CE LAW For Midterm Exam Flashcards
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Branches of the Government.
Executive Branch
Legislative Branch
Judicial Branch
Headed by the president.
The Executive Branch
Enforces the Law
The Executive Branch
Made up of the House of Representatives and Senate (collectively called Congress)
The Legislative Branch
Makes the law.
Legislative Branch
Through the supreme court and lower courts established by Congress (also called the judiciary).
Judicial Branch
Interprets the laws.
Judicial Branch
Construction Regulatory (Laws in the CE Profession)
RA 4566
RA 9184
PD 1746
PD 1167
Contractor’s License Law
RA 4566
An act creating the Philippine licensing board for contractor’s, prescribing its powers, duties and functions, providing funds therefore, and for other purpose.
RA 4566 - Contractor’s License Law
Creating the Construction Industry Authority of the Philippine (CIAP)
PD 1746
Developing and Regulating the overseas construction industry providing incentives therefore, and for other purposes.
PD 1167
Government Procurement Reform Act. (GPRA)
RA 9184
An act providing for the modernization, standardization and Regulation of the procurement activities of the government.
RA 9184 - Government Procurement Reform Act (GPRA)
Design and Construction Codes (Laws in the CE profession)
PD 1096 PD 1185 PD 856 BP 344 RA 544
PD 1096
National Building Code of the Philippines (NSCP)
Accessibility Law
BP 344
Fire Code of the Philippines. (FCP)
PD 1185
Code on Sanitation of the Philippines
PD 856
An act to enhance the mobility of the disabled persons by requiring certain Buildings, Institutions, Establishments and Public Utilities to install facilities and other devices.
BP 344 - Accessibility Law
An act to regulate the practice of Civil Engineering in the Philippines.
RA 544
The practice of Civil Engineering within the meaning and intent of this act shall embrace services in the form of consultation, design, preparation of plans, specifications, estimates, erection, installation, and supervision of the construction of the streets, bridges, highways, railroads, airports and hangers, portworks, canals, river and shore, improvements, lighthouses, dry docks; buildings, fixed structures, for irrigation, flood protection, drainage, water supply, and sewerage works; demolition of permanent structures; and tunnels.
Article 1
This term shall mean a person duty registered with the Board Examiners for Civil Engineers.
Civil Engineers
Article 2
Board of Examiners for Civil Engineers
Article 2, Section 3
Composition of Board
Within 30 days after the approval of this act there shall be created a Board of Examiners for Civil Engineers, hereinafter referred to as the board, to be composed of a chairman and two members shall be appointed by the secretary of Public Works and Highways.
Article 2, Section 3 - Composition of Board
Article 3
Examination and Registration
Article 3, Section 8
Examination Requirement
All applicants for registration for the practice of civil engineering shall be required to pass a technical examination as hereinafter provided.
Section 3, Section 8 - Examination Requirement
Article 3, Section 12
Qualifications for Examinations
Any person applying for admission to the civil engineeeing examination as herein provided shall, prior to the date of examination, establish to the satisfaction of the Board that he has the following qualifications:
- ) Be atleast 21 years of age
- ) Be a citizen of the Philippines
- ) Be of good reputation and moral character
- ) Be a graduate of a 4-year course in CE from a school, institute and college.
Fundamental Elements of Contract
Offer Acceptance Consideration Competency Mutuality Obligation Legal Capacity Terms and Condition Project Managee and Contract knowledge
Stages of Contract
- ) Preparation / Conception
- ) Perfection / Birth
- ) Cosummation / Death
Parties to a Contract
- Promiser
- Promisee
- Beneficiary
Important things shown in the contract
- Name of the Parties
- Price
- A clause that expressly states agreement to the terms of the contract
Classification of Contracts
- as to Origin
- as to Preparation
- as to Obligation
- as to Completion Status
- as to Form
- as to Legal Status
Example of Torts
- Nuisance
- Negligence
- Misrepresentation
- Fraud
- Trespass
Concerned with crimes against the state or society.
Criminal Law
Concerned with torts between individuals or groups.
Civil Law
2 types of Beneficiary
- Intended
- Intentional
Difference between Intentional and Intended
Intended - acquiring rights
Intentional - non-party receives benefit
Project Life Cycle
- ) Project Initiation
- ) Project Planning
- ) Project Execution
- ) Project Closure
Project Initiation
- ) Develop a businss case
- ) Undertake a feasibility study
- ) Establish the project chatacter
- ) Appoint the project team
- ) Set-up the project office
- ) Perform the phase review
Project Planning
- ) Create a PROJECT PLAN
- ) Create a RESOURCE PLAN
- ) Create a FINANCIAL PLAN
- ) Create a QUALITY PLAN
- ) Create a RISK PLAN
- ) Create a ACCEPTANCE PLAN
- ) Create a COMMUNICATIONS PLAN
- ) Create a PROCUREMENT PLAN
- ) Contract of the SUPPLIES PLAN
PROJECT EXECUTION
- ) Build deliverables
2. ) Monitor and Control
Monitor and Control
- ) Perform TIME management
- ) Perform COST management
- ) Perform QUALITY management
- ) Perform CHANGE management
- ) Perform RISK management
- ) Perform ISSUE management
- ) Perform PROCUREMENT management
- ) Perform ACCEPTANCE management
- ) Perform COMMUNICATIONS management
Project Closure
- ) Perform Project CLOSURE
2. ) Review Project COMPLETION
Participants of a Construction Project
- Client
- Consultant office
- Contractor
Types of a Construction Project
- Commercial and Institutional
- Buildings
- Residential
- Higway Construction
- Heavy Construction
- Industrial
- Specialized Industrial Construction
Types of Construction Financing Scheme
- Design-Build (DB)
- Design-Build-Operate-Manage (DBOM)
- Design-Build-Finance-Operate (DBFO)
- Design-Build-Operate-Transfer (DBOT)
- Design-Construction-Manage-Finance (DCMF)
- Build-Transfer (BT)
- Build-Lease-Transfer (BLT)
- Build-Operate-Tramsfer (BOT)
- Build-Own-Operate (BOO)
- Build-Own-Operate-Transfer (BOOT)
- Build-Lease-Operate-Transfer (BLOT)
- Rehabilitate-Own-Transfer (ROT)
- Rehabilitate-Own-Operate (ROO)
- Rehabilitate-Own-Operate-Transfer (ROOT)
Common Types of Construction Contract
- Lump Sum or Fixed Price Contract
- Cost Plus Contract
- Time and Material Contract
- Unit Pricing Contract
- Special Contract
Specify a total fixed price that will be paid for all construction work.
Lump Sum or Fixed Price Contract
Designate the buyer to pay the costs of construction, purchases, and other expenses produced from construction activity.
Cost Plus Contract
The owners pays the contractor an agree amount over and above the documented cost of work.
Cost Plus Fixed Fee
The owner pays greater than 100 percent of the documented cost, usually requiring detailed expense accounting.
Cost Plus Percentage of Cost
Involve the owner paying for the time and material spent on a project.
Time and Material Contract
Involve the contractor determining a specific price for a certain task.
Unit Pricing Contract
A contract that is signed and has the seal of the signer attached.
Special Contracts
A contract that is signed and has the seal of the signer attached.
Special Contracts
Fundamental Principles
- ) Using their knowledge and skill for the enhancement of human welfare and the environment;
- ) Being honest and impartial and serving with fidelity the public, their employers/employees and clients;
- ) striving to increase the competence and prestige of the civil engineering profession and;
- ) supporting the professional and technical societies of their disciplines.
Fundamental Canons
- ) CE sall hold paramount the safety, health and welfare of the public and shall strive to comply with the principles of sustainable development in the performance of their duties.
- ) CE shall perform services only in areas of their competence.
- ) CE shall issue public statements only in an objective and truthful manner.
- ) CE shall act in professional matters for each employer or client as faithful agents or trustees, and shall avoid conflicts of interest.
- ) CE shall build their professional reputation on the merit of their services and shall not compete unfairly with others.
- ) CE shall act in such a manner as to uphold and enhance the honor, integrity, and dignity of the civil engineering profession.
- ) CE shall continue their professional development throughout their careers, and shall provide opportunities for the professional development of those civil engineers under their supervision.
First step toward making a contract.
Intention to enter into a contract.
Offer
Offer receipient’s consent
Acceptance
-Eaither promise or money
Consideration
- Either promise or money
- Vital part of the contract
- Basis or incentives for the parties
Consideration
- Capacity to knowingly and consensually enter into a contract
- legal establishment
Competency
-Both parties must understand the terms of the agreement
Mutually obligation
Fundamental requirement (Fundamental Elements of Contract)
Legal Capacity
Obligation for both parties
Terms and Conditions
Basis of business deals, negotiations, and project
Contract