Quality is defined in the manual as a condition of satisfactorily meet both the project requirement and the expectations of the client or employer. It requires much effort which is considered:
- conscious
- continuous
- consistent
3.1. PROFESSIONAL RESPONSIBILITY
As a faithful trustee to the public interest and private interest of clients, civil engineers have the following responsibilities:
1. Civil engineers shall conduct themselves in a highly professional manner and faithfully serve their clients and employers.
2. Civil engineers are bound by the Canon Laws.
3. Sustainable development is the top priority in professional engagement.
4. The highest standard of Ethical Professional Practice should be maintained when civil engineers are dealing with employers or clients.
3.2. CLIENT-CIVIL ENGINEERING RELATIONSHIPS
Many engineering works are formed between civil engineers and the following:
- Government agencies
- Industry
- Private clients
- Civil engineering firms engaged for a specific project
- Public agencies
- Independent civil engineering firms
3.3 OBLIGATIONS OF THE CIVIL ENGINEER
As a faithful trustee, civil engineers are obliged to do the following:
1. Perform their obligations with diligence, care, and reasonable skill.
2. Shall act independently and accordingly to the contract, when required to certify or decide between a client and a third party.
3. Act as the client's faithful agent implied in the contract.
4. Give written notice on particulars of any change in the scope of services.
5. For staged services, civil engineers shall not initiate ay service without the approval of the client.
6. When required, civil engineers shall direct or work with other professions and integrate concerned work, but shall not be professionally liable for their work.
7. The civil engineer may recommend contractors or specialists to design and execute certain parts of the works.
8. Any interest which may have conflict of interest of the client should be notified by the civil engineer.
3.4. OBLIGATIONS OF THE CLIENT
The following obligations are of the client to the civil engineer:
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.
3.5. LIABILITY OF THE CIVIL ENGINEER AND THE CLIENT
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:
- Amicable settlement. Mutual understanding
- Mediation. Negotiation overseen by a third-party called the mediator.
- 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.
3.5.1. LIMITATION OR CIVIL ENGINEER'S RESPONSIBILITY
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.
3.5.2. DAMAGES
If the civil engineer is found liable, the damages shall be paid on the following terms:
1. Damages for the foreseeable loss and damage as a result of the breach.
2. 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.
3. 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.
3.6. SUSPENSION OR TERMINATION OF SERVICES
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.
When services are suspended or terminated, the civil engineer is entitled to the payment of the following:
- Consequential cost
- Expenses and disruption fees
- Remobilization fees on resumption
3.7. OWNERSHIP OF DATA, DESIGNS AND DOCUMENTS
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
3.8. CIVIL ENGINEERING SERVICES
Typical services offered by civil engineers:
- Designs, consultations, and advice
- Feasibility studies
- Field investigations and engineering data collection
- Environmental assessments, impact statements, or engineering reports
- Opinions of estimates
- Preliminary and final designs, drawings, specifications, and construction bidding documents
- Assistance in securing construction bids and in awarding contracts
- Construction administration and observation
- Arrangments 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
3.9. SELECTION OF A CIVIL ENGINEER
The selection of a civil engineer is one important decision for the client.A. For engineering services in construction projects.
The compensation for services (full range) of an engineer in construction projects should not be less than 1 to 2% of the life-cycle cost. Thereby, selection should include an engineer who can monitor the project from design, construction, and start-up.
B. As a consultant
Compensation depends on the cost of services so selection is based on:
- Qualification
- Experience
- Reputation
- Quality of client service
Although selection based on quality and expertise made by the client might be subjective, it is better to assign a qualified individual in the company to do the choosing.
Once the selection is completed, discussions between the client and the civil engineer should define the two important things before the compensaton of the engineer:
- Scope of work
- Expectations from the services
3.10. PRIME PROFESSIONAL PRACTICE
The civil engineer can work:
1. Directly. Serve the client (considered as the project owner)
2.Indirectly. When working as a sub-consultant through another engineer or architect.
3.11. EMPLOYMENT
Civil engineers covered by the manual are those employed by:
- Professional consulting firms
- Government agencies
- Educational institutions
- Construction firms
- Manufacturing
- Commercial entities
3.12. DESIGN COMPETITION
Design competition is the process through which a civil engineer is to be selected above other competitors based on proposal or an innovative approach to solving a client's needs.
Invitation is through:
- Directly through solicitation
- Indirectly through a letter of request through publication or newspaper
3.13. CONTINGENCY BASIS OF EMPLOYMENT
Payment is made as per accomplishment as stipulated in Canon 5c.
3.14. PROFESSIONAL PRACTICE OF FOREIGN CIVIL ENGINEERS
RA 8981 allows foreign engineers to practice in the Philippines by the following conditions:
1. Laws of the foreign country also allow Filipino civil engineers to practice their profession on the foreign soil.
2. Allowed under international agreement.
3. Consultant 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 the law.
5. Naturalized Filipino civil engineers who had been registered prior to naturalization.
There are requirements for foreign civil engineers to comply before practicing in the country:
- Certificate of registration/license
- Special permit from PRC
- Special permit from Department of Labor and Employment
No comments:
Post a Comment