CE 417

CONTRACTS
CE LAWS,
CE LAWS, ETHICS AND
CONTRACTS

ETHICS
AND
LECTURE 1 : INTRODUCTION TO GENERAL ETHICS AND ETHICAL VALUES
CIVIL ENGINEERING CODE OF ETHICS
THE PRACTICE OF CIVIL ENGINEERING
 CE LAWS, ETHICS AND CONTRACTS
DEFINITION OF TERMS

• CE LAWS: The practice of civil engineering within the

meaning and intent of this Act shall embrace services in the
CE LAWS, ETHICS AND

form of consultation, design, preparation of plans,

specifications, estimates, erection, installation and supervision
of the construction of streets, bridges, highways, railroads,
CONTRACTS

airports and hangars, port works, canals, river and shore

improvements, lighthouses, and dry docks; buildings, fixed
structures for irrigation, flood protection, drainage, water
supply and sewerage works; demolition of permanent
structures; and tunnels.
 CE LAWS, ETHICS AND CONTRACTS
DEFINITION OF TERMS

• ETHICS: a set of standards by which a particular group

decides to regulate its behavior. It is a system of moral
CE LAWS, ETHICS AND

principles by which human actions and proposals may be

judged as good or bad.

• CONTRACTS: the legal document concluded by all the

CONTRACTS

parties involved in the work, which clarifies the rights,

duties and obligations of each party and all the legal
and financial procedures followed until the completion
of the works provided that such acts are legitimate and
not contrary to the law.
 PROFESSION AND ETHICS
What is profession?

• It referred to a free act of commitment to a way of life. The

act or fact of professing – when a person occupies a special
CE LAWS, ETHICS AND

social role that carries with it stringent moral requirements.

• It referred to anyone who professed to be duly qualified.

CONTRACTS

• It also means that an occupation which one professes (admits,

agrees) to be skilled and to follow.

• It is a vocation in which professed knowledge of some branch

of learning is used in its application to the affairs of others.
 PROFESSION AND ETHICS
Key Characteristics of Modern Profession.

a. substantial intellectual and practical training

CE LAWS, ETHICS AND

a. provision of a specialized skill and service

c. high degree of professional autonomy and responsibility

CONTRACTS

d. an occupational organization controlling the profession

e. embargoes/restrictions on methods of attracting business

f. a trust relationship with the client.

 PROFESSION AND ETHICS
Ethics – derived from the Greek word ethos (Latin means
“mores”) which means “characteristic way of acting” which is
proper to man as a rational being.
CE LAWS, ETHICS AND

Morality – refers to the quality of goodness or badness in a

human act. Good is described as “moral” and bad as “immoral”.
Morals is the rules for right conduct for all individuals. It implies
judgment and refers to what we would call moral standards and
CONTRACTS

moral conduct.

Therefore, it is viewed that MORALITY IS NOTHING ELSE BUT A

DOING OF ETHICS. ETHICS is used to refer to the formal study
of those MORAL STANDS AND MORAL CONDUCT.
 PROFESSION AND ETHICS
IMPORTANCE ROLES OF PROFESSIONAL CODE OF ETHICS

a. Serving and protecting the public or society.

b. Guidance for the primary responsibilities.
CE LAWS, ETHICS AND

c. Inspiration, motivation and collective commitment.

d. Shared standards for excellence and fair competition.
e. Positive Support for responsible professionals.
CONTRACTS

f. Education and mutual understanding about moral

responsibilities of professionals.
g. Deterrence (prevention/restriction) and discipline.
h. Contributing to the profession’s positive image.
 ACTIVITY NO.1
Directions: Answer the following questions in essay form. Minimum
of two to three sentences are required for each question.

1. In your own words, what is the definition of CE Laws, Ethics,

THE PRACTICE OF CIVIL

and Contracts? How can you differentiate each one from the
other?

1. Explain the Civil Engineering Code of Ethics which includes the

ENGIEERING

fundamental principles and canon.

Submission date: July 01, 2022.

 REPORTING:

1. Classification of Engineering Services

2. Selection of the Civil Engineer
3. Charging for Civil Engineering Services
THE PRACTICE OF CIVIL

4. Total Project Cost

5. RA 544
6. RA 9184
ENGIEERING

7. PD 1594
8. CIAP Document 102
 CODE OF ETHICS
Civil Engineers uphold and advance the integrity,
honor, and dignity of the civil engineering profession
by:
CIVIL ENGINEERING CODE

1. using the knowledge and skill for the enhancement of

human welfare and the environment;
2. being honest and impartial and serving with fidelity
the public, their employers/employees and client;
OF ETHICS

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 OF ETHICS
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
CIVIL ENGINEERING CODE

performance of their duties.

1. Civil Engineers shall perform services only in areas of

their competence.
OF ETHICS

1. Civil Engineers shall issue public statements only in an

objective and truthful manner.
 FUNDAMENTAL CANONS OF ETHICS
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 ENGINEERING CODE

5. Civil Engineers shall build their professional reputation

on the merit of their services and shall not compete
unfairly with others.
OF ETHICS

6. Civil Engineers shall act in such a manner as to uphold

and enhance the honor, integrity, and dignity of the civil
engineering profession.
 FUNDAMENTAL CANONS OF ETHICS
7. Civil Engineers shall continue their professional
development throughout their careers, and shall provide
opportunities for the professional development of those
CIVIL ENGINEERING CODE

civil engineers under their supervision.

OF ETHICS
 GUILDLINES TO PRACTICE UNDER THE
FUNDAMENTAL CANONS OF ETHICS
CANON 1: Civil Engineers shall hold paramount the
CIVIL ENGINEERING CODE

safety, health and welfare of the public and shall strive

to comply with the principles of sustainable development
in the performance of their duties.

a. Civil Engineers shall recognize that the lives, safety,

OF ETHICS

health and welfare of the general public are dependent

upon engineering judgement, decision and practices
incorporated into structures, machine, products,
processes and devices.
 GUILDLINES TO PRACTICE UNDER THE
FUNDAMENTAL CANONS OF ETHICS
b. Civil Engineers shall approve or seal only those design
CIVIL ENGINEERING CODE

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 Engineering whose professional judgement is

OF ETHICS

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.
 GUILDLINES TO PRACTICE UNDER THE
FUNDAMENTAL CANONS OF ETHICS
d. Engineers who have knowledge or reason to believe
that another person or firm may be in violation of any of
CIVIL ENGINEERING CODE

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.
OF ETHICS

e. 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
 GUILDLINES TO PRACTICE UNDER THE
FUNDAMENTAL CANONS OF ETHICS
f. Engineers should be committed to improving the
environment by adherence to the principles of
CIVIL ENGINEERING CODE

sustainable development so as to enhance the quality of

life of the general public.

CANON 2: Civil Engineers shall perform services only in

areas of their competence.
OF ETHICS

a. Engineers shall undertake to perform engineering

assignments only when qualified by education or
experience in the technical field of engineering involved.
 GUILDLINES TO PRACTICE UNDER THE
FUNDAMENTAL CANONS OF ETHICS
b. Engineers may accept an assignment requiring
education or experience outside of their own fields of
CIVIL ENGINEERING CODE

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.
OF ETHICS

c. Engineers shall not affix their signatures or seals to any

engineering plan or document dealing with subject
matter in which they lack competence by virtue of
education or experience or to any such plan or document
 GUILDLINES TO PRACTICE UNDER THE
FUNDAMENTAL CANONS OF ETHICS
CANON 3: Civil Engineers shall issue public statements
only in an objective and truthful manner.
CIVIL ENGINEERING CODE

a. Engineers should endeavor to extend the public

knowledge of engineering and sustainable
development, and shall not participate in the
dissemination of untrue, unfair or exaggerated
OF ETHICS

statements regarding engineering.

b. Engineers shall be objective and truthful in
professional reports, statements, or testimony. They
shall include all relevant and pertinent information in
 GUILDLINES TO PRACTICE UNDER THE
FUNDAMENTAL CANONS OF ETHICS
c. Engineers, when serving as expert witnesses, shall
express an engineering opinion only when it is founded
CIVIL ENGINEERING CODE

upon adequate knowledge of the facts, upon a

background of technical competence, and upon honest
conviction.

d. Engineers shall issue no statements, criticisms, or

OF ETHICS

arguments on engineering matters which are inspired or

paid for by interested parties, unless they indicate on
whose behalf the statements are made.
 GUILDLINES TO PRACTICE UNDER THE
FUNDAMENTAL CANONS OF ETHICS
e. Engineers shall be dignified and modest in explaining
their work and merit, and will avoid any act tending to
CIVIL ENGINEERING CODE

promote their own interests at the expense of the

integrity, honor and dignity of the profession.

CANON 4: Civil Engineers shall act in professional matters

for each employer or client as faithful agents or trustees,
OF ETHICS

and shall avoid conflicts of interest.

 GUILDLINES TO PRACTICE UNDER THE
FUNDAMENTAL CANONS OF ETHICS
a. Engineers shall avoid all known or potential conflicts
of interest with their employers or clients and shall
CIVIL ENGINEERING CODE

promptly inform their employers or clients of any

business association, interests, or circumstances
which could influence their judgment or the quality of
their services.
OF ETHICS

a. Engineers shall not accept compensation from more

than one party for services on the same project, or for
services pertaining to the same project, unless the
circumstances are fully disclosed to and agreed to, by
 GUILDLINES TO PRACTICE UNDER THE
FUNDAMENTAL CANONS OF ETHICS
c. Engineers shall not solicit or accept gratuities, directly
or indirectly, from contractors, their agents, or other
CIVIL ENGINEERING CODE

parties dealing with their clients or employers in

connection with work for which they are responsible.

d. Engineers in public service as members, advisors, or

employees of a governmental body or department shall
OF ETHICS

not participate in considerations or actions with respect to

services solicited or provided by them or their
organization in private or public engineering practice.
 GUILDLINES TO PRACTICE UNDER THE
FUNDAMENTAL CANONS OF ETHICS
e. Engineers shall advise their employers or clients when,
as a result of their studies, they believe a project will not
CIVIL ENGINEERING CODE

be successful.

f. 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
OF ETHICS

interests of their clients, employers or the public.

g. Engineers shall not accept professional employment

outside of their regular work or interest without the
 GUILDLINES TO PRACTICE UNDER THE
FUNDAMENTAL CANONS OF ETHICS
CANON 5: Civil Engineers shall build their professional
reputation on the merit of their services and shall not
CIVIL ENGINEERING CODE

compete unfairly with others.

a. Engineers shall not give, solicit or receive either

directly or indirectly, any political contribution,
gratuity, or unlawful consideration in order to secure
OF ETHICS

work, exclusive of securing salaried positions through

employment agencies.
 GUILDLINES TO PRACTICE UNDER THE
FUNDAMENTAL CANONS OF ETHICS
b. Engineers should negotiate contracts for professional
services fairly and on the basis of demonstrated
CIVIL ENGINEERING CODE

competence and qualifications for the type of professional

service required.

c. Engineers may request, propose or accept professional

commissions on a contingent basis only under
OF ETHICS

circumstances in which their professional judgments

would not be compromised.
 GUILDLINES TO PRACTICE UNDER THE
FUNDAMENTAL CANONS OF ETHICS
d. Engineers shall not falsify or permit misrepresentation
of their academic or professional qualifications or
CIVIL ENGINEERING CODE

experience.

e. 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
OF ETHICS

shall name the person or persons who may be responsible

for designs, inventions, writings or other
accomplishments.
 GUILDLINES TO PRACTICE UNDER THE
FUNDAMENTAL CANONS OF ETHICS
f. Engineers may advertise professional services in a way
that does not contain misleading language or is in any
CIVIL ENGINEERING CODE

other manner derogatory to the dignity of the profession.

Examples of permissible advertising are as follows:

• Professional cards in recognized, dignified publications,

and listings in rosters or directories published by
OF ETHICS

responsible organizations, provided that the cards or

listings are consistent in size and content and are in a
section of the publication regularly devoted to such
professional cards.
 GUILDLINES TO PRACTICE UNDER THE
FUNDAMENTAL CANONS OF ETHICS
• Brochures which factually describe experience,
facilities, personnel and capacity to render service,
CIVIL ENGINEERING CODE

providing they are not misleading with respect to the

engineer's participation in projects described.

• Display advertising in recognized dignified business and

professional publications, providing it is factual and is
OF ETHICS

not misleading with respect to the engineer's extent of

participation in projects described.
 GUILDLINES TO PRACTICE UNDER THE
FUNDAMENTAL CANONS OF ETHICS
• A statement of the engineers' names or the name of the
firm and statement of the type of service posted on
CIVIL ENGINEERING CODE

projects for which they render services.

• Preparation or authorization of descriptive articles for

the lay or technical press, which are factual and
dignified. Such articles shall not imply anything more
OF ETHICS

than direct participation in the project described.

 GUILDLINES TO PRACTICE UNDER THE
FUNDAMENTAL CANONS OF ETHICS
• Permission by engineers for their names to be used in
commercial advertisements, such as may be published
CIVIL ENGINEERING CODE

by contractors, material suppliers, etc., only by means

of a modest, dignified notation acknowledging the
engineers' participation in the project described. Such
permission shall not include public endorsement of
proprietary products.
OF ETHICS
 GUILDLINES TO PRACTICE UNDER THE
FUNDAMENTAL CANONS OF ETHICS
g. Engineers shall not maliciously or falsely, directly or
indirectly, injure the professional reputation, prospects,
CIVIL ENGINEERING CODE

practice or employment of another engineer or

indiscriminately criticize another's work.

h. Engineers shall not use equipment, supplies, laboratory

or office facilities of their employers to carry on outside
OF ETHICS

private practice without the consent of their employers.

 GUILDLINES TO PRACTICE UNDER THE
FUNDAMENTAL CANONS OF ETHICS
CANON 6: Engineers shall act in such a manner as to
uphold and enhance the honor, integrity, and dignity of
CIVIL ENGINEERING CODE

the engineering profession and shall act with zero

tolerance for bribery, fraud, and corruption.

a. Engineers shall not knowingly engage in business or

professional practices of a fraudulent, dishonest or
OF ETHICS

unethical nature.
 GUILDLINES TO PRACTICE UNDER THE
FUNDAMENTAL CANONS OF ETHICS
b. Engineers shall be scrupulously honest in their control
and spending of monies, and promote effective use of
CIVIL ENGINEERING CODE

resources through open, honest and impartial service with

fidelity to the public, employers, associates and clients.

c. Engineers shall act with zero-tolerance for bribery,

fraud, and corruption in all engineering or construction
OF ETHICS

activities in which they are engaged.

d. Engineers should be especially vigilant to maintain

appropriate ethical behavior where payments of gratuities
 GUILDLINES TO PRACTICE UNDER THE
FUNDAMENTAL CANONS OF ETHICS
e. Engineers should strive for transparency in the
procurement and execution of projects. Transparency
CIVIL ENGINEERING CODE

includes disclosure of names, addresses, purposes, and

fees or commissions paid for all agents facilitating
projects.

f. Engineers should encourage the use of certifications

OF ETHICS

specifying zero tolerance for bribery, fraud, and

corruption in all contracts.
 GUILDLINES TO PRACTICE UNDER THE
FUNDAMENTAL CANONS OF ETHICS
CANON 7: Engineers shall continue their professional
development throughout their careers, and shall provide
CIVIL ENGINEERING CODE

opportunities for the professional development of those

engineers under their supervision.

a. Engineers should keep current in their specialty fields

by engaging in professional practice, participating in
OF ETHICS

continuing education courses, reading in the technical

literature, and attending professional meetings and
seminars.
 GUILDLINES TO PRACTICE UNDER THE
FUNDAMENTAL CANONS OF ETHICS
b. Engineers should encourage their engineering employees
to become registered at the earliest possible date.
CIVIL ENGINEERING CODE

c. Engineers should encourage engineering employees to

attend and present papers at professional and technical
society meetings.
OF ETHICS

d. Engineers shall uphold the principle of mutually

satisfying relationships between employers and employees
with respect to terms of employment including professional
grade descriptions, salary ranges, and fringe benefits.
 PROFESSIONAL RESPONSIBILITY
The standard of practice is for Civil Engineers tobe given
responsibility for studying, conceiving, designing,
observing construction, and assiting in the programming
THE PRACTICE OF CIVIL

for operating and maintaining engineering works. Other

services that are unforeseen initially may be required of
the Civil Engineer during the evolution of a project.
Civil Engineers must always strive to maintain the highest
ENGIEERING

standard of Ethical Professional Practice in their dealing

with Client employers, employees, competitors and the
community.
 CLIENT-CIVIL ENGINEER RELATIONSHIP
I. OBLIGATIONS OF THE CIVIL ENGINEER

1. The Civil Engineer shall perform Scope of

Services as stated in Section 2.
THE PRACTICE OF CIVIL

2. The Civil Engineer shall exercise reasonable skill,

care and diligence in the performance of his obligations.
ENGIEERING

3. The Civil Engineer shall act independently and,

as required by the contract, perform with the necessary
skills and professional judgement, when required to
certify, decide or exercise discretion between the Client
and a third party with whom the client has a contract.
 CLIENT-CIVIL ENGINEER RELATIONSHIP
I. OBLIGATIONS OF THE CIVIL ENGINEER

4. The Civil Engineer is authorized to act as the

Client’s faithful agent when required but only as implied
THE PRACTICE OF CIVIL

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
ENGIEERING

shall give written notice to the Client containing

particulars of the change.
 CLIENT-CIVIL ENGINEER RELATIONSHIP
I. OBLIGATIONS OF THE CIVIL ENGINEER

6. For Specified Staged Services, the Civil Engineer

shall not initiate or proceed with any subsequent stage of
THE PRACTICE OF CIVIL

the Services without the approval of the Client.

7. When required, the Civil Engineer shall direct

and co-operate will all other professionals and integrate
ENGIEERING

their work where applicable into that being undertaken

by the Civil Engineer and other professionals, but shall
not be professionally liable for their work.
 CLIENT-CIVIL ENGINEER RELATIONSHIP
I. OBLIGATIONS OF THE CIVIL ENGINEER

8. The Civil Engineer may recommend specialist

suppliers and/or contractors to design and execute
THE PRACTICE OF CIVIL

certain parts of works, in which case the Civil Engineer

shall co-ordinate the design of such part or parts with the
overall design of the works but he shall be relieved of all
responsibility for the design, manufacture, installation,
ENGIEERING

and performance of any such part or parts of the works.

The Civil Engineer shall not be liable for acts of
negligence, default or omission by such person or
persons.
 CLIENT-CIVIL ENGINEER RELATIONSHIP
I. OBLIGATIONS OF THE CIVIL ENGINEER

9. The Civil Engineer shall notify the client of any

interest the Civil Engineer has which may significantly
THE PRACTICE OF CIVIL

conflict with the interests of the client under their

contract.
ENGIEERING
 CLIENT-CIVIL ENGINEER RELATIONSHIP
II. OBLIGATIONS OF THE CLIENT

1. The client shall pay the Civil Engineer for his

services, the amount of fees and expenses set out in or
THE PRACTICE OF CIVIL

determined in their Agreement.

2. The Client shall provide the Civil Engineer within

reasonable time( that does not result in delay to the
ENGIEERING

provision of the service), 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-CIVIL ENGINEER RELATIONSHIP
II. OBLIGATIONS OF THE CLIENT

3. The Client shall cooperate with the CE and shall

not interfere with or obstruct the proper performance of
THE PRACTICE OF CIVIL

the service.

4. The client shall, as soon as practicable, make

arrangements to enable the CE to enter the site and inspect
ENGIEERING

facilities needed in the performance of his service.

5. The client shall arrange for the provision of

services from other professionals or others as may be
required and bear all costs.
 CLIENT-CIVIL ENGINEER RELATIONSHIP
II. OBLIGATIONS OF THE CLIENT

6. When the CE is required to administer the work of

other professionals or other third parties who are directly
THE PRACTICE OF CIVIL

contracted by the client or when the CE is required to act

as Engineer-to-the Contract fir any contract on behalf of
the client then all instructions by he client shall be given
though the CE.
ENGIEERING

7. When aware of any matter which will change or has

changed the scope of the CE’s services, the client shall
notify in writing within 7 days the CE containing, as far as is
practicable, the particulars of the change.
 CLIENT-CIVIL ENGINEER RELATIONSHIP
III. LIABILITY OF THE CIVIL ENGINEER AND THE CLIENT

• The CE shall only be liable to pay damages to the client

arising out of or in connection with their agreement if a
THE PRACTICE OF CIVIL

breach of duty of care is established against the CE.

• The Client shall only be liable to pay damages to CE if

the breach of the client’s duty to the CE is established
ENGIEERING

against the client.

• Resolution of any conflict arising from the agreement

between the CE and client shall be done by giving
preference to the process of arbitration.
 CLIENT-CIVIL ENGINEER RELATIONSHIP
IV. SUSPENSION OR TERMINATION OF SERVICES

The Client may suspend all or part of the service or

terminate the agreement by written notice of not less than
THE PRACTICE OF CIVIL

30 days to the CE who shall immediately make

arrangements to stop the services and minimize futher
expenditures.
ENGIEERING

The CE by written notice of not 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 of the service.
 • Design, consultations • Construction • Preliminary and final
and advice administration and design, drawing,

CIVIL ENGINEERING SERVICES

observation specification and
• Assessment of risks • Expert Testimony construction bidding
documents
• Feasibility studies • Arrangements for or • Structural remediation
performance of testing or rehabilitation
• Value Engineering of materials and
equipment • Teaching
THE PRACTICE OF CIVIL

• Field investigation and • Assistance in start-up.

engineering data Assessment of capacity • Project Management
collection and operation of and controls
facilities
• Environment • Preparation of operation • Provision of
ENGIEERING

assessment, impact and maintenance supplemental temporary

statements or manuals staff
Engineering reports
• Opinions of probable • Appraisals and rate • Assistance in securing
construction cost studies construction bids and in
awarding contracts.
 SPECIALIZATION IN CIVIL ENGINEERING
• STRUCTURAL ENGINEERING
• GEOTECHNICAL ENGINEERING
• WATER RESOURCE ENGINEERING
• TRANSPORTATION ENGINEERING
THE PRACTICE OF CIVIL

• CONSTRUCTION MANAGEMENT AND ENGINEERING

• ENVIRONMENTAL ENGINEERING*
ENGIEERING

Structural
Engineering

Construction
Engineering
 Next lesson…..
CE LAWS, ETHICS AND

• Classification of Engineering Services.

• Selection of the Civil Engineer.
• Charging for Civil Engineering Services.
CONTRACTS

• Total Project Cost.