TOPIC 3

Question 1

Is a broad and vital discipline within the field of engineering focused on designing, constructing, and maintaining the built environment.

Answer 1

Practice of Civil Engineering

Question 2

They play a critical role in the development of infrastructure such as roads, bridges,
buildings, dams, water supply systems, and other essential public works

Answer 2

Civil Engineers

Question 3

It is paramount in the Civil Engineer’s work
engagement.

Answer 3

Care and protection of the environment

Question 4

Civil Engineers shall conduct themselves in a _______________ and Serve as
____________of their client or employers

Answer 4

highly Professional Manner; Faithful Trustees or agents

Question 5

Civil Engineers are therefore bound by the ________

Answer 5

Fundamental Canons of Ethics

Question 6

TRUE OR FALSE.

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.

Answer 6

TRUE

Question 7

CLIENT-CIVIL ENGINEER RELATIONSHIP is composed of??

Answer 7

Obligation of the Civil Engineer
Obligation of the Client
Liability of the Civil Engineer and the Client
SUSPENSION OR TERMINATION OF SERVICES
SETTLEMENT OF DISPUTES
OWNERSHIP OF DATA, DESIGNS AND DOCUMENTS

Question 8

1. The Civil Engineer shall perform Scope of the Services as stated in the
   classification of engineering services
2. Perform their obligations with diligence, care, and reasonable skill.
3. Shall act independently and accordingly to the contract, when required to certify
   or decide between a client and a third party.
4. Act as the client’s faithful agent implied in the contract.
5. Give written notice on particulars of any change in the scope of services.
6. For staged services, civil engineers shall not initiate at service without the
   approval of the client.
7. When required, civil engineers shall direct or work with other professions and
   integrate concerned work, but shall not be professionally liable for their work.
8. The civil engineer may recommend contractors or specialists to design and
   execute certain parts of the works.
9. Any interest which may have conflict of interest of the client should be notified by
   the civil engineer.

Answer 8

Obligation of the Civil Engineer

Question 9

1. The client shall pay the civil engineer for his services as stipulated in the contract.
2. Information required by the civil engineer shall be provided by the client in writing
   and the latter shall allow the civil engineer reasonable time.
3. The client shall cooperate and not interfere or obstruct in the performance of
   services.
4. The client shall make arrangements to allow the civil engineer to do site
   investigation and inspection of facilities ASAP.
5. The client shall shoulder the arrangement of services of other professionals and
   bear all costs.
6. In cases of clients allowing civil engineers as Engineer-to-the-Contract, the client
   shall give instructions through the civil engineers.
7. Client shall notify the civil engineer through writing within 7 days of any change
   he is aware of.

Answer 9

Obligation of the Client

Question 10

1. The civil engineer shall pay for damages arising out of breach of duty of care
   against the civil engineer to the client.
2. The client shall be liable to pay to the civil engineer if a break of client’s duty is
   established against the client.
3. Conflicts arising from the agreement between the client and the civil engineer
   follows the following process:Mediation. Negotiation overseen by a third-party
   called the mediator.
   ● Amicable settlement. Mutual understanding
   ● Arbitration. negotiation where the third-party(considered as impartial) is in
   control in making the final decision.
   ● Litigation (court proceeding). Negotiation where courts and civil justice
   system are involved.
4. A third-party arbitrator should be mutually acceptable to both parties.

Answer 10

Liability of the Civil Engineer and the Client

Question 11

Liability of the Civil Engineer and the Client

1. The civil engineer shall not be liable for damages, loss, and costs:
   ● for any errors or omissions for documents not prepared by him or under his
   control,
   ● for fraudulent services or negligence by the client or any other consultant ,
   contractor, supplier.
2. The civil engineer shall not be liable for the performance of other consultants,
   contractors, suppliers (regardless of recommendation).
3. The civil engineer shall not be responsible for the procedures of techniques adopted
   by any third party.

Answer 11

A. Limitation or Civil Engineer’s Responsibility

Question 12

Liability of the Civil Engineer and the Client

If the civil engineer is found liable, the damages shall be paid on the following terms:

(a) Damages for the foreseeable loss and damage resulting from the breach.
(b) The maximum amount is specified in the Specific Provision. However, if no
specific amount is given: the lesser of 300,000Php or 10% of the total amount
damages or 25% of the total fees payable under the agreement.
(c) If a third-party is found liable in some parts of the service, the amount payable
shall be limited to the proportion of work under breach.

Answer 12

B. Damages

Question 13

1. In cases when the civil engineer is not liable but it is impossible to continue the
   project, the civil engineer shall notify the client promptly.
2. If only portions of the work are suspended, time shall be extended
   For cases with reduction of performance speed, extension depends on the
   circumstances
3. A 30-day (minimum)notice shall be given by the client to the civil engineer in cases
   when client suspends or terminates work. Upon notification, civil engineer should make
   necessary arrangements to stop operation.
4. A 30-day (minimum)notice shall be given by the civil engineer for suspension or
   termination of services under the following conditions:
   ● No payment (or part of it) of the client 30 days after due date
   ● When the client suspends work for more than six months, or if it is clear to the
   civil engineer that it is impractical to continue services before the suspension
   exceeds six months.

Answer 13

SUSPENSION OR TERMINATION OF SERVICES

Question 14

When services are suspended or terminated, the civil engineer is entitled to the payment
of the following:

Answer 14

● Consequential cost
● Expenses and disruption fees
● Remobilization fees on resumption

Question 15

• 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

Answer 15

SETTLEMENT OF DISPUTES

Question 16

The civil engineer owns the following documents, which shall be used for specific projects
covered in the contract between the client and the engineer:
➔ Design analyses
➔ Drawings
➔ Specifications
➔ Reproductions

Answer 16

OWNERSHIP OF DATA, DESIGNS AND DOCUMENTS

Question 17

CIVIL ENGINEERING SERVICES

Answer 17

Typical services offered by civil engineers:
1. Designs, consultations, and advice
2. Feasibility studies
3. Field investigations and engineering data collection
4. Environmental assessments, impact statements, or engineering reports
5. Opinions of estimates
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 of 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. Expert testimony
15. Assessment of risks
16. Structural remediation or rehabilitation
17. Project management and controls
18. Provision of supplemental temporary staff
19. Teaching

Question 18

SPECIALIZATION IN CIVIL ENGINEERING

Answer 18

Within the practice of civil engineering, the PICE recognizes the initial five areas of
specialization. A Civil Engineer who has demonstrated his knowledge, experience, education
and training in accordance with the requirements of the concerned Specialty Committee of the
PICE is awarded a certificate of specialization by PICE. Those awarded with the certificates are
considered qualified for positions in the respective areas of specialization.
The PICE recognizes specializations in the fields of structural engineering, geotechnical
engineering, water engineering, transportation engineering, and construction management and
engineering. A Civil Engineer who has specialized in any area of civil engineering may be
considered as a specialist in the appropriate field as enumerated.

Question 19

SELECTION OF A CIVIL ENGINEER

Answer 19

The engagement of a 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 project
for its intended function rest upon the experience, organization, skill, integrity, and judgment of
the Civil Engineer. The Civil Engineer’s recommendations based on these factors, affect
life-cycle costs and thereby influence the economic feasibility of the undertaking.
The cost of the full range of engineering services typically amounts to not less than 1 to 2% of
the life-cycle cost of most construction projects. It is, therefore in the client’s best interest to
engage the most qualified and reputable Civil Engineers or Civil Engineering firm available. It is
usually advantageous for the client to select a Civil Engineer who can support the project from
conception through design, construction, and project start-up. Continuity of service aids in
developing a relationship between the Civil Engineer and the client, which will add to the
success 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. Selection based primarily on cost of services,
with limited consideration of the competence or expertise of the consultant, can result in
unsatisfactory service to the client and in higher overall project costs. The Civil Engineers
competence in specialty fields, performance on other projects of similar nature, interrelationship
with the 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.
Importantly, the client should recognize that selecting an engineer based on quality and
expertise is somewhat subjective. It is imperative that clients assign those individuals who are
best suited within their organizations to make that selection.
Once a Civil Engineer is selected, detailed discussions between the engineer and client to
define the scope and expectations of the engineering services to be provided, are essential
before negotiating a fee for services. A clearly defined scope of services greatly reduces the
potential for misunderstandings or confusion which can later evolve into project delays and
claims for additional compensation. A detailed scope of services protects the interests of both
the client and the consultants.
The Philippine Institute of Civil Engineers supports 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.

Question 20

The guidelines in 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 in this manual is also
applicable when the Civil Engineer serves the client indirectly as a sub-consultant 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.

Answer 20

PRIME PROFESSIONAL PRACTICE

Question 21

The guidelines in this manual also refer to Civil Engineers employed by professional consulting
firms, government agencies, educational institutions, construction firms, manufacturing and
commercial entities and other entities.

Answer 21

EMPLOYMENT

Question 22

Design competition is a process through which a Civil Engineer is 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.

Answer 22

DESIGN COMPETITION

Question 23

Canon 5c or the 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.” 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.

Answer 23

CONTINGENCY BASIS OF EMPLOYMENT

Question 24

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 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 subjects
or 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 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
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.

Answer 24

PROFESSIONAL PRACTICE OF FOREIGN CIVIL ENGINEERS

Question 25

Negotiation overseen by a third-party
called the mediator.

Answer 25

Mediation

Question 26

Amicable settlement.

Answer 26

Mutual Understanding

Question 27

Arbitration

Answer 27

negotiation where the third-party(considered as impartial) is in
control in making the final decision.

Question 28

Litigation (court proceeding)

Answer 28

Negotiation where courts and civil justice
system are involved.