Republic of the Philippines

Laguna State Polytechnic University

Santa Cruz Main Campus
Santa Cruz, Laguna

SECTION 1:
THE PRACTICE OF CIVIL ENGINEERING

SECTION 1

The Practice of Civil Engineering

1.1 GENERAL
This 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 a project. These efforts must be conscious,
continuous, and consistent throughout all phases of a project.
Quality results from team effort and is measured by the degree of satisfaction of all
parties involved. This manual is dedicated to advancing both the understanding and
quality of the practice of Civil Engineering.

The development of this manual is predicated on the basis that Civil Engineering
services are accomplished in a manner meeting the standard of care of the profession
of Civil Engineering

1.2 PROFESSIONAL RESPONSIBILITY

The standard of practice is for Civil Engineers to be given responsibility for studying,
conceiving, designing, observing construction, and assisting in the programming for
operating and maintaining engineering works. Other services that are unforeseen
initially may be required of the Civil Engineer during the evolution of a project. 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 fulfill 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.

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 in
this manual.

Care and protection of the environment is paramount in the Civil Engineer’s work
engagement.
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 RELATIONSHIPS

Many engineering works are conceived, designed, and constructed through the effort 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. Many public and private
entities, of necessity rely on Civil Engineers as their employees. Independent civil
engineering firms are also relied upon to accomplish projects which require special
expertise beyond the normal capabilities of the client. More recently, clients have been
utilizing new concepts, such as program management and design-build, to implement
projects.

Definition and explanation of proper relationships between Civil Engineers and their
public and private clients are important objectives of this manual. These are discussed
below (See Annex A for Sample Contracts of Services)
1.3.1 OBLIGATIONS OF THE CIVIL ENGINEER
The obligations of the Civil Engineer include:
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 with the necessary skills and professional judgement, when required to
certify, decide or exercise discretion between the client 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 change the scope of the
services, the civil engineer shall give written notice to the client containing particulars
of the change.

6. For specified stages 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 the overall design of the works but
he shall be relieved of all responsibility for the design, manufacture, installation and
performance of an such part or parts of the works. The civil engineer shall not be
liable for act 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 client has the following obligations

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 (that does not
result in delay to the provision of the services), 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 b 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 is practicable, the particulars of the change.

1.3.2.1 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 the
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 conflict 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
breach 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.

1.3.2 a. Limitation or Civil Engineer’s Responsibility

1. The civil engineer shall have no responsibility or liability for costs, 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 an 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. Notwithstanding an 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, programme,
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 another 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 specific provision or, if
no such amount or provision is specified, the lesser of p300,000 or 10% of the total
amount of damages of the portion of the work attributable to the civil engineer’s breach
of duty or 25% 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 beach
of duty, whether the claims are made under contract or otherwise.

1.3.4 SUSPENSION OR TERMINATION OF SERVICES

If circumstances arise for which the Civil Engineer is not responsible and which make it
impractical or impossible for the Civil Engineer to perform in whole or in part the
Services in accordance with their Agreement then the Civil Engineer shall promptly
notify the Client of the same.

If by reason of the above mentioned circumstances certain services had been

suspended, the time for their completion shall be extended by the extent of the delay
plus a reasonable period for their resumption, or if the speed or performing certain
services has to be reduced, the time for their completion shall be extended as is
necessary by reason of the circumstances.

The client may suspend all or part of the services or terminate the agreement by written
notice not of less than 30 das to the civil engineer who shall immediately make
arrangements to stop the services and minimize further expenditure.

The civil engineer by written notice of no less than 30 days may terminate the
agreement or at his and or her discretion without prejudice to the right to terminate,
suspend the performance of the whole or part of the services under the following
conditions:

1. When 30 days after the due date or payment of an account the civil engineer has
not received payment of that part of it which has not by that time been contested in
writing

2. When services have been suspended for a period exceeding 6 calendar months, or
if it is clear to the civil engineer that it will be impossible or impractical to resume the
suspended services before the period of suspension has exceeded 6 months.

When the services are suspended or terminated the civil engineer shall be entitled to
payment for the services carried out including consequential costs, expenses and
disruption fees incurred as a result of the 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 SETTLEMENT OF DISPUTES

 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.

1.3.6 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.

1.4 CIVIL ENGINEERING SERVICES

Civil Engineers and Civil Engineering firms, whether they serve public or private
employers (clients) can provide a variety of important services which are described in
Section 2. Typical services may include:

• Design, consultations and advice

• Feasibility studies

• Field investigations and engineering data collection

• Environmental assessments, impact statements or 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 maintenance manuals

• Appraisals and rate studies

 • Value engineering

• Expert testimony

• Assessment of risks

• Structural remediation or rehabilitation

• Project management and controls

• Provision of supplemental temporary staff

• teaching

Civil Engineers may also serve as construction managers or program managers and
may employ other subconsultants 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, and construction management and
engineerings.

Professional Civil Engineering firms draw upon the combined talents of various
disciplines such as economists, planners, engineers and designers, estimators,
architects, scientists, technical analysts, specification writers, drafters, field
representatives, surveyors and others. The expertise of practitioners and specialists in
other fields, particularly as the use of computers and computer-aided design and
drafting increases, is also utilized. Likewise, Civil Engineers are employed by these
practitioners to assist them in the performance of their respective services.

The Civil Engineer provides services which may result in the client’s committing
financial resources for construction of a proposed project. The sustainability of the
constructed project for the intended function must often be accepted at face value by
the client, who may be unfamiliar with the technical and civil engineering aspects of the
project. Thus, civil engineering services must be performed in a competent and efficient
manner, on a highly professional and ethical plane, and in an atmosphere of mutual
respect and trust.
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 client retains a program manager to
perform specialized tasks necessary to the development or construction of a specific
project. Alternatively, the client may retain a program manager to develop, define and
oversee the program, prepare budgetary estimates of program costs, prepare program
schedules, evaluate and select members of the program team, and provide periodic
program status reports. In other cases, the program manager’s staff would in essence
act as an extension of and interact with, the client’s staff would in essence act as an
extension of and interact with, the clients staff through the life of the program. In most
cases, the client continuous to be the contracting agent with all members of the program
team and the contractors hired to construct the project. The Program Manager is
generally a Civil Engineer.

1.3.3 SPECIALIZATION IN CIVIL ENGINEERING

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.

1.4 SELECTION OF A CIVIL ENGINEER

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 are 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 cost insurance and other annual
charges and the resulting life-cycle cost 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.

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 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.

1.7 PRIME PROFESSIONAL PRACTICE

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.

1.8 EMPLOYMENT

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.

1.9 DESIGN COMPETITION

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 of publication. The civil engineer should be awarded a stipend to participate
in the competition.

1.10 CONTIGENCY BASIS OF EMPLOYMENT

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.

1.11 PROFESSIONAL PRACTICE OF FOREIGN CIVIL ENGINEERS

Foreign Civil Engineer are allowed by law 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 engineer 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.