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CE Laws, Contracts, and Ethics > CE LAW For Midterm Exam > Flashcards

CE LAW For Midterm Exam Flashcards

Reviewer

1
Q

Branches of the Government.

A

Executive Branch
Legislative Branch
Judicial Branch

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2
Q

Headed by the president.

A

The Executive Branch

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3
Q

Enforces the Law

A

The Executive Branch

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4
Q

Made up of the House of Representatives and Senate (collectively called Congress)

A

The Legislative Branch

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5
Q

Makes the law.

A

Legislative Branch

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6
Q

Through the supreme court and lower courts established by Congress (also called the judiciary).

A

Judicial Branch

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7
Q

Interprets the laws.

A

Judicial Branch

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8
Q

Construction Regulatory (Laws in the CE Profession)

A

RA 4566
RA 9184
PD 1746
PD 1167

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9
Q

Contractor’s License Law

A

RA 4566

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10
Q

An act creating the Philippine licensing board for contractor’s, prescribing its powers, duties and functions, providing funds therefore, and for other purpose.

A

RA 4566 - Contractor’s License Law

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11
Q

Creating the Construction Industry Authority of the Philippine (CIAP)

A

PD 1746

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12
Q

Developing and Regulating the overseas construction industry providing incentives therefore, and for other purposes.

A

PD 1167

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13
Q

Government Procurement Reform Act. (GPRA)

A

RA 9184

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14
Q

An act providing for the modernization, standardization and Regulation of the procurement activities of the government.

A

RA 9184 - Government Procurement Reform Act (GPRA)

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15
Q

Design and Construction Codes (Laws in the CE profession)

A 
PD 1096
PD 1185
PD 856
BP 344
RA 544
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16
Q

PD 1096

A

National Building Code of the Philippines (NSCP)

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17
Q

Accessibility Law

A

BP 344

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18
Q

Fire Code of the Philippines. (FCP)

A

PD 1185

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19
Q

Code on Sanitation of the Philippines

A

PD 856

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20
Q

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.

A

BP 344 - Accessibility Law

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21
Q

An act to regulate the practice of Civil Engineering in the Philippines.

A

RA 544

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22
Q

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.

A

Article 1

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23
Q

This term shall mean a person duty registered with the Board Examiners for Civil Engineers.

A

Civil Engineers

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24
Q

Article 2

A

Board of Examiners for Civil Engineers

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25
Q

Article 2, Section 3

A

Composition of Board

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26
Q

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.

A

Article 2, Section 3 - Composition of Board

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27
Q

Article 3

A

Examination and Registration

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28
Q

Article 3, Section 8

A

Examination Requirement

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29
Q

All applicants for registration for the practice of civil engineering shall be required to pass a technical examination as hereinafter provided.

A

Section 3, Section 8 - Examination Requirement

30
Q

Article 3, Section 12

A

Qualifications for Examinations

31
Q

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:

A
  1. ) Be atleast 21 years of age
  2. ) Be a citizen of the Philippines
  3. ) Be of good reputation and moral character
  4. ) Be a graduate of a 4-year course in CE from a school, institute and college.
32
Q

Fundamental Elements of Contract

A 
Offer
Acceptance
Consideration
Competency
Mutuality Obligation
Legal Capacity
Terms and Condition
Project Managee and Contract knowledge
33
Q

Stages of Contract

A
  1. ) Preparation / Conception
  2. ) Perfection / Birth
  3. ) Cosummation / Death
34
Q

Parties to a Contract

A
  • Promiser
  • Promisee
  • Beneficiary
35
Q

Important things shown in the contract

A
  • Name of the Parties
  • Price
  • A clause that expressly states agreement to the terms of the contract
36
Q

Classification of Contracts

A
  • as to Origin
  • as to Preparation
  • as to Obligation
  • as to Completion Status
  • as to Form
  • as to Legal Status
37
Q

Example of Torts

A
  • Nuisance
  • Negligence
  • Misrepresentation
  • Fraud
  • Trespass
38
Q

Concerned with crimes against the state or society.

A

Criminal Law

39
Q

Concerned with torts between individuals or groups.

A

Civil Law

40
Q

2 types of Beneficiary

A
  • Intended

- Intentional

41
Q

Difference between Intentional and Intended

A

Intended - acquiring rights

Intentional - non-party receives benefit

42
Q

Project Life Cycle

A
  1. ) Project Initiation
  2. ) Project Planning
  3. ) Project Execution
  4. ) Project Closure
43
Q

Project Initiation

A
  1. ) Develop a businss case
  2. ) Undertake a feasibility study
  3. ) Establish the project chatacter
  4. ) Appoint the project team
  5. ) Set-up the project office
  6. ) Perform the phase review
44
Q

Project Planning

A
  1. ) Create a PROJECT PLAN
  2. ) Create a RESOURCE PLAN
  3. ) Create a FINANCIAL PLAN
  4. ) Create a QUALITY PLAN
  5. ) Create a RISK PLAN
  6. ) Create a ACCEPTANCE PLAN
  7. ) Create a COMMUNICATIONS PLAN
  8. ) Create a PROCUREMENT PLAN
  9. ) Contract of the SUPPLIES PLAN
45
Q

PROJECT EXECUTION

A
  1. ) Build deliverables

2. ) Monitor and Control

46
Q

Monitor and Control

A
  1. ) Perform TIME management
  2. ) Perform COST management
  3. ) Perform QUALITY management
  4. ) Perform CHANGE management
  5. ) Perform RISK management
  6. ) Perform ISSUE management
  7. ) Perform PROCUREMENT management
  8. ) Perform ACCEPTANCE management
  9. ) Perform COMMUNICATIONS management
47
Q

Project Closure

A
  1. ) Perform Project CLOSURE

2. ) Review Project COMPLETION

48
Q

Participants of a Construction Project

A
  • Client
  • Consultant office
  • Contractor
49
Q

Types of a Construction Project

A
  1. Commercial and Institutional
  2. Buildings
  3. Residential
  4. Higway Construction
  5. Heavy Construction
  6. Industrial
  7. Specialized Industrial Construction
50
Q

Types of Construction Financing Scheme

A
  1. Design-Build (DB)
  2. Design-Build-Operate-Manage (DBOM)
  3. Design-Build-Finance-Operate (DBFO)
  4. Design-Build-Operate-Transfer (DBOT)
  5. Design-Construction-Manage-Finance (DCMF)
  6. Build-Transfer (BT)
  7. Build-Lease-Transfer (BLT)
  8. Build-Operate-Tramsfer (BOT)
  9. Build-Own-Operate (BOO)
  10. Build-Own-Operate-Transfer (BOOT)
  11. Build-Lease-Operate-Transfer (BLOT)
  12. Rehabilitate-Own-Transfer (ROT)
  13. Rehabilitate-Own-Operate (ROO)
  14. Rehabilitate-Own-Operate-Transfer (ROOT)
51
Q

Common Types of Construction Contract

A
  1. Lump Sum or Fixed Price Contract
  2. Cost Plus Contract
  3. Time and Material Contract
  4. Unit Pricing Contract
  5. Special Contract
52
Q

Specify a total fixed price that will be paid for all construction work.

A

Lump Sum or Fixed Price Contract

53
Q

Designate the buyer to pay the costs of construction, purchases, and other expenses produced from construction activity.

A

Cost Plus Contract

54
Q

The owners pays the contractor an agree amount over and above the documented cost of work.

A

Cost Plus Fixed Fee

55
Q

The owner pays greater than 100 percent of the documented cost, usually requiring detailed expense accounting.

A

Cost Plus Percentage of Cost

56
Q

Involve the owner paying for the time and material spent on a project.

A

Time and Material Contract

57
Q

Involve the contractor determining a specific price for a certain task.

A

Unit Pricing Contract

58
Q

A contract that is signed and has the seal of the signer attached.

A

Special Contracts

59
Q

A contract that is signed and has the seal of the signer attached.

A

Special Contracts

60
Q

Fundamental Principles

A
  1. ) Using their knowledge and skill for the enhancement of human welfare and the environment;
  2. ) Being honest and impartial and serving with fidelity the public, their employers/employees and clients;
  3. ) striving to increase the competence and prestige of the civil engineering profession and;
  4. ) supporting the professional and technical societies of their disciplines.
61
Q

Fundamental Canons

A
  1. ) 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.
  2. ) CE shall perform services only in areas of their competence.
  3. ) CE shall issue public statements only in an objective and truthful manner.
  4. ) CE shall act in professional matters for each employer or client as faithful agents or trustees, and shall avoid conflicts of interest.
  5. ) CE shall build their professional reputation on the merit of their services and shall not compete unfairly with others.
  6. ) CE shall act in such a manner as to uphold and enhance the honor, integrity, and dignity of the civil engineering profession.
  7. ) CE shall continue their professional development throughout their careers, and shall provide opportunities for the professional development of those civil engineers under their supervision.
62
Q

First step toward making a contract.

Intention to enter into a contract.

A

Offer

63
Q

Offer receipient’s consent

A

Acceptance

64
Q

-Eaither promise or money

A

Consideration

65
Q
  • Either promise or money
  • Vital part of the contract
  • Basis or incentives for the parties
A

Consideration

66
Q
  • Capacity to knowingly and consensually enter into a contract
  • legal establishment
A

Competency

67
Q

-Both parties must understand the terms of the agreement

A

Mutually obligation

68
Q

Fundamental requirement (Fundamental Elements of Contract)

A

Legal Capacity

69
Q

Obligation for both parties

A

Terms and Conditions

70
Q

Basis of business deals, negotiations, and project

A

Contract

CE Laws, Contracts, and Ethics (1 decks)

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