CLIENT – CIVIL ENGINEER

RELATIONSHIPS
 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 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 preferences to the process of
arbitration.
 I. LIMITATION OR CIVIL ENGINEER’S
RESPONSIBILITY
1. The Civil Engineer shall have no responsibility or
liability for cost, 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 other Consultant,
Contractor or supplier to the client or any employee
or agent of the client, other Consultant, Contractors
or Suppliers.
2. Notwithstanding any recommendation of lack of
recommendation made by the Civil Engineer to the
Client, the Civil Engineer shall not be held to have made
any warranty or 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, method, 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.
 II. 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
₱300,000 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.
3. If found to be liable, in circumstances 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.
 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 had been
suspended, the time for their completion shall
be extended by the extent of the delay plus a
reasonable period for their resumption, or if the
speed of performing certain services has to be
reduced, the time for their 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
minimized 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 the time been contested in writing,
2. When the 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.
 SETTLEMENT OF DISPUTES

If 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.
 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 used only for the specific project
covered by the agreement between the Client
and the Engineer.