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CE LAWS-REVIEWER-PRELIM

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0% found this document useful (0 votes)
23 views9 pages

CE LAWS-REVIEWER-PRELIM

Uploaded by

afpoints042003
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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FUNDAMENTAL PRINCIPLES

Civil engineers uphold and advance in the integrity, honor and dignity of the civil engineering profession by:
1. Using their knowledge and skill for the enhancement of human welfare and the environment
2. Being honest and impartial and serving with fidelity the public, their employers/employees and clients;
3. Striving to increase the competence and prestige of the civil engineering profession; and
4. Supporting the professional and technical societies of their disciplines.
FUNDAMENTAL CANONS
CANON 1: Civil Engineers shall hold paramount the safety, health and welfare of the public and shall
strive to comply with the principles of sustainable development in the performance of their duties.
- This canon emphasizes that the primary responsibility of civil engineers is to protect the safety, health, and
welfare of the public in all aspects of their professional work.
CANON 2: Civil Engineers shall perform services only in areas of their competence.
- Civil engineers should only undertake projects or provide services that are within their area of expertise and
competence. They should not misrepresent their qualifications or experience.
CANON 3: Civil Engineers shall issue public statements only in an objective and truthful manner.
- Engineers should be honest and objective in their professional communications, avoiding misleading or false
statements.
CANON 4: Civil Engineers shall act in professional matters for each employer or client as faithful agents
or trustees, and shall avoid conflicts of interest.
- Engineers should act in the best interests of their employers or clients, providing professional services with
integrity, loyalty, and honesty.
CANON 5: Civil Engineers shall build their professional reputation on the merit of their services and
shall not compete unfairly with others.
- Engineers should not engage in deceptive practices, including falsifying data, misleading clients or the public,
or withholding important information.
CANON 6: Civil Engineers shall act in such a manner as to uphold and enhance the honor, integrity, and
dignity of the civil engineering profession.
- Engineers should conduct themselves in a manner that enhances the reputation of the engineering profession,
acting with integrity, honesty, and professionalism at all times.
CANON 7: Civil Engineers shall continue their professional development throughout their careers, and
shall provide opportunities for the professional development of those civil engineers under their
supervision.
- Engineers should continually strive to improve their professional knowledge and skills, staying current with
developments in the field and providing mentorship and opportunities for professional development to others in
the profession.

THE PRACTICE OF CIVIL ENGINEERING


1.1 GENERAL
- meeting both the expectations of the client or employer and the requirements of the project.
- require professional dedication, effort, adequate time for investigation, planning and innovation, fair
compensation, and appropriate authority and responsibility.
- effort must be conscious, continuous, and consistent throughout all phases of a project.
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 programming for operating and maintaining engineering works.
- the health, safety, well-being and comfort of the public in using a facility, and the ultimate facility cost all
depends on how well members of the project team fulfill their professional and contractual responsibilities.
- Civil Engineers are obliged to be faithful to the private interest of their client.
- requires candor, mutual trust, and effective communication and understanding between the Civil Engineer and
the client.
- should always strive to maintain the highest standard of Ethical Professional Practice.
1.3 CLIENT-CIVIL ENGINEER RELATIONSHIP
 Civil engineers lead the conception, design, and construction of engineering projects for both public and
private sectors.
 They are employed by governmental agencies, private clients, and independent firms.
 Clients rely on their expertise for efficient project execution.
 Independent civil engineers are sought for specialized projects.
 Emerging project management concepts like program management and design-build are being utilized
more frequently.
1.3.1 OBLIGATIONS OF THE CIVL ENGINEER
 The civil engineer shall perform scope of the services as stated in section 2.
 The civil engineer shall exercise reasonable skill, care and diligence in the performance of his
obligations.
 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.
 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.
 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.
 For Specified Staged Services, the civil engineer shall not initiate or proceed with any subsequent stage
of the services without the approval of the client.
 When required, the civil engineer shall direct and cooperate 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.
 The civil engineer may recommend specialist suppliers and contractors to design and execute certain
parts of the works, in which case the civil engineer shall coordinate the design of the works but he shall
be relieved of all responsibility for the design, manufacture, installation and performance of any such
parts of the works. The civil engineer shall not be liable for acts of negligence, default or mission by
such person or persons.
 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 the contract.

1.3.2 OBLIGATIONS OF THE CLIENT


1.3.3 LIABILITY OF THE CIVIL ENGINEER AND THE CLIENT
1.3.3. A. LIMITATION OF CIVIL ENGINEER’S RESPONSIBILITY
1.3.3 B. DAMAGES
1.3.4 SUPENSION OR TERMINATION OF SERVICES

1.3.5 SETTLMENT OF DISPUTES


 Disputes are to be addressed through written notice served to the other party, detailing the dispute and
requesting resolution through conciliation.
 If the dispute is not resolved through conciliation within the specified time, it will be referred to
arbitration.
1.3.6 OWNERSHIP OF DATA, DESIGNS AND DOCUMENTS
 Design analyses, drawings, specifications, and reproductions are considered instruments of service
owned by the Professional Engineer.
 They are to be used solely for the specific project covered by the agreement between the Client and
Engineer.
1.4 CIVIL ENGINEERING SERVICES
• 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 can act as construction or program managers.
• They may hire sub-consultants and subcontractors as part of their services.
• Civil engineers and firms often specialize in areas like structural, geotechnical, environmental, water
resources, transportation, and construction management engineering.
• Professional Civil Engineering firms utilize expertise from diverse disciplines including economists,
planners, designers, estimators, architects, scientists, analysts, specification writers, drafters, field
representatives, surveyors, and others.
• Civil engineers collaborate with practitioners from various fields, especially with the increasing use of
computer-aided design and drafting.
• They are also employed by practitioners to support their respective services.
• Civil engineers provide services that may involve the client's financial resources for construction
projects.
• Clients often rely on the expertise of civil engineers for technical aspects they may not fully understand.
• Civil engineering services must be delivered competently, efficiently, and ethically, fostering mutual
respect and trust between the engineer and the client.
1.5 SPECIALIZATION IN CIVIL ENGINEERING
 PICE recognizes five areas of specialization within civil engineering: structural engineering,
geotechnical engineering, water engineering, transportation engineering, and construction management
and engineering.
 Civil engineers meeting specific criteria set by the concerned Specialty Committee are awarded
certificates of specialization.
 Those with specialization certificates are considered qualified for positions in their respective areas of
expertise.
1.6 SELECTION OF A CIVIL ENGINEER
 Engaging a Civil Engineer is crucial for project development.
 Client objectives, financial commitment, design soundness, and project suitability rely on the Civil
Engineer's experience, organization, skill, integrity, and judgment.
 Engineer's recommendations impact life-cycle costs and economic feasibility of the project.
 Engineering services typically cost 1 to 2% of a construction project's life-cycle cost.
 Clients benefit from engaging qualified and reputable Civil Engineers or firms.
 Choosing an engineer who can support the project from conception to start-up is advantageous.
 Continuity of service fosters a strong relationship between the engineer and client, enhancing project
success.
 Qualifications, experience, reputation, and quality of service are crucial in selecting a Civil Engineer
consultant.
 Prioritizing cost over competence can lead to unsatisfactory service and higher project costs.
 Considerations include the engineer's specialty competence, past performance, team collaboration,
personnel assignments, independent reviews, costs, insurance, and life-cycle project costs.
 Selecting based on quality and expertise is subjective, so it's important for clients to assign individuals
best suited within their organizations to make the selection.
 Detailed discussions between the engineer and client to define the scope and expectations of engineering
services are essential before negotiating fees.
 A clearly defined scope reduces potential misunderstandings, project delays, and claims for additional
compensation.
 It protects the interests of both the client and the consultant.
 The Philippine Institute of Civil Engineers advocates procedures outlined in CIAP Documents 101 and
102, Executive Order 164, and PD 1594.
 Selection, procurement, and administration of engineering services are the responsibility of the owner or
their engineering staff.
1.7 PRIME PROFESSIONAL PRACTICE
 The manual guidelines focus on engaging engineering services where consulting Civil Engineers serve
as the client directly, typically when the client is also the project owner.
 Some information applies when Civil Engineers serve the client indirectly as a sub-consultant through
another professional.
 Services may also be provided through other entities in design-build, construction management, or
turnkey projects.
1.8 EMPLOYMENT
 The manual guidelines also apply to Civil Engineers employed by various entities including consulting
firms, government agencies, educational institutions, construction firms, manufacturing, commercial
entities, and others.
1.9 DESIGN COMPETITION
 Design competition involves selecting a Civil Engineer based on innovative proposals to meet a client's
needs.
 Firms are typically shortlisted from engineers responding to the client's solicitation directly or indirectly
through publications.
 Civil engineers participating in the competition should be awarded a stipend.
1.10 CONTINGENCY BASIS OF EMPLOYMENT
 Canon 5c of the PICE Code of Ethics allows engineers to request or accept commissions on a
contingency basis if it doesn't compromise their professional judgment.
 However, it's generally discouraged by PICE, as providing services on a contingency basis may not be
in the best interest of the client or the public.
1.11 PROFESSIONAL ENGINEERS PRACTICE
OF FOREIGN CIVIL
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.
- Foreign civil engineers must obtain a certificate of registration/license or special permit from the Professional
Regulation Commission (PRC) to practice in the Philippines.
- Organizations or individuals hiring foreign civil engineers are legally responsible for securing a special permit
from the PRC and the Department of Labor and Employment (DOLE) under RA 8981.

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