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Code of Ethics

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Assignment #1

Code of Ethics
Fundamental Principles
Civil engineers uphold and advance the integrity, honor and dignity of the civil
engineering profession by:

1. Using their knowledge and skills 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
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.
2. Civil Engineers shall perform services only in areas of their competence.
3. Civil Engineers shall issue public statements only in an objective and truthful manner.
4. Civil Engineers shall act in professional matters for each employer or client as faithful
agents or trustees, and shall avoid conflicts of interest.
5. Civil Engineers shall build their professional reputation on the merit of their services and
shall not compete unfairly with others.
6. Civil Engineers shall act in such a manner as to uphold and enhance the honor, integrity,
and dignity of the civil engineering profession.
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.
Guidelines to Practice under the Fundamental Canons of Ethics
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.

- The lives, safety, health, and wellbeing of the general public must be the first
priority of Civil Engineers on designing structures, processes, products, machines,
and devices. In line with this, Civil Engineers whose judgement is overruled
under circumstances where the public are endangered shall inform their clients or
employers for possible consequences. Seal or approvals shall only be applied on
documents that conform to engineering standards. Proper Authority shall be aided
if another person or firm committed violation of any provisions of this canon.
Civil Engineers must practice and should be involve in improving the safety and
protection of people and environment.

Canon 2: Civil Engineers shall perform services only in areas of their competence.

- Civil Engineers shall be qualified by education or experience in the technical field


of engineering involved in order to perform engineering assignments. They
should not affix their signatures or seals to any civil engineering plan or document
dealing with subject matter in which they lack of competence or experience. Any
Engineering Specialty Titles are only being acquired with PICE accreditation.

Canon 3: Civil Engineers shall issue public statements only in an objective and truthful manner.

- Civil Engineers must be truthful and objective in professional reports and shall
not issue false statement, criticisms, or arguments on civil engineering matters
without providing any important information. It is required for the engineers to be
dignified and modest in explaining their work and merit and shall not involve
personal interests at the expense of the integrity, honor, and dignity of the civil
engineering profession.

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.

- Civil Engineers shall avoid any conflict of interest and must inform their
employers or clients when circumstances which could influence their judgement
or the quality of their service happen and advise them when a project will likely
be unsuccessful. Civil Engineers shall not accept gratuities and solicits, directly or
indirectly and must not use confidential information in order to make personal
profit.
Canon 5: Civil Engineers shall build their professional reputation on the merit of their services
and shall not compete unfairly with others.

- Civil Engineers shall negotiate contracts for professional services fairly and may
propose or accept professional commissions. Proper credit for engineering work
must be given to whom credit is due. Civil Engineers may advertise professional
services in a way that will not mislead potential clients. It is prohibited to use any
of the employer or clients’ resources to carry on outside private practice without
their consent.

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.

- Civil Engineers must not engage in business or professional practices which will
be derogatory to the honor, integrity, or dignity of the civil engineering
profession.

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.

- Civil Engineers must participate in continuing education courses, attending


professional meetings and seminars in order to keep current in their specialty and
shall encourage other with the same profession to become registered the earliest
possible date. Civil Engineers shall maintain the principle of mutually satisfying
relationships between the employers and employees.
Assignment #2

Section 1: The Practice of Civil Engineering


I. General
This manual addresses the procurement of civil engineering services that
satisfactorily meet the client or employer’s expectations. This manual is dedicated to
advancing both the understanding and quality of the practice of Civil Engineering and
is predicated in a manner meeting the standard of care of the Civil Engineering
profession.

II. Professional Responsibility


The standard of practice is for Civil Engineers to be given responsibility for
operating and maintaining engineering works. The safety, health, well-being, and
comfort of the public in using different facilities depend on how well the project team
fulfil their professional responsibilities. Civil Engineers therefore bound by the
fundamental canons of ethics contained in this manual and must always strive to
maintain the highest standard of ethical professional practice in their dealing with
client employers, employees, competitors and the community.

III. Client-Civil Engineer Relationships


Most engineering works are conceived, designed, and constructed through the
effort of Civil Engineers employed in governmental agencies or in industry while
other projects come to fruition through the efforts of civil engineering firms that are
incorporated to specific project or program by private clients and public agencies.
Civil Engineers from independent civil engineering firms with special expertise are
usually relied upon accomplishing projects beyond normal capabilities of the client.

A. Obligations of the Civil Engineer


 Civil Engineer shall perform Scope of the Services as stated in
SECTION 2 (Classification of Engineering Services)
 Civil Engineer shall exercise reasonable skill, care and diligence in
the performance of his/her obligations.
 Civil Engineer shall act independently, perform with the necessary
skills and professional judgement, and decide or exercise
discretion between the client and the third party.
 Civil Engineer is authorized to act as the client’s faithful agent but
only as implied in SECTION 2 or in the contract adopted for the
project.
 Civil Engineer shall provide written notice to the client containing
particulars of the change when any matters will change or has
change the scope of the services.
 Civil Engineer shall not initiate with any subsequent stage of the
services without the client’s approval.
 Civil Engineer shall direct and co-operate with all other
professionals and integrate their work that are being undertaken by
the Civil Engineer and other professionals but shall not be
professionally liable.
 Civil Engineer shall co-ordinate the design of parts with the overall
design of the works and shall not be liable for acts of negligence,
default or omission by such person or persons.
 Civil Engineer shall notify the client of any interest which may
conflict with the interests of the client under their contract.

B. Obligations of the Client


 Client shall pay the Civil Engineer for his/her services set out in
their agreement.
 Client shall provide the Civil Engineer all information required by
the Civil Engineer in the performance of his services and a
decision in writing on all matters properly referred to the Client in
writing.
 Client shall cooperate with the Civil Engineer and shall not
interfere with the proper performance of the services.
 Client shall make arrangements enabling Civil Engineer to enter
the site and inspect facilities needed for his services.
 Client shall arrange for the provision of services from other
professionals or others as may be required and bear all costs.
 All instructions by the client shall be given through the Civil
Engineer when he/she is required to act as Engineer-to-the-
Contract.
 Client shall notify in writing within 7 days the Civil Engineer
containing, as far as is practicable, the particular of the change.

C. Liability of the Civil Engineer and the Client


 Civil Engineer shall only be liable to pay damages to the client
arising out or in connection with their agreement if a breach of
duty and care is established.
 Client shall only be liable to pay damages to the Civil Engineer if a
breach of the Client’s duty is established against the Client.
 Resolution to any conflict between the Client and Civil Engineer
shall be done by giving preference to the process of arbitration.
 Establishment of the breach of duty on the part of both Civil
Engineer and Client shall be undertaken by a third part arbitrator.

C.1. Limitation or Civil Engineer’s Responsibility


 Civil Engineer shall have no responsibility for costs, loss or
damage of whatsoever nature arising from any errors in or
omission from data, documents, plans, designing or
specifications not prepared by Civil Engineer, or other personnel
under the direct control of the Civil Engineer.
 Civil Engineer shall not be held to have made any warranty or
promise as to the sustainability, competence or performance of
any other third party.
 Civil Engineer shall not be responsible for the techniques,
method, programmes, sequences or procedures adopted by any
contracted or other third party responsible for executing any
aspects of the project.

C.2. Damages
Civil Engineers undertaking services is liable to the client,
damages shall be payable on the following terms:
 Damages payable shall be limited ti the amount of reasonably
foreseeable loss and damage suffered as a result of breach.
 The maximum amount of damages payable is limited to the
amount specified in the specific provision or to the lesser of
P300,000 or 10% of the total amount of damages of the portion
of the work attribute to the Civil Engineer’s breach of duty or
twenty five percent of the total of fees payable under their
agreement.
 The proportion of damages payable by other party that found
liable shall be limited to that proportion which is attributable to
that party’s breach of duty.

D. Suspension or Termination of Services


 Civil Engineers shall notify the Client if circumstances arise for
which may the services impractical or impossible to perform in
whole or in part in accordance with their agreement.
 The time for the completion of their service shall be extended as is
necessary by the reason of the abovementioned circumstances.
 Client may suspend all part of the services or terminate the
agreement by written notice of not less than 30 days to the Civil
Engineer whom shall immediately make arrangement to stop the
services and minimize further expenditure.
 Civil Engineer may terminate the agreement by written notice of
not less than 30 days and suspend the performance of the whole or
part the services under the conditions that Civil Engineer has not
received payment 30 days after the due date or payment of any
account or when the services has been suspended for a period
exceeding 6 calendar months.
 Civil Engineer shall be entitled to payment for the services carried
out when the services are suspended or terminated.
 Agreement shall not prejudice or affect accrued right or claims and
liabilities of the parties.

E. Settlement of Disputes
If a dispute arises on either party, that party shall serve on the other
the details of the dispute and request for conciliation. If the matter is not
resolved in conciliation, matter in dispute shall be referred to arbitration.

F. Ownership of Data, Designs and Documents


The design analyses, drawings, specifications and reproductions
owned by the Professional Engineer shall only be used for the specific
project covered by the agreement between the client and engineer.
IV. Civil Engineering Services
Civil Engineers and civil engineering firms specialize in specific areas of
engineering, such as; structural and foundation, geotechnical and environmental,
water resources and hydraulics, transportation, and construction management and
engineering. Civil Engineer provides services which may result in the client’s
committing financial resources for construction of a proposed project. Typical
services of civil engineers and civil engineering firms may include:

A. Design, consultations and advice


B. Feasibility studies
C. Field investigations and engineering data collection
D. Environmental assessments, impact statements or Engineering reports
E. Opinions od probable construction cost
F. Preliminary and final designs, drawings, specifications and construction
bidding documents
G. Assistance in securing construction bids and in awarding contracts
H. Construction administration and observation
I. Arrangements for or performance of testing or materials and equipment
J. Assistance in start-up, assessment of capacity, and operation of facilities
K. Preparation of operation and maintenance manuals
L. Appraisals and rate studies
M. Value engineering
N. Expert testimony
O. Assessment of risks
P. Structural remediation or rehabilitation
Q. Project management and controls
R. Provision of supplemental temporary staff
S. Teaching

V. Specialization in Civil Engineering


A Civil Engineer who has demonstrated his knowledge, experience, education and
training in accordance with the requirements set by the Specialty Committee of PICE
is awarded a certificate of specialization by PICE and considered qualified for
positions in the respective areas of specialization.

VI. Selection of a Civil Engineer


The Civil Engineer’s recommendations are based on his/her experience,
organization, skill, integrity, and judgement that affect life-cycle 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. Therefore client’s
best interest to select the most qualified and reputable Civil Engineers or Civil
Engineering firm available.
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.
The Philippine Institute of Civil Engineers supports procedures such those
specified by CIAP Documents 101 and 102, Executive Order 164, and PD 1594 as
amended.

VII. Prime Professional Practice


The guidelines in this manual refer 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. This
manual is also applicable when the Civil Engineering serves the client indirectly.
VIII. 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 entitles and the other entities.

IX. Design Competition


Design competition is a process in which Civil Engineer is selected above other
competitors based on proposal or an innovative approach to solving a client’s needs.

X. Contingency Basis of Employment


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.

XI. Professional Practice of Foreign Civil Engineers


Foreign civil engineers must still secure a certificate of registration/license or
special permit from the Professional Regulation Commission. According to RA 8981,
Civil Engineers are allowed to practice civil engineering in the Philippines under the
following instances.

A. Civil Engineers from Philippines are allowed to practice civil engineering


as stated in the laws of foreigner’s state or country.
B. Allowed under international agreement.
C. Consultants to be engaged in foreign-funded, joint venture or foreign-
assisted projects of the government.
D. Employees of Philippine or foreign private institutions pursuant to law.
E. 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.

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