Scribd Logo
Upload

Welcome to Scribd!

  • 568 views

    3.5. Liability of The Civil Engineer and The Client: Breach of Duty of Care Break of Client's Duty

    Uploaded by

    Charlie Only
    The civil engineer is liable for damages arising from a breach of their duty of care to the client. The client is also liable if they breach their duty to the civil engineer. Any conflicts that arise between the client and civil engineer should first aim to reach a mutual understanding, and may then proceed through mediation, arbitration, or litigation. A civil engineer's responsibility is limited to work they personally performed or controlled - they are not liable for errors, omissions, negligence or performance issues caused by other consultants, contractors, suppliers, or the client.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    3.5. Liability of The Civil Engineer and The Client: Breach of Duty of Care Break of Client's Duty

    Uploaded by

    Charlie Only
    568 views2 pages
    The civil engineer is liable for damages arising from a breach of their duty of care to the client. The client is also liable if they breach their duty to the civil engineer. Any conflicts that arise between the client and civil engineer should first aim to reach a mutual understanding, and may then proceed through mediation, arbitration, or litigation. A civil engineer's responsibility is limited to work they personally performed or controlled - they are not liable for errors, omissions, negligence or performance issues caused by other consultants, contractors, suppliers, or the client.

    Original Title

    Document (1)

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The civil engineer is liable for damages arising from a breach of their duty of care to the client. The client is also liable if they breach their duty to the civil engineer. Any conflicts that arise between the client and civil engineer should first aim to reach a mutual understanding, and may then proceed through mediation, arbitration, or litigation. A civil engineer's responsibility is limited to work they personally performed or controlled - they are not liable for errors, omissions, negligence or performance issues caused by other consultants, contractors, suppliers, or the client.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    568 views2 pages

    3.5. Liability of The Civil Engineer and The Client: Breach of Duty of Care Break of Client's Duty

    Uploaded by

    Charlie Only
    The civil engineer is liable for damages arising from a breach of their duty of care to the client. The client is also liable if they breach their duty to the civil engineer. Any conflicts that arise between the client and civil engineer should first aim to reach a mutual understanding, and may then proceed through mediation, arbitration, or litigation. A civil engineer's responsibility is limited to work they personally performed or controlled - they are not liable for errors, omissions, negligence or performance issues caused by other consultants, contractors, suppliers, or the client.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 2

    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.

    - Since the civil engineers job is to provide service to his clients


    of his professional expertise, he is liable for mishandled work
    that may arise. Likewise, if the client fails to follow the
    agreement between him and his engineer she would be held
    liable and should provide compensation. Civil engineering
    provide services to the clients therefore, it is a negotiation and a
    mutual settlement between the engineer and the client.
    Whatever problem may arise depending on whose duty it is
    someone whether the engineer or the client will be held
    responsible.
    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.

    - A civil engineer’s work is specific such as in construction like


    being a construction engineer who facilitates the construction
    process. Therefore, any mishandled job beyond his job
    description is no longer his responsibility. Whoever's duty it is
    that are not done correctly whether it's the contractors, clients,
    consultants, and/or suppliers job then, he who do so will be
    held liable.

    You might also like