Engineering Laws, Contracts and Ethics - Autosaved
Engineering Laws, Contracts and Ethics - Autosaved
Engineering Laws, Contracts and Ethics - Autosaved
BY:
CECILIA M. CRUZ
Agricultural engineering
C. JUDGEMENT:
E. PERSONALITY
1. Personal appearance
2. Punctuality
3. Attention to business
4. Concentration
5. Collaboration
BIAS
1. Influence of special knowledge
2. Influence of personal experience
3. Influence of local experience
4. Influence of personal interest
5. Influence of association
BUSINESS AND FINANCE IN ENGINEERING
1. Economic worth
2. Economic management
3. Economic expediency
4. Economic selection
PROFESSIONAL IMPROVEMENT
•The engineer must acquaint himself with the ideas and
activities of others.
•Young engineer mingle with other engineers and compare
his ideas.
•He should as soon as possible associate himself with
technical societies before which problems of engineering
which he is particularly or generally interested are
discussed.
•He should listen to or read the papers and discussions of
others.
AGRICULTURAL ENGINEERS AT WORK
1. ADMINISTRATION
2. PLANNING AND DESIGN
3. CONSTRUCTION AND INSTALLATION
4. PRODUCTION AND OPERATION
5. SALES AND CONSULTING
6. RESEARCH AND DEVELOPMENT
7. TEACHING
PERSONAL AND ETHICAL RELATIONS
Professionalism
Engineering professionalism embodies not only the
technical mastery of certain skills and a body of knowledge,
but also a firm commitment to use that knowledge and
skills economically and sustainably for the progressive well
being of the society – referred to as a commitment to the
public interest.
Professional engineering ethics can be divided into two
categories:
1. Honesty
2. Integrity
3. Transparency
4. Accountability
5. Confidentiality
6. Objectivity
7. Respectfulness
8. Obedience to the law
THE USE OF ENGLISH IN THE ENGINEERING
PROFESSION
1. Non-technical readers
2.Technical readers
3. Supervisors and assistants
4. Contracts and specifications
C. THE HEARER OR READER
The knowledge and capacity of those to whom written or
spoken language is addressed is an important element to
be considered in the preparation of articles, reports, or
addresses. Papers on technical subjects must therefore be
written with the capacity of the reader in view.
In the written of contracts and specifications, which in the
execution of the work must usually be interpreted by men
of varying capabilities and which may be, and frequently
are, subject to interpretation of the court, the words
should be as carefully chosen to express the exact
meaning.
D. KNOWLEDGE OF SUBJECT
Accurate and complete knowledge requires study,
application, efforts and reflection, knowledge of spelling,
punctuation, grammar, rhetoric and composition, and even
a broad experience in writing of technical English will not
compensate for lack knowledge of the subject matter.
Knowledge of the subject is fundamental to success and
indispensable for clear technical exposition. Knowledge of
spelling, punctuation, grammar, rhetoric, composition, and
the meaning of the words, both common and technical, is a
secondary consideration but very important.
E. LOGICAL ARRANGEMENT
•The arrangement of the entire subject is logical order both
as regards main features and subordinates factors.
•The discussion of each feature and each subordinate
factor is a connected manner but at the same time so
distinct and separate as to define accurately to the mind of
the reader its relative importance and its modifying effects
on the entire subjects.
F. OUTLINE
In preparation of the outline, following questions are to be
considered:
1.What ideas are to be developed?
2. What factors are to be presented?
3. What order of presentation will be the best and most
logical and will most easily convey the meaning?
G. STYLE
The careful choice of words, the accurate use of technical
terms, correct grammatical construction, logical
arrangement of ideas, clear method of expression, the
presentation of the matter in an attractive manner are all
desirable to secure and hold the attention of the reader
and to convey the meaning clearly. Poor spelling, improper
punctuation, ungrammatical construction, and involved
language draw the attention to subordinate matters and
lead the reader to surmise that the conclusions presented
may be erroneous as the form in which they appear.
Simplicity in language when practicable, results in the
highest efficiency in comprehension.
H. THE CHOICE OF WORDS
2. EMPLOYMENT LETTER
The purpose of the employment application letter is to
induce the recipient to offer the applicant employment if
any for which he is suited is available.
3. APPLICATION LETTER
•Implied contracts
- are inferred from the facts and circumstances of the
case or the conduct of the parties. However, such contracts
are not formally or explicitly stated in words. The law
makes no distinction between contracts created by words
and those created by conduct.
2. As to obligation status
•Bilateral contract
- a contract which requires agreement and performance from
both parties to the contract. Most of what we think of as contracts
are bilateral in nature. One party promises to do X and the other
party promises to do Y. Bilateral contracts may not require
negotiation but often this is a component.
•Unilateral contract
- involves a promise that is made by only one party.
3. As to participants
•Two-party contract
- contract between two entities. The most common is when a
person buys goods or services.
•Joint contract
-type of oral or written agreement in which two or
more parties on one side of the agreement consent to be
responsible for something as a collective unit, rather than
as individuals. Joint contracts are frequently formed when
multiple parties promise to be jointly liable for performing
certain duties and obligations, such as repaying outstanding
debts or delivering goods and services.
•Several contracts
-two or more persons enter to a contract as a
promisory but keep their liabilities more or less separate.
• Joint and several contracts
-always entail multiple promises for the same
performance. Two or more parties to a contract who
promise to the same promise that they will give the same
performance are regarded as binding themselves jointly,
severally, or jointly and severally
4. As to form
•Contract under seal
- Traditionally, a contract was an enforceable legal
document only if it was stamped with a seal. The seal
represented that the parties intended the agreement to
entail legal consequences.
•Contract of record
-A contract that is declared by a court and entered into
the court's record is known as a contract of record.
Contracts of record generally include judgments and
recognizences.
•Valid contract
- A contract that complies with all the essentials of a
contract and is binding and enforceable on all parties .
5. As to legal status
•Void contract
- void contract imposes no legal rights or obligations upon
the parties and is not enforceable by a court. It is, in effect, no
contract at all.
•Voidable contract
- A voidable contract is a legally enforceable agreement, but it
may be treated as never having been binding on a party who was
suffering from some legal disability or who was a victim of fraud at
the time of its execution. The contract is not void unless or until the
party chooses to treat it as such by opposing its enforcement. A
voidable contract may be ratified either expressly or impliedly by the
party who has the right to avoid it.
• Unenforceable contract
6. As to completion status
•Executory contract
- one in which some future act or obligation remains to be
performed according to its terms.
•Executed contract
- is one in which nothing remains to be done by either party.
The phrase is, to a certain extent, a misnomer because the
completion of performances by the parties signifies that a contract no
longer exists.
Essential Characteristics of Contracts
1. Relativity of Contracts
2. Obligatory force of Contracts
3. Autonomy of Contracts
4. Mutuality of Contract
Competency
1. Infants
2. Persons of Unsound Mind
3. Drunken Person
4. Persons under Legal Guardianship
5.Corporations
6. Convicts
7. Enemy Aliens
8. Federal and State Government
9. Foreign Countries and their Sovereigns-
10.Professional Persons
Mutual Agreement
1. Offer and Acceptance Identical
2. Time of Acceptance
3. Method of Acceptance
4. Revocation
5. Fraud
6. Misrepresentation
7. Duress
8. Undue Influence
There must be a Lawful and Sufficient Valuable
Considerable
1. Definition. A good consideration is one based on love,
affection or blood relationship and is founded on generosity
or natural duty.
2. What constitutes a Valuable Consideration. To constitute
a valuable consideration a person must give up, or promise
to give up some legal rights as a promise not to sue or
promise to extend the time of payment of a note, in
exchange for some other things of value.
3. Gift. A mere promise of a thing of value is simply a
promise of a gift as it is not something of value given in
return.
4. Sufficient of Consideration. When a contract is founded
on a valuable consideration, the courts will not inquire into
the sufficiency of the consideration
Legal Requirements as to Form
Negotiable instruments consist primarily of
promissory notes, bills of exchange, bank draft, and bank
checks. These in general must be in writing and must
include the signature of the maker or drawer and
unconditional promise to pay a fixed some of money.
Penalties and Liquidated Damages
In case of breach of contract, the party aggrieved
may collect from the other party a certain specified amount
as liquidated damages or simply damages. The court will
effect to the intention of the parties provide the amount
stated is liquidated damages and not penalty.
Discharge of Contracts
1. Discharge of Performance
2. Impossibility of Performance
3. Substantial Performance
4. Discharge by Operation of Law
5. Discharged of Operation of Law
6. Discharged by Branch of Contract
7. Discharged by Statute of Limitations
1. Alternate Bids
2. Modifications of requirements
3. Adjustments; and
4. Betterment
4. Standard Specifications
1. General Provisions
2. Technical Section- is concerned with the provisions:
a. Testing and selection of the needed materials
b. The prosecution of the construction itself
c. Requirements necessary for the completion of the work
5. Plans- these takes the form of drawings, reproduction of
drawings, details of construction, sketches, and other
submitted by the contractor.
D. Restricted Lettings
14. The contractor should have the right, at his option, to stop
the work and terminate the contract, after reasonable notice, for
any of the following causes:
a. Should the work be stopped for an extended period of
time by a court order if the cause is no fault of the contractor or
any of his employees.
b. If certificates of for partial payments are not issued in
accordance with the terms of the contract.
c. If partial payments are not made with reasonable
promptness when due under the terms of the contract.
d. If the owner refuses to permit the contractor to
start the work within a reasonable time after the signing of
contract or if the owner causes the work to be stopped for
an excessive period of time after it has been started.
15. The contractor should not be liable for losses cost by an act of God
or a public enemy unless required by the contract to produce insurance
against these contingencies.
16. The time allowed for the completion of the work should be based
on “whether-working” days, and extra time should be allowed for
repairing damages caused by natural events beyond the control of the
contractor.
18. The price or method of establishing the price to be paid for extra
work or the deduction to be made for the work not required should be
set forth in complete detail in the contract.
19. It is impossible to foresee every contingency, and some procedure
must be set up whereby difficulties due to an expected physical
condition may be met and unforeseen contract ambiguities resolved
without the necessity for writing a complete new contract.
21. The contract may stipulate that the engineer is the arbiter in
questions of interpretation of plans and specifications and execution
of the work.
9. When all bids are rejected, new bids should not be requested
on the same plans and specifications without readvertisement.
A. Purpose of Advertisement
The purpose of the advertisement is to bring the
proposed letting to the notice of manufacturers, contractors,
or other who may be interested in such work in order that
suitable competition may be secured.
B. Nature of Advertisement
The advertisement should clearly state what is to be
done. It should explain where, when, by whom, and for
what, proposals are to be received.
C. Formalities
Various formalities in regard to the letting of contract for
public works have been made mandatory by legislation in order
to assure, to as great an extent possible, the eliminations of
fraud in such letting.
D. Time Allowed
Ample time should be allowed, from the time of advertising
to the tome at which proposals are to be received, for the
bidders to make the necessary investigation on which to base an
intelligent proposal. The time necessary will depend on the
accessibility of the work and on its character and extent.
E. Instruction to Bidders
Instructions to bidders are prepare to supplement the
advertisement, and should contain the directions for the
preparations of proposals and prescribed such formalities as
may be required in their presentation.
F. Form of Proposal
• When the work being undertaken is simple and the bid is a
lump some for the entire work, a special proposal form is not
essential, although even then it adds greatly to the facility
which bids may be examined and compared.
G. Receiving and Opening Bids
• In public lettings, bids should be received up to a given hour,
and any bid switch any offered after that hour should be rigidly
included. Bids should be sealed and should have the name and
address of the bidder of the envelope in order that they may be
returned an open if such necessary should rise.
H. Letting the Work
• I letting the work, various considerations may influence those
who have the matter in charge. The lowest and the best bid
should always be selected. Otherwise, personal prejudice is an
important factor in judgment which the engineers endeavor to
eliminate from his own decisions.
CONTRACT DOCUMENTS
F. Advertisement
2. Definition
II. DEFINITIONS- it is have rather inexact meaning when
used in ordinary conversation and it is desired to give
them precise meanings for the purpose of the contract.
3. Requirements and Financial Protection
III. CONTRACT SECURITY- it is usually furnished in a
form of bond.
IV. INSURANCE- the responsibility for obtaining and
paying for insurance is divided between the owner and the
contractor.
V. UNEMPLOYMENT COMPENSATION AND
SOCIAL SECURITY- the contractor neglect to comply with
unemployment compensation and social security loss,
there would be a liability which might become the
responsibility of the owner.
VI. PATENTS, ROYALTIES, and PERMITS- a
considerable amount of permit and patents right for a project.
VII. DAMAGE AND LIENS- it is hope that no damage
will occur on a project and that no liens will be filled,
experience indicates that one or both these situations occur
with enough frequency to make it desirable.
4. Reports and Payments
PREPARATION OF SPECIFICATIONS
Meaning of specifications:
B. Contains:
Specifications contain information to be used for bidding
requests, contract forms, ordering of materials and budgeting of
the project. Any information that cannot be included in the
working drawings such as legal responsibilities, method of
purchasing, insurance and bond requirements may also be
included in the specifications.
C. Specifications can be written several different ways:
D. Uses
1. Machinery
2. Supplies of materials to be furnished
3. Work to be done in a contract
Technical specifications are tools where engineers show:
•How clear and exactly he/she can describe the essential and
practicable of the qualities of the work and materials
needed.
•How fair and just she will be in treating contracting.
•How well he/she can protect the owner.
1. Materials
2. Processes
3. Design
4. Construction
5. Cost
Responsibility of the Agricultural Engineer:
•Title
- the title of the drawing.
•Name
- the name of the person who produced the drawing.
•Checked by
- in many engineering firms, drawings are checked by
second person before they are sent to manufacture, so
that any potential problems can be identified.
•Version
- many drawings will get amended over the period of the
life.
•Date
-the date of the drawing was created or amended on.
•Scale
- scale of the drawing to provide a quick guide to the final
•Projection system
-used to create the drawing should be identified to help
people read the drawing.
•Company Name
- many CAD drawings may be distributed outside the
company so the company name usually added to identify the
source.
Writing Specifications
Fairness
To achieve fairness, one should avoid the following:
1. Indefinite Specifications
2. Intermediate Specifications
3. Ambiguous / unnecessary Specifications
4. Arbitrary Specifications
5. Unfair Specifications
Clearness
To achieve Clearness/Clarity the engineer should:
•Architectural
•Civil
•Structural
•Mechanical
•Electrical
In preparing technical specifications, the specified relies heavily
on background information developed from years of experience.
This information is recorded in:
C. OUTLINE
The outlines should be sufficient complete to cover all
ordinary conditions and requirements, and in their use, they
should be carefully scrutinized to see that they include every
item necessary for each particular case
D. THE USED OF PUBLISHED SPECIFICATIONS
A well and properly written specification will seldom
apply in detail to other than the work for which it is prepared:
and in their use, and the use of such specifications of entirely
different work, under radically different conditions, and without
careful initial study and consideration of their application in
detail, can lead only to unsatisfactory results and is inexcusable.
E. DETAILED SPECIFICATIONS
Some cases where detailed plans and specifications are
supplied:
•It may desirable to ask the manufacturers or expert
contractors
•Its special experience
•To submit bids not only on the engineer’s plans and
specifications but also on special plans and specifications.
•Embodying their own ideas and practices
G. MODIFICATIONS OF REQUIREMENTS
In the preparation of specifications especially for public
work, it is important that provisions should be made for making
such modifications in the methods and materials to be used as
will probably required. Any modification by the engine in the
strict requirements of the specifications may subject him to
severe, although possibly unwarranted criticism.
J. RESPONSIBILITY
It is frequently better to purchase a standard article from
a manufacturer of known reputation, from whom the engineer
knows he can secure a machine which will give certain well-
known results, than to purchase a similar article under unusual
guarantee from unknown parties and then have to forego the
testing of the article because of the expense involve.
K. STANDARD SPECIFICATION
The standard specification and its equipment are usually
widely known to manufacturers and contractors, and the cost
of the materials, as subject to such specification, is readily
determined. Standard forms and technical specifications from
the American Institutes of Architects, Construction Specification
Institute, and Associate General Contractors.
Division 3. Concrete
Includes most materials traditionally associated with
concreter work. Exceptions: Paving, piles, waterproofing,
terrazzo.
Division 4. Masonry
Includes most materials traditionally installed by
masons. Exceptions: paving, interior flooring.
Division 5. Metals: Structural and Miscellaneous
Included most structural metals and those metals not
falling under the specific provisions of other divisions.
Exceptions: reinforcing steel, curtain walls, roofing, piles,
concrete formwork, doors and windows.
Division 6. Carpentry
Includes most work traditionally performed by
carpenters. Exceptions: wood fences, concrete formwork, doors
windows and finish hardware.
Division 9. Finishes
Includes interior finishes not traditionally the work of the
carpenter try trade.
(a) at least thirty years of age on the date of approval of this Act,
are holders of the degree of Bachelor of Science in Agricultural
Engineering conferred by a school, institute, college or university
duly recognized by the Government, and had practised agricultural
engineering for a period of not less than six years prior to such date;
(d) at least thirty years of age on the date of the approval of this
Act and are holders of a certificate of membership of a duly
recognized agricultural engineering society in foreign country like the
American Society of Agricultural Engineers and the Institution of
Agricultural Engineers of the United States of America and the United
Kingdom, respectively: Provided, That such certificate was granted
upon compliance with the requirements similar to those prescribed
in this Act and that the same privilege is granted to citizens of the
Philippines desiring to practice agricultural engineering in said
Section 17. Issuance of certificate. — The Board shall, upon
payment of the corresponding fee, issue a certificate of
registration to any applicant who passed the examination
provided for in this Act, or who, in the opinion of the Board,
possesses the qualifications prescribed in the preceding section.
Every certificate of registration shall show the full name of the
registrant or holder, shall have serial number, shall be signed by
the chairman of the Board and attested by its Secretary, and shall
be authenticated by its official seal.
(c) Insanity;
(a) Any person who, not exempt from registration under this Act, shall
engage in the practice of agricultural engineering or represent himself as an
agricultural engineer without holding a valid certificate of registration
issued to him in accordance with this Act.
(b) Any person shall present or use as his own the certificate of
registration issued to another person under this Act.
(c) Any person who shall give any false or forged evidence to any member
thereof for the purpose of obtaining a certificate of registration under this
Act.
(d) Any person who shall use a revoked or suspended certificate of
registration.
(e) Any person, who without a valid certificate of registration issued under
this Act, shall assume, use or advertise in connection with his name any title
or description tending to convey the impression that he is an agricultural
engineer registered under this Act.
Section 29. Separability clause. — If any provision of this Act
or the application of such provision to any person or
circumstances is declared invalid, the reminder of the Act or the
application of such provisions to other persons or
circumstances shall not be affected by such declaration.
Section 31. Effectivity. — This Act shall take effect upon its
approval.
The Board shall be organized not later than six (6) monthsfrom
the effectivity of this Act.
SEC. 5. Qualifications of Members of the Board. – A member of the
Board shall, at the time of their appointment, possess the following
qualifications:
f) Must not, for a period of three (3) consecutive years prior to the
appointment, be connected with a review center or any group or
association where review classes or lectures in preparation for
the licensure examination are offered or conducted at the time of
appointment; and
a) Neglect of duty;
m)To prepare, adopt, issue or amend the syllabi of the subjects for
examinations;
SEC. 11. Annual Report. – The Board shall, at the close of each
calendar year, submit an annual report to the President through the
Professional Regulation Commission giving a detailed account of its
proceedings and accomplishments during the year and making
recommendations for the adoption of measures that will upgrade
and improve the conditions affecting the practice of agricultural
engineering in the Philippines.
ARTICLE IV
EXAMINATION, REGISTRATION AND LICENSE
The Board shall formulate, adopt and promulgate all necessary rules
and regulations for the effective implementation of the provisions
relating to the design of the seal, the signing and sealing of drawings,
reports and other documents by agricultural engineers.
d) Drawings and specifications duly signed, stamped or sealed as
instruments of service are the property and documents of the
agricultural engineer, whether the projects for which they were made
is executed or not. No person, without the written consent of the
agricultural engineer or author of said documents, shall duplicate or
make copies of said documents for use in the repetition of and for
other projects or buildings, whether executed partly or in whole.
SEC. 25. Practice not Allowed for Firms and Corporations. – The
practice of agricultural engineering is a professional service,
admission to which shall be determined upon the basis of an I
individuals personal qualifications.
SEC. 26. Integration of Agricultural Engineers. – The
agricultural engineering profession shall be integrated into one
(1) national organization which shall be recognized by the Board
and by the Commission as the one and only integrated and
accredited association of agricultural engineers. An agricultural
engineer duly registered with the Board shall automatically
become a member of the integrated and accredited association
of agricultural engineers, and shall receive the benefits and
privileges appurtenant thereto upon payment of the required
fees and dues. Membership in the integrated and accredited
association shall not be a bar to membership in other
associations of agricultural engineers.
SEC. 27. Foreign Reciprocity. – No foreign agriculturalengineer shall be
issued a temporary license to practice the agricultural engineering
profession or consultancy thereof or be entitled to any of the rights and
privileges under this Act unless the country of which he is a subject or
citizen specifically permits Filipino agricultural engineers to practice within
its territorial limits on the same basis as the subjects or citizens of such
foreign state or country.
SEC. 28. Funding. – Such sums as may be necessary to carry out the
provisions of this Act shall be included in the General Appropriations Act of
the year following its enactment into law.
SEC. 34. Repealing Clause. – All laws, decrees, executive orders and
other administrative issuances and parts thereof which are inconsistent
with the provisions of this Act are hereby modified or superseded.
Republic Act No. 3927 is hereby repealed.
SEC. 35. Effectivity. – This Act shall take effect fifteen (15) days
following its publication in the Official Gazette or in a major daily
newspaper of general circulation in the Philippines, whichever comes
first.