Ce Law, Ethics, And Contracts CE 195 PDF
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This document presents lectures or notes on civil engineering concepts and ethics. It covers definitions, dilemmas, and practical considerations relating to civil engineering ethics and professional responsibility.
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CE LAW, ETHICS, AND CONTRACTS CE 195 FUN TIME GAMES TABLE OF CONTENT 1. INTRODUCTION TO GENERAL ETHICS AND ETHICAL VALUES 2. CIVIL ENGINEERING CODE OF ETHICS: FUNDAMENTAL PRINCIPLES. FUNDAMENTAL CANONS. GUIDELINES TO PRACTICE UNDER THE FUNDAMENTAL CANONS OF...
CE LAW, ETHICS, AND CONTRACTS CE 195 FUN TIME GAMES TABLE OF CONTENT 1. INTRODUCTION TO GENERAL ETHICS AND ETHICAL VALUES 2. CIVIL ENGINEERING CODE OF ETHICS: FUNDAMENTAL PRINCIPLES. FUNDAMENTAL CANONS. GUIDELINES TO PRACTICE UNDER THE FUNDAMENTAL CANONS OF ETHICS 3. THE PRACTICE OF CIVIL ENGINEERING: PROFESSIONAL RESPONSIBILITY. CLIENT CIVIL ENGINEER RELATIONSHIPS. CIVIL ENGINEERING SERVICES. SPECIALIZATION OF A CIVIL ENGINEER. SELECTION OF A CIVIL ENGINEER. PRIME PROFESSIONAL PRACTICE. EMPLOYMENT. DESIGN COMPETITION. CONTINGENCY BASIS OF EMPLOYMENT. PROFESSIONAL PRACTICE OF FORIEGN CIVIL ENGINEERS. INTRODUCTION TO GENERAL ETHICS AND ETHICAL VALUES DILEMMA 1 INTRODUCTION TO GENERAL ETHICS AND ETHICAL VALUES DILEMMA 2 INTRODUCTION TO GENERAL ETHICS AND ETHICAL VALUES DILEMMA 3 INTRODUCTION TO GENERAL ETHICS AND ETHICAL VALUES THIS IS ENGINEERING ETHICS INTRODUCTION TO GENERAL ETHICS AND ETHICAL VALUES ETHICS A set of standards by a which a particular group decides to regulates its behavior. it is a system of moral principles by which human actions and proposals may be judged as good or bad. MORAL A rules for right conduct for all individuals. INTRODUCTION TO GENERAL ETHICS AND ETHICAL VALUES Refers to holding to people morally accountable for some past action/actions. It also means care, welfare, or treatment for others MORAL as derived from the specific social role that plays in the society. it RESPONSIBILITY is likewise refers to ones capacity for making moral or rational decisions on his own Study what is right and wrong human behavior and conduct in BUSINESS business. it is also the study of the perceptions of people about ETHICS morality, moral norms, moral rules, and ethical principles as they apply to people and institutions in business. it is also the study, evaluation, analysis, and questioning of ethical standards, policies, moral norms, and ethical theories that managers and decision makers use in resolving moral issues and ethical dilemmas affecting business. INTRODUCTION TO GENERAL ETHICS AND ETHICAL VALUES RA 544 PD 1594 Prescribes polices, An act to regulate the practice guidelines, rules and of Civil Engineering in the philippines. regulations for “Civil Engineering Law” government infrastructure contracts. INTRODUCTION TO GENERAL ETHICS AND ETHICAL VALUES CODE OF ETHICS A set of principles that serve to guide the professionals in their daily work. It is more that a minimum standard that conduct and requires that the professionals to who the codes are aimed engage with them and develop a personal position/stand, which they can defend in terms of code of ethics. Code of Ethics or Code of Conduct serves to maintain the integrity of the profession so that its member serve “society’s best interest”. It also specifies the moral considerations of professional life as well as penalties and sanctions for violating them. Codes of Ethics are not stand-alone guarantee of ethical conduct or substitute for an individual conscience but are established as a guide for professionals in ethical delimma. INTRODUCTION TO GENERAL ETHICS AND ETHICAL VALUES PROFESSION IDEOLOGY ENGINEER Consist of group of The body of doctrine, myth, A profession in which the people organized to and symbols of a social knowledge of the serve a body of movement, institution, class, mathematical and physical specialized knowledge in or a large group. sciences gained by study, the interests of society. experience, and practice At the center of a with judgement to develop profession is a set of ways to utilize economics, skills, proficiencies, materials, and forces of techniques, and nature for a progressive competencies involving a well-being of human kind. line of work. CIVIL ENGINEERING CODE OF ETHICS FUNDAMENTAL PRINCIPLES FUNDAMENTAL PRINCIPLES Civil engineers uphold and advance the integrity, honor and dignity of the civil engineering profession by: 1. USING THEIR KNOWLEDGE AND SKILL FOR THE ENHANCEMENT OF HUMAN WELFARE AND 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 CIVIL ENGINEERING PROFESSION; AND 4. SUPPORTING THE PROFESSIONAL AND TECHNICAL SOCIETIES OF THEIR DISCIPLINES. CIVIL ENGINEERING CODE OF ETHICS FUNDAMENTAL CANONS FUNDAMENTAL CANONS FUNDAMENTAL CANONS CIVIL ENGINEERING CODE OF ETHICS GUIDELINES TO PRACTICE UNDER THE FUNDAMENTAL CANONS OF ETHICS GUIDELINES TO PRACTICE UNDER THE FUNDAMENTAL CANONS OF ETHICS Civil Engineers shall hold paramount the safety, health and welfare of CANON 1. the public and shall strive to comply with the principles of sustainable development in the performance of their professional duties. A. CIVIL ENGINEERS SHALL RECOGNIZE THAT THE LIVES, SAFETY, HEALTH AND WELFARE OF THE GENERAL PUBLIC ARE DEPENDENT UPON ENGINEERING JUDGEMENTS, DECISIONS AND PRACTICES INCORPORATED INTO STRUCTURES, MACHINES, PRODUCTS, PROCESSES AND DEVICES. B. CIVIL ENGINEERS SHALL APPROVE OR SEAL ONLY THOSE DESIGN DOCUMENTS, REVIEWED OR PREPARED BY THEM, WHICH ARE DETERMINED TO BE SAFE FOR PUBLIC HEALTH AND WELFARE IN CONFORMITY WITH ACCEPTED ENGINEERING STANDARDS. C. CIVIL ENGINEERS WHOSE PROFESSIONAL JUDGEMENT IS OVERRULED UNDER CIRCUMSTANCES WHERE THE SAFETY, HEALTH AND WELFARE OF THE PUBLIC ARE ENDANGERED, OR THE PRINCIPLES OF SUSTAINABLE DEVELOPMENT IGNORED, SHALL INFORM THEIR CLIENTS OR EMPLOYERS OF THE POSSIBLE CONSEQUENCES. GUIDELINES TO PRACTICE UNDER THE FUNDAMENTAL CANONS OF ETHICS D. CIVIL ENGINEERS WHO HAVE KNOWLEDGE OR REASON TO BELIEVE THAT ANOTHER PERSON OR FIRM MAY BE IN VIOLATION OF ANY OF THE PROVISIONS OF CANON 1 SHALL PRESENT SUCH INFORMATION TO THE PROPER AUTHORITY IN WRITING AND SHALL COOPERATE WITH THE PROPER AUTHORITY IN FURNISHING SUCH FURTHER INFORMATION OR ASSISTANCE AS MAY BE REQUIRED. E. CIVIL ENGINEERS SHOULD SEEK OPPORTUNITIES TO BE OF CONSTRUCTIVE SERVICE IN CIVIC AFFAIRS AND WORK FOR THE ADVANCEMENT OF THE SAFETY, HEALTH AND WELL-BEING OF THEIR COMMUNITIES, AND THE PROTECTION OF THE ENVIRONMENT THROUGH THE PRACTICE OF SUSTAINABLE DEVELOPMENT. F. CIVIL ENGINEERS SHOULD BE COMMITTED TO IMPROVING THE ENVIRONMENT BY ADHERENCE TO THE PRINCIPLES OF SUSTAINABLE DEVELOPMENT SO AS TO ENHANCE THE QUALITY OF LIFE OF THE GENERAL PUBLIC. GUIDELINES TO PRACTICE UNDER THE FUNDAMENTAL CANONS OF ETHICS Civil Engineers shall perform services only in areas of their CANON 2. competence. A.CIVIL ENGINEERS SHALL UNDERTAKE TO PERFORM ENGINEERING ASSIGNMENTS ONLY WHEN QUALIFIED BY EDUCATION OR EXPERIENCE IN THE TECHNICAL FIELD OF ENGINEERING INVOLVED. B. CIVIL ENGINEERS MAY ACCEPT OR ASSIGNMENT REQUIRING EDUCATION EXPERIENCE OUTSIDE OF THEIR OWN FIELDS OF COMPETENCE, PROVIDED THEIR SERVICES ARE RESTRICTED TO THOSE PHASES OF THE PROJECT IN WHICH THEY ARE QUALIFIED. ALL OTHER PHASES OF SUCH PROJECT SHALL BE PERFORMED BY QUALIFIED ASSOCIATES, CONSULTANTS, OR EMPLOYEES. C. CIVIL ENGINEERS SHALL NOT AFFIX THEIR SIGNATURES OR SEALS TO ANY CIVIL ENGINEERING PLAN OR DOCUMENTS DEALING WITH SUBJECT MATTER IN WHICH THEY LACK COMPETENCE BY VIRTUE OF EDUCATION OR EXPERIENCE OR TO ANY SUCH PLAN OR DOCUMENT NOT REVIEWED OR PREPARED UNDER THEIR SUPERVISION AND CONTROL. GUIDELINES TO PRACTICE UNDER THE FUNDAMENTAL CANONS OF ETHICS D. CIVIL ENGINEERS SHALL NOT USE THE SPECIALTY ENGINEERING TITLE SUCH AS STRUCTURAL ENGINEER, TRANSPORTATION ENGINEER, WATER ENGINEER, GEOTECHNICAL ENGINEER, CONSTRUCTION ENGINEER, ETC. WITHOUT PICE SPECIALIST ACCREDITATION. GUIDELINES TO PRACTICE UNDER THE FUNDAMENTAL CANONS OF ETHICS Civil Engineers shall issue public statements only in an objective and CANON 3. truthful manner. A.CIVIL ENGINEERS SHOULD ENDEAVOR TO EXTEND THE PUBLIC KNOWLEDGE OF CIVIL ENGINEERING AND SUSTAINABLE DEVELOPMENT, AND SHALL NOT PARTICIPATE IN THE DISSEMINATION OF UNTRUE, UNFAIR OR EXAGGERATED STATEMENTS REGARDING CIVIL ENGINEERING. B. CIVIL ENGINEERS SHALL BE OBJECTIVE AND TRUTHFUL IN PROFESSIONAL REPORTS, STATEMENTS, OR TESTIMONY. THEY SHALL INCLUDE ALL RELEVANT AND PERTINENT INFORMATION IN SUCH REPORTS, STATEMENTS, OR TESTIMONY. C. CIVIL ENGINEERS, WHEN SERVING AS EXPERT WITNESSES, SHALL EXPRESS CIVIL ENGINEERING OPINION ONLY WHEN IT IS FOUNDED UPON ADEQUATE KNOWLEDGE OF THE FACTS, UPON A BACKGROUND OF TECHNICAL COMPETENCE, AND UPON HONEST CONVICTION. GUIDELINES TO PRACTICE UNDER THE FUNDAMENTAL CANONS OF ETHICS D. CIVIL ENGINEERS SHALL ISSUE NO STATEMENTS, CRITICISMS, OR ARGUMENTS ON CIVIL ENGINEERING MATTERS WHICH ARE INSPIRED OR PAID FOR BY INTERESTED PARTIES, UNLESS THEY INDICATE ON WHOSE BEHALF THE STATEMENTS ARE MADE. E. CIVIL ENGINEERS SHALL BE DIGNIFIED AND MODEST IN EXPLAINING THEIR WORK AND MERIT, AND WILL AVOID ANY ACT TENDING TO PROMOTE THEIR OWN INTERESTS AT THE EXPENSE OF THE INTEGRITY, HONOR AND DIGNITY OF THE CIVIL ENGINEERING PROFESSION AND/OR RELATED PROFESSIONS. GUIDELINES TO PRACTICE UNDER THE FUNDAMENTAL CANONS OF ETHICS Civil Engineers shall act in professional matters for each employer or CANON 4. client as faithful agent or trustees, and shall avoid conflicts of interest. A. CIVIL ENGINEERS SHALL AVOID ALL KNOWN OR POTENTIAL CONFLICTS OF INTEREST WITH THEIR EMPLOYERS OR CLIENTS AND SHALL PROMPTLY INFORM THEIR EMPLOYERS OR CLIENTS OF ANY BUSINESS, ASSOCIATION, INTEREST, OR CIRCUMSTANCES WHICH COULD INFLUENCE THEIR JUDGMENT OR THE QUALITY OF THEIR SERVICES. B. CIVIL ENGINEERS SHALL NOT ACCEPT COMPENSATION FROM MORE THAN ONE PARTY FOR SERVICES ON THE SAME PROJECT, OR FOR SERVICES PERTAINING TO SAME PROJECT, UNLESS THE CIRCUMSTANCES ARE FULLY DISCLOSED TO AND AGREED TO, BY ALL INTERESTED PROJECTS. C. CIVIL ENGINEERS SHALL NOT SOLICIT OR ACCEPT GRATUITIES, DIRECTLY OR INDIRECTLY, FROM CONTACTORS, THEIR AGENTS, OR OTHER PARTIES DEALING WITH THEIR CLIENTS OR EMPLOYERS IN CONNECTION WITH WORK FOR WHICH THEY ARE RESPONSIBLE. GUIDELINES TO PRACTICE UNDER THE FUNDAMENTAL CANONS OF ETHICS D. CIVIL ENGINEERS IN PUBLIC SERVICES AS MEMBERS, ADVISORS OR EMPLOYEES OF A GOVERNMENTAL BODY OR DEPARTMENT SHALL NOT PARTICIPATE IN CONSIDERATION OR ACTIONS WITH RESPECT TO SERVICES SOLICITED OR PROVIDED BY THEM OR THEIR ORGANIZATION IN PRIVATE OR PUBLIC ENGINEERING PRACTICE. E. CIVIL ENGINEERS SHALL ADVISE THEIR EMPLOYERS OR CLIENTS WHEN, AS A RESULT OF THEIR STUDIES, THEY BELIEVE A PROJECT WILL NOT BE SUCCESSFUL. F. CIVIL ENGINEERS SHALL NOT USE CONFIDENTIAL INFORMATION COMING TO THEM IN THE COURSE OF THEIR ASSIGNMENTS AS A MEANS OF MAKING PERSONAL PROFIT IF SUCH ACTION IS ADVERSE TO THE INTEREST OF THEIR CLIENTS, EMPLOYERS OR THE PUBLIC. G. CIVIL ENGINEERS SHALL NOT ACCEPT PROFESSIONAL EMPLOYMENT OUTSIDE OF THEIR REGULAR WORK OR INTEREST WITHOUT THE KNOWLEDGE OF THEIR EMPLOYERS. GUIDELINES TO PRACTICE UNDER THE FUNDAMENTAL CANONS OF ETHICS Civil Engineers shall build their professional reputation on the merit of CANON 5. their services and shall not compete unfairly with others. A. CIVIL ENGINEERS SHALL NOT GIVE, SOLICIT OR RECEIVE EITHER DIRECTLY OR INDIRECTLY, ANY POLITICAL CONTRIBUTION, GRATUITY OR UNLAWFUL CONSIDERATION IN ORDER TO SECURE WORK, EXCLUSIVE OF SECURING SALARIED POSITIONS THROUGH EMPLOYMENT AGENCIES. B. CIVIL ENGINEERS SHOULD NEGOTIATE CONTRACTS FOR PROFESSIONAL SERVICES FAIRLY AND ON THE BASIS OF DEMONSTRATED COMPETENCE AND QUALIFICATIONS FOR THE TYPE OF PROFESSIONAL SERVICE REQUIRED. C. CIVIL ENGINEERS MAY REQUEST; PROPOSE OR ACCEPT PROFESSIONAL COMMISSIONS ON A CONTINGENT BASIS ONLY UNDER CIRCUMSTANCES IN WHICH THEIR PROFESSIONAL JUDGMENTS WOULD NOT BE COMPROMISED. GUIDELINES TO PRACTICE UNDER THE FUNDAMENTAL CANONS OF ETHICS D. CIVIL ENGINEERS SHALL NOT FALSIFY OR PERMIT MISREPRESENTATION OF THEIR ACADEMIC OR PROFESSIONAL QUALIFICATIONS OR EXPERIENCE. E. CIVIL ENGINEERS SHALL GIVE PROPER CREDIT FOR ENGINEERING WORK TO THOSE TO WHOM CREDIT IS DUE, AND SHALL RECOGNIZE THE PROPRIETARY INTERESTS OF OTHERS. WHENEVER POSSIBLE, THEY SHALL NAME THE PERSON OR PERSONS WHO MAY BE RESPONSIBLE FOR DESIGNS, INVENTIONS, WRITINGS OR OTHER ACCOMPLISHMENTS. F. CIVIL ENGINEERS MAY ADVERTISE PROFESSIONAL SERVICES IN A WAY THAT DOES NOT CONTAIN MISLEADING LANGUAGE OR IS IN ANY OTHER MANNER DEROGATORY TO THE DIGNITY OF THE PROFESSION. GUIDELINES TO PRACTICE UNDER THE FUNDAMENTAL CANONS OF ETHICS G. CIVIL ENGINEERS SHALL NOT MALICIOUSLY OR FALSELY, DIRECTLY OR INDIRECTLY, INJURE THE PROFESSIONAL REPUTATION, PROSPECTS, PRACTICE OR EMPLOYMENT OF ANOTHER ENGINEER OR INDISCRIMINATELY CRITICIZE OTHER’S WORK. H. CIVIL ENGINEERS SHALL NOT USE EQUIPMENT, SUPPLIES, LABORATORY OR OFFICE FACILITIES OF THEIR EMPLOYERS TO CARRY ON OUTSIDE PRIVATE PRACTICE WITHOUT THE CONSENT OF THEIR EMPLOYERS. GUIDELINES TO PRACTICE UNDER THE FUNDAMENTAL CANONS OF ETHICS Civil Engineers shall act in such a manner as to uphold and enhance CANON 6. the honor, integrity, and dignity of civil engineering profession. A.CIVIL ENGINEERS SHALL NOT KNOWINGLY ACT IN A MANNER WHICH WILL BE DEROGATORY TO THE HONOR, INTEGRITY, OR DIGNITY OF CIVIL ENGINEERING PROFESSION OR KNOWINGLY ENGAGE BUSINESS OR PROFESSIONAL PRACTICES OF A FRAUDULENT, DISHONEST OR UNETHICAL NATURE. GUIDELINES TO PRACTICE UNDER THE FUNDAMENTAL CANONS OF ETHICS Civil Engineers shall continue their professional development CANON 7. throughout their careers, and shall provide opportunities for the professional development of those civil engineers under their supervision. A. CIVIL ENGINEERS SHOULD KEEP CURRENT IN THEIR SPECIALTY FIELDS BY ENGAGING PROFESSIONAL PRACTICE, PARTICIPATING IN CONTINUING EDUCATION COURSES, READING IN THE TECHNICAL LITERATURE, AND ATTENDING PROFESSIONAL MEETINGS AND SEMINARS. B. CIVIL ENGINEERS SHOULD ENCOURAGE THEIR ENGINEERING EMPLOYEES TO BECOME REGISTERED AT THE EARLIEST POSSIBLE DATE. GUIDELINES TO PRACTICE UNDER THE FUNDAMENTAL CANONS OF ETHICS C. CIVIL ENGINEERS SHOULD ENCOURAGE ENGINEERING EMPLOYEES TO ATTEND AND PRESENT PAPERS OF PROFESSIONAL AND TECHNICAL SOCIETY MEETINGS. D. CIVIL ENGINEERS SHALL UPHOLD THE PRINCIPLE OF MUTUALLY SATISFYING RELATIONSHIPS BETWEEN EMPLOYEES AND EMPLOYERS WITH RESPECT TO TERMS OF EMPLOYMENT INCLUDING PROFESSIONAL GRADE DESCRIPTIONS, SALARY RANGES, AND FRINGE BENEFITS. CIVIL ENGINEERING CODE OF ETHICS 1.2 PROFESSIONAL RESPONSIBILITY 1.2 PROFESSIONAL RESPONSIBILITY CIVIL ENGINEERS ARE RESPONSIBLE FOR STUDYING, DESIGNING, OVERSEEING CONSTRUCTION, AND ASSISTING WITH OPERATION AND MAINTENANCE OF ENGINEERING WORKS. THEY MAY ALSO FACE UNFORESEEN TASKS DURING A PROJECT. THE SUCCESS OF A PROJECT, INCLUDING PUBLIC SAFETY AND FACILITY COSTS, LARGELY DEPENDS ON HOW WELL THE PROJECT TEAM MEETS THEIR PROFESSIONAL AND CONTRACTUAL DUTIES. CIVIL ENGINEERS MUST BALANCE THE PUBLIC INTEREST WITH CLIENT NEEDS, REQUIRING HONESTY, TRUST, AND CLEAR COMMUNICATION TO ENSURE A SUCCESSFUL OUTCOME. 1.2 PROFESSIONAL RESPONSIBILITY CIVIL ENGINEERS SHALL CONDUCT THEMSELVES IN A HIGHLY PROFESSIONAL MANNER AND SERVE AS FAITHFUL TRUSTEES OR AGENTS OF THEIR CLIENT OR EMPLOYERS. CIVIL ENGINEERS ARE THEREFORE BOUND BY THE FUNDAMENTAL CANONS OF ETHICS CONTAINED IN THIS MANUAL. CARE AND PROTECTION OF THE ENVIRONMENT IS PARAMOUNT IN THE CIVIL ENGINEER'S WORK ENGAGEMENT. CIVIL ENGINEERS MUST ALWAYS STRIVE TO MAINTAIN THE HIGHEST STANDARD OF ETHICAL PROFESSIONAL PRACTICE IN THEIR DEALING WITH CLIENT EMPLOYERS, EMPLOYEES, COMPETITORS AND THE COMMUNITY CIVIL ENGINEERING CODE OF ETHICS 1.3 CLIENT - CIVIL ENGINEER RELATIONSHIPS 1.3 CLIENT - CIVIL ENGINEER RELATIONSHIPS CIVIL ENGINEERS IN GOVERNMENT AND INDUSTRY: MANY ENGINEERING PROJECTS ARE DEVELOPED AND EXECUTED BY CIVIL ENGINEERS WORKING IN GOVERNMENT AGENCIES OR INDUSTRIAL SECTORS. CIVIL ENGINEERING FIRMS: PROJECTS MAY ALSO BE CARRIED OUT BY CIVIL ENGINEERING FIRMS HIRED BY PUBLIC AGENCIES OR PRIVATE CLIENTS FOR SPECIFIC TASKS OR PROGRAMS. CLIENT RELIANCE ON CIVIL ENGINEERS: PUBLIC AND PRIVATE ENTITIES OFTEN RELY ON CIVIL ENGINEERS AS EMPLOYEES OR CONSULTANTS. SPECIAL EXPERTISE: INDEPENDENT CIVIL ENGINEERING FIRMS ARE USED FOR PROJECTS REQUIRING SPECIALIZED KNOWLEDGE BEYOND THE CLIENT'S CAPABILITIES. NEW PROJECT CONCEPTS: CLIENTS ARE INCREASINGLY ADOPTING NEW APPROACHES, SUCH AS PROGRAM MANAGEMENT AND DESIGN-BUILD, TO EXECUTE PROJECTS. CIVIL ENGINEERING CODE OF ETHICS 1.3.1 OBLIGATIONS OF THE CIVIL ENGINEER 1.3.1 OBLIGATIONS OF THE CIVIL ENGINEER 6. 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. 7. WHEN REQUIRED, THE CIVIL ENGINEER SHALL DIRECT AND CO-OPERATE 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. 8. THE CIVIL ENGINEER MAY SUGGEST SPECIALIST SUPPLIERS OR CONTRACTORS FOR CERTAIN PARTS OF THE WORKS AND WILL COORDINATE THESE WITH THE OVERALL DESIGN. HOWEVER, THEY WILL NOT BE RESPONSIBLE FOR THE DESIGN, MANUFACTURE, INSTALLATION, OR PERFORMANCE OF THESE PARTS, NOR FOR ANY NEGLIGENCE OR OMISSIONS BY THOSE INVOLVED. 9. 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 THEIR CONTRACT. 1.3.1 OBLIGATIONS OF THE CIVIL ENGINEER THE OBLIGATIONS OF THE CIVIL ENGINEER INCLUDE: 1. THE CIVIL ENGINEER SHALL PERFORM SCOPE OF THE SERVICES AS STATED IN SECTION 2. 2. THE CIVIL ENGINEER SHALL EXERCISE REASONABLE SKILL, CARE AND DILIGENCE IN THE PERFORMANCE OF HIS OBLIGATIONS. 3. THE CIVIL ENGINEER MUST ACT INDEPENDENTLY AND, AS THE CONTRACT REQUIRES, USE THEIR SKILLS AND PROFESSIONAL JUDGMENT TO CERTIFY, DECIDE, OR EXERCISE DISCRETION BETWEEN THE CLIENT AND A THIRD PARTY. 4. 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. 5. WHEN AWARE OF ANY MATTERS WHICH WILL CHANGE OR HAS CHANGED THE SCOPE OF THE SERVICES, THE CIVIL ENGINEER SHALL GIVE WRITTEN NOTICE TO THE CLIENT CONTAINING PARTICULARS OF THE CHANGE. CIVIL ENGINEERING CODE OF ETHICS 1.3.2 OBLIGATIONS OF THE CLIENT 1.3.1 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 MUST PROVIDE THE CIVIL ENGINEER WITH NECESSARY INFORMATION AND WRITTEN DECISIONS PROMPTLY, WITHOUT CAUSING DELAYS TO THE SERVICES. 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 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. 1.3.1 OBLIGATIONS OF THE CLIENT 6. WHEN ADMINISTERING THE WORK OF OTHER PROFESSIONALS OR ACTING AS ENGINEER-TO-THE- CONTRACT, ALL CLIENT INSTRUCTIONS MUST BE CHANNELED THROUGH THE CIVIL ENGINEER. 7. THE CLIENT MUST NOTIFY THE CIVIL ENGINEER IN WRITING WITHIN 7 DAYS OF ANY MATTER THAT CHANGES THE SCOPE OF SERVICES, INCLUDING DETAILS OF THE CHANGE AS FAR AS POSSIBLE. CIVIL ENGINEERING CODE OF ETHICS 1.3.3 LIABILITY OF THE CIVIL ENGINEER AND THE CLIENT 1.3.3 LIABILITY OF THE CIVIL ENGINEER 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. CIVIL ENGINEERING CODE OF ETHICS 1.3.3A. LIMITATION OR CIVIL ENGINEER'S RESPONSIBILITY 1.3.3A. LIMITATION OR CIVIL ENGINEER'S RESPONSIBILITY THE CIVIL ENGINEER IS NOT RESPONSIBLE FOR COSTS, LOSS, OR DAMAGE RESULTING FROM ERRORS OR OMISSIONS IN DATA, DOCUMENTS, PLANS, DESIGNS, OR SPECIFICATIONS NOT PREPARED BY THEM OR THEIR DIRECT STAFF, NOR FOR ISSUES CAUSED BY THE CLIENT OR ANY OTHER CONSULTANT, CONTRACTOR, SUPPLIER, OR THEIR EMPLOYEES OR AGENTS. DESPITE ANY RECOMMENDATIONS OR LACK THEREOF BY THE CIVIL ENGINEER, THEY ARE NOT RESPONSIBLE FOR WARRANTING OR PROMISING THE SUITABILITY, COMPETENCE, OR PERFORMANCE OF ANY OTHER CONSULTANT, CONTRACTOR, SUPPLIER, OR THIRD PARTY. THE CIVIL ENGINEER IS NOT RESPONSIBLE FOR THE TECHNIQUES, METHODS, SCHEDULES, OR PROCEDURES USED BY ANY CONTRACTOR OR THIRD PARTY, NOR FOR THEIR TIMELINESS, ADHERENCE TO CONTRACT DOCUMENTS, OR ANY OTHER ACTS OR OMISSIONS. 1.3.3A. LIMITATION OR CIVIL ENGINEER'S RESPONSIBILITY THE CIVIL ENGINEER IS NOT RESPONSIBLE FOR COSTS, LOSS, OR DAMAGE RESULTING FROM ERRORS OR OMISSIONS IN DATA, DOCUMENTS, PLANS, DESIGNS, OR SPECIFICATIONS NOT PREPARED BY THEM OR THEIR DIRECT STAFF, NOR FOR ISSUES CAUSED BY THE CLIENT OR ANY OTHER CONSULTANT, CONTRACTOR, SUPPLIER, OR THEIR EMPLOYEES OR AGENTS. DESPITE ANY RECOMMENDATIONS OR LACK THEREOF BY THE CIVIL ENGINEER, THEY ARE NOT RESPONSIBLE FOR WARRANTING OR PROMISING THE SUITABILITY, COMPETENCE, OR PERFORMANCE OF ANY OTHER CONSULTANT, CONTRACTOR, SUPPLIER, OR THIRD PARTY. THE CIVIL ENGINEER IS NOT RESPONSIBLE FOR THE TECHNIQUES, METHODS, SCHEDULES, OR PROCEDURES USED BY ANY CONTRACTOR OR THIRD PARTY, NOR FOR THEIR TIMELINESS, ADHERENCE TO CONTRACT DOCUMENTS, OR ANY OTHER ACTS OR OMISSIONS. CIVIL ENGINEERING CODE OF ETHICS 1.3.3B. DAMAGES 1.3.3B. 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 DAMAGES PAYABLE FOR LIABILITY ARE LIMITED TO THE AMOUNT SPECIFIED IN THE SPECIFIC PROVISION, OR IF NOT SPECIFIED, TO THE LESSER OF P300,000, 10% OF THE DAMAGES ATTRIBUTABLE TO THE CIVIL ENGINEER'S BREACH, OR 25% OF THE TOTAL FEES UNDER THEIR AGREEMENT. 3. IF FOUND LIABLE, THE DAMAGES PAYABLE WILL BE LIMITED TO THE PROPORTION OF THE LOSS OR DAMAGE ATTRIBUTABLE TO THE PARTY'S BREACH OF DUTY, CONSIDERING ANY CONTRIBUTIONS FROM THIRD PARTIES. CIVIL ENGINEERING CODE OF ETHICS 1.3.4 SUSPENSION OR TERMINATION OF SERVICES 1.3.4 SUSPENSION OR TERMINATION OF SERVICES IF CIRCUMSTANCES BEYOND THE CIVIL ENGINEER’S CONTROL MAKE IT IMPRACTICAL OR IMPOSSIBLE TO PERFORM THE SERVICES AS AGREED, THEY SHALL PROMPTLY NOTIFY THE CLIENT. IF SERVICES ARE SUSPENDED DUE TO THE MENTIONED CIRCUMSTANCES, THE COMPLETION TIME WILL BE EXTENDED BY THE DELAY PLUS A REASONABLE PERIOD FOR RESUMPTION. IF THE PACE OF WORK IS SLOWED, THE COMPLETION TIME WILL BE ADJUSTED ACCORDINGLY. THE CLIENT MAY SUSPEND ALL OR PART OF THE SERVICES OR TERMINATE THE AGREEMENT WITH AT LEAST 30 DAYS' WRITTEN NOTICE. THE CIVIL ENGINEER MUST THEN PROMPTLY HALT THE SERVICES AND MINIMIZE FURTHER COSTS. 1.3.4 SUSPENSION OR TERMINATION OF SERVICES THE CIVIL ENGINEER MAY TERMINATE THE AGREEMENT WITH 30 DAYS' WRITTEN NOTICE OR SUSPEND SERVICES UNDER THE FOLLOWING CONDITIONS: 1. IF PAYMENT FOR ANY UNCONTESTED PART OF AN ACCOUNT IS NOT RECEIVED 30 DAYS AFTER THE DUE DATE, OR 2. IF SERVICES ARE SUSPENDED FOR OVER 6 MONTHS, OR IF RESUMPTION SEEMS IMPOSSIBLE WITHIN THAT TIMEFRAME. UPON SUSPENSION OR TERMINATION, THE CIVIL ENGINEER IS ENTITLED TO PAYMENT FOR COMPLETED SERVICES, INCLUDING CONSEQUENTIAL COSTS, DISRUPTION FEES, AND REMOBILIZATION FEES. SUSPENSION OR TERMINATION DOES NOT AFFECT ACCRUED RIGHTS OR LIABILITIES. CIVIL ENGINEERING CODE OF ETHICS 1.3.5 SETTLEMENT OF DISPUTES 1.3.5 SETTLEMENT OF DISPUTES DISPUTE NOTIFICATION - A PARTY MUST NOTIFY THE OTHER PARTY IN WRITING WITH DETAILS OF THE DISPUTE AND REQUEST RESOLUTION THROUGH CONCILIATION. CONCILIATION PROCESS - IF THE DISPUTE IS NOT RESOLVED THROUGH CONCILIATION WITHIN THE SPECIFIED TIME, IT WILL BE REFERRED TO ARBITRATION. CIVIL ENGINEERING CODE OF ETHICS 1.3.6 OWNERSHIP OF DATA, DESIGNS AND DOCUMENTS 1.3.6 OWNERSHIP OF DATA, DESIGNS AND DOCUMENTS OWNERSHIP: THE DESIGN ANALYSES, DRAWINGS, SPECIFICATIONS, AND REPRODUCTIONS ARE OWNED BY THE PROFESSIONAL ENGINEER. USAGE RESTRICTION: THEY ARE TO BE USED SOLELY FOR THE SPECIFIC PROJECT COVERED BY THE AGREEMENT BETWEEN THE CLIENT AND ENGINEER. CIVIL ENGINEERING CODE OF ETHICS 1.4 CIVIL ENGINEERING SERVICES 1.4 CIVIL ENGINEERING SERVICES CIVIL ENGINEERS 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 1.4 CIVIL ENGINEERING SERVICES 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 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: STRUCTURAL AND FOUNDATION, GEOTECHNICAL AND ENVIRONMENTAL, WATER RESOURCES AND HYDRAULICS. TRANSPORTATION, AND CONSTRUCTION MANAGEMENT AND ENGINEERING. THANK YOU FOR LISTENING!