CELECO Notes Chapter 3

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SECTION 1 - THE PRACTICE OF CIVIL 8.

Recommend specialist suppliers and/or


ENGINEERING contractors to design and execute certain parts
of works, in w/c case CE shall coordinate the
PROFESSIONAL RESPONSIBILITY design of such part/s w/ overall design of
works but shall be relieved of all responsibility
 Practice of CE: studying, conceiving, for the design, manufacture, installation and
designing, observing, construction, and performance of any part/s of works. The CE
assisting. shall not be liable for acts of negligence,
 Prioritize the health, safety, well-being, and default or ommission by such person/s.
comfort of the public 9. Notify the client of any interest the CE has w/c
 Trustee to the public interest, faithful to clients may significantly conflict w/ the interests of the
 CE shall conduct themselves in highly client under their contract.
professional manner; serve as faithful
trustees/agents OBLIGATIONS OF THE CLIENT
 CE are bounded by Fundamental Canons of
Ethics 1. Pay the CE for his services, amount of fees and
 Paramounts care and protection of the expenses set out or determined in their agreement
environment 2. Provide CE w/in reasonable time all info required
 Strive to maintain the highest standard of by CE in performance of his services & decision in
Ethical Professional Practice. writing on all matters properly referred to the client
in writing.
CLIENT-CE RELATIONSHIPS 3. Cooperate w/ the CE and shall not interfere w/ or
obstruct the proper performance of the services
 Engineering works are conceived, designed, 4. Make arrangement to enable CE to enter site &
and constructed by CE employed in gov’t inspect facilities needed in the performance of
agencies/industry services
 Other eng’g projects made through civil eng’g 5. Arrange for the provision of services from other
firms in a specific activity professionals or others as required and bear all
 Independent civil engineering firms accomplish costs
projects requiring special expertise 6. When CE is required to administer work of other
professionals or other 3rd parties directly contracted
OBLIGATIONS OF THE CE by client or when CE is required to act as engineer-
to-the-contract for any contract on behalf of the
The CE shall; client then all instructions by the client shall be
1. Perform scope of the services as stated in given through the CE
section 2 7. Notify in writing w/in 7 days the CE containing as
2. Exercise reasonable skill, care, and diligence in far as is practicable, particulars of the change.
the performance of his obligations
3. Act independently and as, as required by the LIABILITY OF THE CE AND THE CLIENT
contract, perform w/ necessary skills &
professional judgement, when required to  CE shall only pay damage if a breach of duty of
certify, decide or exercise discretion between care is established
the client and a 3rd party w/ whom the client  Client shall only pay damage of breach of
has a contract client’s duty to CE established against client
4. Authorized to act as client’s faithful agent  Resolution of conflict arising shall be done
when required but only as implied in section 2 through process of arbitration
or implied in contract adopted for the project  Establishment of breach of duty shall be done
5. When aware of any matters which will change by 3rd part arbitrator
or has changed the scope of services, CE shall
give written notice to client containing A. Limitation or CE’s Responsibility
particulars of change. a) No responsibility/liability for costs, loss, or
6. Not initiate/ proceed w/ any subsequent damage of nature arising from
stages of services w/o approval of the client. errors/ommission from data, documents,
7. Direct and co-operate w/ all other plans, design or specifications not
professionalsand integrate work where prepared by CE.
applicable into that being undertaken by the b) CE shall not to be held to have made any
CE and other professionals, but shall not be warranty/promise as to the suitability,
professionably liable for their work. competence/ performance of other
consultant, contractor, supplier or 3rd OWNERSHIP OF DATA, DESIGN AND
party DOCUMENTS
c) CE shall not be responsible for techniques,
methods, programs,  Design analyses, drawings, specifications,
sequences/procedures adopted by reproductions are instruments of service
contractors/ 3 rd
party responsible for owned by professional engineers and be used
executing any aspects of project, nor only for specific project covered by agreement
performance, failure to carry out work in between client and engineer.
accordance w/ any contract documents or
any other acts/ommissions

B. Damages
a) Damages payable limited to amount of
reasonably foreseeable loss and damage
suffered
b) Maximum amount of damage payable -
Php 300 000 or 10% of total damage
amount or 25% of total fees payable
c) If 3rd party contributes to loss/damage,
proportion of damages payable is limited
to proportion attributable to breach of
duty

SUSPENSION/TERMINATION OF SERVICE

 If CE can’t perform whole or part of services in


accordance w/ agreement, the CE shall
promptly notify client
 If above circumstance happens, time of
completion shall be extended by extent of
delay + reasonable period for resumption. If
services be reduced, time for completion be
extended necessary by reason of circumstances
 Client may suspend all/part of services or
terminate agreement by written notice not
less than 30 days to CE who immediately
makes arrangement to stop services and
minimzize further expenses
 CE in no less than 30 days may terminate
agreement at his discretion w/out prejudice
to right to terminate, suspend services under
these conditions;
 If 30 days after due or payment of
accounts the CE hasn’t received
payment of part of it
 When service are suspended exceeding 6
calendar months, or CE is impossible to
resume suspended services before
suspension period exceeded 6 months.

SETTLEMENT OF DISPUTES

 If dispute arises on any party, that party shall


by notice in writing served on other party of
details of dispute and request dispute be
resolved by conciliation. If dispute can’t be
settled w/in prescribed time, it’ll be referred to
arbitration.

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