1.

The Civil Engineer shall notify the Client ofany interest the Civil Engineer has which may
significantly conflict with the interest of the Client under their Contract.
1.1.1 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 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 possible 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 by 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.
1.1.2 LIABILITY OF THE CIVIL ENGINEEER 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.
1.1.3 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 any act or omission or lack of performance or any negligent or fraudulent act or
omission by the Client or any employee or agent of the Client, Other Consultants, Contractor or
 suppliers.
2. Notwithstanding any 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 of 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, methods, programs, 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 any other 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 the Specific Provision or, if no such
amount or provision is specified, to 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 f duty or twenty percent of the
total of fees payable under their agreement;
3. If found to be liable, in circumstance 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 breach of duty, whether the claims are made
under contract or otherwise.
1.1.4 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 abovementioned circumstances certain services has been suspended, the time for
their completion shall be extended by the extent of the delay pus a reasonable period for the
resumption, or if the speed of performing certain Services has to be reduced, the time for the
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 of not
less than 30 days 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 or the Services under the following conditions.
1. When 30 days after the due date or payment of any account the Civil Engineer has not received
payment of that part of it which has not by that time been contested in writing, or
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 six 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.
1.1.5 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 use only for the specific project covered by the
agreement between the Client and Engineer.
1.2 CIVIL ENGINEERING SERVICES
Civil Engineer 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 operations 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: