CIVIL ENGINEER CONTRACT

The statements under the title “ARCHITECT CONTRACT” to a large extent are also valid for a “CIVIL ENGINEER CONTRACT.” Even though the areas of activity in both professions vary from each other in part, they are very similar in a legal sense.

The broad consistency was expressed in the explanations on an architect contract through the parenthetical “planner” reference after the term “architect” and it thus justifies only a brief summary on the civil engineer contract as follows:

Definition

  • Civil engineer contract = The civil engineer shall undertake to provide – rather more technical-functional – services with a focus on those from civil engineering, such as supporting structure and static loads using planning, project planning, project and construction management as well as consulting and expert opinion engineering.

Fundamentals

  • Laws
  • Expert standards
  • SIA standards work
    • SIA order 103 (order for services and fees of civil engineers)
  • Technical expert standards

Contract fulfilment

Senior supervisor for civil engineering

  • Construction draft
  • Project planning of supporting structure (SIA standard 103 article 2.4)
  • Construction management

Civil engineer for sub-services on underground construction

  • Consulting
  • Draft design
  • Construction cost estimate / expense costs calculation
  • Construction planning
  • Awarding work to craftsmen
  • Construction coordination
  • Construction supervision
  • Construction approval
  • Construction accounting
  • Supervising improvements / defects correction
  • Representation
  • Construction expert opinion

Specialist or expert in structural engineering

  • Consulting
  • Supporting construction draft
  • Construction supervision (technical-functional aspects)
  • Construction approval
  • Construction expert opinion (senior supervisor of the execution engineer(s))

Test engineer

  • Supervises the project planning of the commissioned engineer

Structures of the civil engineer contract

  • The structures of a civil engineer contract are the same as the architecture contract in factual and legal respect for which reason the same rules are to be applied.

Qualification problem

  • Also in the civil engineer contract, the qualification problem of legal attribution of the (overall contract) exists as in the architecture contract.
  • It has to do with whether for the individual services or service elements in an overall contract the elements of contract law nature (OR 394 ff.) or the elements of work contract law nature (OR 363 ff.) are applied.

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