CIVIL ENGINEERING LAWS, ETHICS AND CONTRACTS

, and construction management and engineering.

Professional Civil Engineer firms draw upon the combined talents of various disciplines such as
economists, planners, engineers and designers, estimators, architects, scientists, technical analysts,
specification writers, drafters, field representatives, surveyors, and others. The expertise of practitioners
and specialist in other fields, particularly as the use of computers and computeraided design and drafting
increases, is also utilized. Likewise, Civil Engineer are employed by these practitioners to assist them in
the performance of their respective services.
The Civil Engineer provides services which may result in the client’s committing financial resources for
construction of a proposed project. The suitability of the constructed project for the intended function must
often be accepted at face value by the client, who may be unfamiliar with the technical and civil
engineering aspects of the project. Thus, civil engineering services must be performed in a competent and
efficient manner, on a highly professional and ethical plane, and in an atmosphere of mutual respect and
trust.
Project implementation has become increasingly complex, involving financial, environmental, regulatory,
technical and managerial matters. As a result, clients have opted to pursue a number of implementation
approaches. One such approach in commonly called program management. The client retains a program
manager to perform specialized tasks necessary to the development or construction of specific project.
Alternatively, the client may retain a program manager to develop, define and oversee the program,
prepare budgetary estimates of program costs, prepare program schedules, evaluate and select members
of the program team, and provide periodic program status reports. In other cases, the program manager’s
staff would in essence act as an extension of and interact with, the client’s staff through the life of the
program. In most cases, the client continues to be the contracting agent with all members of the program
team and the contractors hired to construct the project. The Program Manager is generally a Civil
Engineer.
1.1 SPECIALIZATION IN CIVIL ENGINEERING
Within the practice of civil engineering, the PICE recognizes the initial five areas of specialization. A Civil
Engineer who has demonstrated his knowledge, experience, education and training in accordance with the
requirements of the concerned Specialty Committee of the PICE is awarded a certificate of specialization
by PICE. Those awarded with the certificates are considered qualified for positions in the respective areas
of specialization.
The PICE recognize specializations in the fields of structural engineering, geotechnical engineering, water
engineering, transportation engineering, and construction management and engineering. A Civil Engineer
who has specialized in any are of civil engineering may be considered as a specialist in the appropriate
field as enumerated.
1.6. SELECTION OF A CIVIL ENGINEER
The engagement of a Civil Engineer is one of the most important decisions to be made during the
development of an engineering project. The accomplishment of the client’s objectives and commitment of
financial resources, soundness of design, and suitability of the proposed project for its intended function
rest upon the experience, organization, skill, integrity, and judgment of the Civil Engineer. The Civil
Engineer’s recommendations based on these factors, affect lifecycle costs and thereby influence the
economic feasibility of the undertaking. The cost of the full range of engineering services typically amounts
to not less than 1 to 2% of the life- cycle cost of most construction projects. It is, therefore in the client’s
best interest to engage the most qualified and reputable Civil Engineers or Civil Engineering firm available.
It is usually advantageous for the client to select a Civil Engineer who can support the project from
conception through design, construction, and project start-up. Continuity of service aids in developing a
relationship between the Civil Engineer and the client, which will add to the success of the project.
Civil Engineer who can support the project from conception through design, construction, and project start-
up. Continuity of service aids in developing a relationship between the Civil Engineer and the client, which
will add to the success of the project.
Qualifications, experience, reputation, and quality of client service are of critical importance in the selection
of a Civil Engineer as a consultant. Selection based primarily on cost of services, with limited consideration
of the competence or expertise if the consultant, can result in unsatisfactory service to the

client and in higher overall project costs. The Civil Engineers competence in specialty fields,
performance on other projects of similar nature, interrelationship with the design team members,
personnel assignments, provision for independent reviews, and costs, insurance and other annual
charges and the resulting life-cycle costs of the project. Importantly, the client should recognize that
selecting an engineer based on the quality and expertise is somewhat subjective. It is imperative that
clients assign those individuals who are best suited within their organizations to make that selection. Once
a Civil Engineer is selected, detailed discussions between the engineer and client to define the scope and
expectations of the engineering services to be provided, are essential before negotiating a fee for services.
A clearly defined scope of services greatly reduces the potential for misunderstandings or confusion which
can later evolve into project delays and claims for additional compensation. A detailed scope of services
protects the interests of both the client and the consultants.
The Philippines Institute of Civil Engineers support procedures such as those specified by CIAP
Documents 101 and 102, Executive Order 164, and PD 1594 as amended. In applying these procedures
the selection, procurement and administration of engineering services should be the responsibility of the
owners or the owner’s engineering staff.
1.7 PRIME PROFESSIONAL PRACTICE
The guidelines in this manual refer specifically to the engagement of engineering services where the
consulting Civil Engineers serve as the client directly as a prime professional, and where the client is
usually also the owner of the project. Some information in this manual is also applicable when the Civil
Engineer serves the client indirectly as a sub-consultant through another engineer or architect who serves
as the prime professional. These services may also be performed through another entity on a design-build
construction management, or turnkey project.
1.8 EMPLOYMENT
The guidelines in this manual also refer to Civil Engineers employed by professional consulting firms,
government agencies, educational institutions, construction firms, manufacturing and commercial entities
and other entities.
1.9 DESIGN COMPETITION
 Design competition is a process through which a Civil Engineer is selected above other competitors based
on proposal or an innovative approach to solving a client’s needs. Competing firms are normally shortlisted
from a number or engineers responding to a client’, solicitation either directly, by a letter request or
indirectly through a newspaper or other form or publication.
The civil engineer should be aware a stipend to participate in the competition.
1.10 CONTINGENCY BASIS OF EMPLOYMENT
Canon 5c or the PICE Code or Ethics provides that “Engineers may request, propose or accept
professional commissions on a contingency basis only under circumstances in which their professional
judgments would not be compromised. “Although contingent commissions are permissible, it is the

general view of PICE that it is not in the best interest of the client or the public for the Civil Engineer to
provide professional services on a contingency basis.
1.11 PROFESSIONAL PRACTICE OF FOREIGN CIVIL ENGINEERS
Foreign Civil Engineers are allowed by law (See RA 8991) to practice civil engineering in the Philippines
under the following instances.
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.
The application of the law is however not automatic. Foreign civil engineers must still secure certificate of
registration/license or special permit from the Professional Regulation Commission.
Agencies, organizations or individuals, whether public or private, who secure the services of a foreign Civil
Engineer, are made responsible by law (R.A. 8981) for securing a special permit form the PRC and the
Department of Labor and Employment pursuant to their respective rules.
SECTION 2- CLASSIFICATION OF ENGINEERING SERVICES
2.1 GENERAL
The needs for professional civil engineering services vary, and the civil engineering firms that meet
these needs a vary in organizational structure, size, and capability. Many civil engineering firms
provide comprehensive services to the client, while other firms specialize in areas of engineering, such
as geotechnical or structural, and transportation, water and construction management, and provide
their services to a prime engineer, architect, or owner. Few civil engineering firms are qualified to
provide complete service for all projects, and the use of associate professionals to provide specialized
services is common.
Services provided by Civil Engineers can be grouped into five broad categories:
1. Consultations, research, investigations, and reports.
ly of the client