engineer;
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
necessary skills and professional judgement, when required to certify, decide or exercise
discretion between the clients and a Third Party with whom the client has a contract.
4. The Civil Engineer is authorized to act as the Client’s 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 overall design of the Works, but he shall be relieved of all
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Chapter 2 – The Practice of Civil Engineering:
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 following are the obligations of the client;
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, 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.
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
Engineer’s Services, the client shall notify in writing within 7 days the Civil Engineer
containing as far as 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 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 established against the client.
Resolution of any conflicts 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 client’s duty to
the civil engineer shall be undertaken by a third party arbitrator mutually acceptable to the client
and the civil engineer.
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Chapter 2 – The Practice of Civil Engineering:
1.3.3.a. LIMITATION OF CIVIL ENGINEER’S RESPONSIBILITY;
1. The civil engineer shall have no responsibility or liability for cost, 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 with standing 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 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 is specified, to the lesser of ₱300,000 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 claim are made under contract or otherwise.
1.3.4. SUSPENTION AND TERMINATION OF SERVICES;
If a circumstances arises by which the plans are impractical or impossible to perform by the engineer
in accordance to agreement of the civil engineer and the client and leads to further revision. Both
parties shall be notified.
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Chapter 2 – The Practice of Civil Engineering:
If by reason of the above mentioned circumstances services have been suspended, the time for
their completion shall be extended by the extent of the delay plus a reasonable period for their
resumption.
The client may suspend all or part of the services or terminate the agreement by written notice not
less than 30 days to the civil engineer who shall immediately make the arrangements to stop the
services and minimize further expenditure.
The civil engineer by written notice not less than 30 days may terminate the agreement or suspend
the whole or part of the services under the following conditions:
a. when 30 days after the due date, the civil engineer has not received any payment on any
account which has not by that time contested in writing; or
b. when the services have been suspended for the period exceeding 6 calendar months, or if
it is clear to the civil engineer the it will be impractical or impossible to resume the services
before the period of suspension.
When the services are suspended or terminated the civil engineer shall be entitled to the payment
for the services carried out including consequential costs, expenses, and disruption fees incurred
as the result of 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. SETTLEMENTS OF DISPUTES;
If the dispute arises on either party then that party shall notify the other by means of writing with
the details of the dispute and request that the dispute be resolve by conciliation. If the matter that
the dispute is not resolve by conciliation between the parties with in the prescribe time then the
matter of dispute shall be refer to arbitration.
1.3.6. OWNERSHIP OF DATA, DESIGNS AND DOCUMENTS;
The design analysis, drawings, specifications, and reproduction thereof are instruments owned by
the professional civil 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 public or private employees (client)
can provide a variety of important services. Typical services may include:
 Design, consultation and advice
 Feasibility studies
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Field investigation and engineering data collection
Environmental assessment, impact statements of 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 materials and equipment
Assistance in start-up, assessment of capacity, and operation of facilities
Preparation of operation and operating manuals
Appraisals and rate studies
Value engineering
Expert testimony
Assessment of risks
Structural remediation or rehabilitation
Project management and controls
Provision of supplement temporary staff
Teaching
Civil Engineers may also serve as construction managers or program managers and may employ
other sub consultants and subcontractors as part of their services.
Many Civil Engineers and Civil Engineering Firms specialize in specific areas of engineering, such as
 Structural and foundation
 Geotechnical and environmental
 Water resources and hydraulics
 Transportation
 Construction management and engineering
Professional Civil Engineering firms draw upon the combined talents of various disciplines such as
economists, planners, engineers and designers, estimators, architects, scientists. Representatives,
surveyors and others.
The Civil engineer provides services which may result in the client’s committing financial resources
for construction of a proposed project.
Project implementation has become increasingly complex, involving financial, environmental,
regulatory, technical and managerial matters. As a result, clients have opted to pursue a number of
implementation approaches, one such approach is commonly called program management.
The program manager is generally a Civil engineer.
1.5.
SPECIALIZATION IN CIVIL ENGINEERING
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Chapter 2 – The Practice of Civil Engineering:
The practice of civil engineering, the PICE (Philippine Institute of Civil Engineering) recognizes the
initial five areas of specialization:
 Knowledge – just like facts, information, and skills acquired by a person through education
or practical understanding of a subject.
 Experience - practical contact with and observation of facts or events
 Education and Training- contain occupations in the same field of work that requires similar
skills and plans towards obtaining the necessary knowledge, competencies, and training for
success in a particular career pathway.
The specialization certificate is awarded by the Specialty Committee of the PICE, those awarded
with certificate are considered qualified for the positions in the respective areas of specialization.
The PICE (Philippine Institute of Civil Engineering) recognizes specializations in the following fields:
 Structural Engineering- creates drawings and specifications, perform calculations, review the
work of other engineers, write reports and evaluations, and observe construction sites.
 Geotechnical Engineering- is the study of the behaviour of soils under the influence of
loading forces and soil-water interactions
 Water Engineering- is someone who deals with the provision of clean water, disposal of
waste water and sewage, and the prevention of flood damage. Their job involves repairing,
maintaining and building structures that control water resources.
 Transportation Engineer- is the application of technology and scientific principles to the
planning, functional design, operation and management of facilities for any mode of
transportation in order to provide for the safe, efficient, rapid, comfortable, convenient,
economical, and environmentally compatible movement of people and goods.
 Construction Management- is a professional service that uses specialized, project
management techniques to oversee the planning, design, and construction of a project,
from its beginning to its end.
1.6.
SELECTION OF A CIVIL ENGINEER
The engagement of 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 for its intended function rest upon the experience,
organization, skill, integrity, and judgment of the civil engineer.
The Civil Engineers recommendations based on these factors, affect lifecycle costs and thereby
influence the economic feasibility of the undertaking.
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Chapter 2 – The Practice of Civil Engineering:
The cost of the full range of engineering services typically amounts to not less than 1 to 2% of the
life-cycle of most construction project. Therefore, it is the best interest of the clients to hire the
most qualified and reputable Civil Engineers or Civil Engineering Firm available.
It is usually advantageous to the client to select a Civil Engineer who can support the project from
beginning to end. The harmonious relationship between the client and Civil Engineer will aid for
the smooth flow of the project.
Qualifications, experience, reputation, and quality of client service are of critical importance in the
selection of a civil engineer as a consultant. The civil engineer competence in specialty fields,
performance on other project of similar nature, interrelationship with design team members,
personnel assignments, provision for independent reviews, and costs, insurance and other annual
charges and the resulting life-cycle costs of the project.
It is important that the client should recognize that selecting engineer based on quality and
expertise is somewhat subjective. It is imperative that the clients assign those individuals who are
the best suited within their organizations to make that selection.
The detailed scope and expectation of the engineering services to be provided must be discussed
in the client to reduced misunderstanding or confusion. A detailed scope of services protect the
interest of both the client and the consultant.
The PICE support procedures such as those specified by CIAP Documents 101 and 102, Executive
Order 164, and PD 1594 as amended. In applying these procedures the selection, procurement and
administration of engineering services should be the responsibility of the owner or the owner’s
engineering staff.
1.7.
PRIME PROFESSIONAL PRACTICE
The guidelines of 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 also is applicable when the Civil Engineer serves the client indirectly as a subconsultant through another engineer or architect who serves as the prime professional. These
services may also be performed through another entity on a design-build construction
management, or turnkey project.
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Chapter 2 – The Practice of Civil Engineering:
1.8.
EMPLOYMENT
The guidelines in the PICE 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
A process through which a Civil Engineer is a selected above other competitors based on proposal
or an innovative approach to solving a client’s needs. Competing firms are 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 of 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 contingent commissions are permissible, it is the general view of PICE that it is not in the
best interest of the client or the public for the Civil Engineer to provide professional services on a
contingency basis.
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.
1. The laws of the foreigner’s state or county 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 if 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 Philippine 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
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Chapter 2 – The Practice of Civil Engineering:
naturalization as foreign citizens, and who, while in the country on a visit, sojourn or
permanent residence, desire to practice their profession.
The application of the law is however not automatic. 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) for securing a special permit from
the PRC and the Department of Labor and Employment pursuant to their respective rules
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