Professional Responsibility of the C.E
- conduct a high professional manner
- Prioritize environmental protection
- Ethical Professional Practise
Obligation of the C.E
- Do exact what stated on the contract ( Formal: The CE shall perform the scope of the engineering services as stated in the contract.
- Diligence on Obligation and responsibilities ( The CE shall exercise reasonable skill, care and diligence in the performance of his obligations.
- Honest adn fair to client adn 3rd party ( The CE shall act independently… when required to certify, decide or exercise discretion between the Client and a Third party.
- Authorized Representative (You speak for them, but only on project business). ( The CE is authorized to act as the Client’s faithful agent when required but only as implied in the contract adopted for the Project.
- “The Heads-Up” (Always put changes in writing). ( When aware of any matters which will change or has changed the scope of the services, the CE shall give written notice to the Client containing particulars of the change.
- “Unlock the Next Level” Rule ( Wait for the green light to move to the next stage). ( For Specified Staged Services, the CE shall not initiate or proceed with any subsequent stage of the Services without the approval of the Client.
- “The Coordinator” (Lead the team, but don’t take the fall for their specific errors). ( When required, the CE shall direct and cooperate with all other professionals and integrate their work… but shall not be professionally liable of their work.
- “I’ll help you find an expert and make sure their work fits into my building, but if their specific part breaks because they messed up, that’s on them, not me.”
- “If I have a personal or outside business connection that might make me biased while working on your project, I have a duty to tell you about it right away so everything stays fair and transparent.”
OBLIGATION OF THE CLIENT
- Clinet must pay the CE for work
- The Client must give the CE all the data they need (like land surveys or project goals) in a “reasonable time” so the project isn’t delayed.
- The “Stay Out of the Way” Rule: The Client must cooperate and not interfere with or block the Engineer’s work.
- Open Doors: The Client must make arrangements as soon as possible to let the Engineer enter the project site or inspect any necessary facilities.
- Hiring Other Experts: If the project needs other professionals (like architects or surveyors), the Client is responsible for arranging those services and paying for them.
- Communication Flow: If the CE is acting as the “Manager” (Engineer-to-the-Contract) for the Client, the Client shouldn’t bypass them. All instructions from the Client to third parties should be given through the CE to keep everything organized.
- If the Client realizes the project scope needs to change, they must tell the CE in writing.This notice must be sent within seven “ (7) days “of becoming aware of the change.
The ___ is the neutral third party who listens to both sides.
The Rule of Agreement: Both the Client and the Civil Engineer must agree on who this person is. One side cannot just pick their best friend to be the judge.
The Job: This neutral person is the one responsible for deciding if someone actually “breached their duty” (messed up their part of the deal).
Arbitrator
Liability of the Civil Engineer (CE) and the Client
- “I don’t owe you money just because the project had a problem. I only owe you money if I messed up my specific part of the deal.”
- When two people in a contract disagree—like an engineer and a client—they usually don’t want to go straight to a long, expensive court battle. Instead, they agree ahead of time to use a “referee” to settle the score. ( is called Arbitrator )
Limitation of CE responsibility
- the CE is not liable for errors in plans or designs unless they were prepared by the CE or those under their direct control.
If your staff messes up: You are legally responsible because you were supposed to be “controlling” and reviewing their output.
If the Client’s staff messes up: You are not responsible because you have no authority or “direct control” over them.
- Protecting the Engineer from “Outside” Mistakes
The engineer is not legally responsible for any costs or damages caused by:
Errors from Others: Any mistakes in data, plans, or designs that were not made by the engineer or their own staff.
The Client’s Actions: If the client is negligent, hides information, or even acts fraudulently.
Other Professionals: Mistakes made by “Other Consultants,” “Contractors,” or “Suppliers” are not the engineer’s fault.
- The Civil Engineer designs the “what” and the “where” of a project but is not legally responsible for the “how,” the “when,” or the mistakes made by the contractors actually doing the physical work.
DAMAGES
- If a contract is broken, the person at fault only pays for the specific, predictable problems that their mistake caused directly.
2.There is a hard limit on how much a CE pays, which is either a pre-agreed amount or the lowest value among P300k, 10% of the damaged work, or 20% of your total professional fees. - If other people also messed up, you only pay for the percentage of the damage that was actually your fault.
Settlement of disputes
- If everyone is angry and can’t agree on who pays what, you don’t go straight to a big, scary courtroom. First, you try to talk it out with a helper (Conciliation). If that fails, a private judge makes a final decision (Arbitration).
Professional Practise FOR Foreign CE
:1.A foreign Civil Engineer can work in the Philippines, but only if their home country also lets Filipino engineers work there under the same rules. It’s a “you scratch our back, we scratch yours” law (RA 8991).
2. international agreement allowing it.
3. They are hired as consultants for foreign-funded or government joint-venture projects.
4. they are employees of private institutions as allowed by law.
5. They were once Filipino citizens with a local license before becoming foreign citizens and now want to practice while visiting or living here.
6. PRC Approval: They must still secure a certificate of registration/license or a special permit from the Professional Regulation Commission (PRC).
7. Employment Permits: The organizations or people hiring them are responsible for securing a special permit from both the PRC and the Department of Labor and Employment (DOLE). made possible by RA “8981”
Foreign Civil Engineers are allowed by law (See RA ___) to practice civil engineering in the Philippines under certain instances.
8981
Foreign Civil Engineers must still secure a certificate of registration/license or special permit from the ___
Professional Regulation Commission (PRC).
Foreign Civil Engineers are allowed by law (See RA ____) to practice civil engineering in the Philippines under the following instances:
8981
