ICE Conditions of Contract by Brian Eggleston

By Brian Eggleston

The ICE stipulations is still the dominant type of agreement for civil engineering, regardless of the turning out to be significance of the recent Engineering agreement. The 7th version of the ICE stipulations, released in 1999, brought a couple of adjustments, including:.? incorporating the various recommendations of the Latham Report.? amending yes provisions of the 6th version which had attracted criticism.? rectifying conspicuous omissions from the textual content of previous versions of the contract.? correcting small error and faults from the former edition.? modernising definite provisions and phrases. Brian E. learn more... Contents; Preface; Notes at the textual content; 1 advent; 2 Definitions, interpretation and notices; three The engineer and engineer's consultant; four task and subcontracting; five agreement files; 6 Contractor's obligations/responsibilities for layout and building; 7 type of contract and function protection; eight website stipulations and sufficiency of smooth; nine directions and impossibility; 10 Programmes and techniques of development; eleven Supervision, setting-out and protection; 12 Care of the works and insurances; thirteen Statutes, highway works, amenities and fossils; 14 fabrics and workmanship. 15 Suspension of work16 ownership of the location, graduation and fee of development; 17 Extensions of time and liquidated damages for hold up; 18 of entirety; 19 amazing works and defects; 20 adaptations; 21 Claims and extra funds; 22 estate and fabrics; 23 size of the works; 24 Provisional sums and top expense goods; 25 Nominated subcontractors; 26 certificate and funds; 27 Defaults and resolution; 28 S

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Taking clause 1(1)(v) on its own, the definition of the site cannot be construed as restricted to land provided by the employer ± under the final part of the clause it could, for example, include land acquired by the contractor as the site compound or for storage purposes. 12 Contractor's equipment Clause 1(1)(w) states what is meant by `Contractor's Equipment'. In short it is anything required to construct and complete the works excluding materials and things intended to form part of the permanent works.

The majority of legal actions against engineers used to relate to design failures or the consequences of poor or late design information in exposing the employer to claims for delay and extra cost. Actions relating to inadequate supervision of the works, usually a side effect of actions by the employer against the contractor for faulty construction, probably ranked next in the engineer's risk list. Actions by the employer against the engineer in his role as contract administrator or certifier were comparatively uncommon.

And, since the engineer will by one means or other be engaged by the employer, it is questionable what function such a directive has in the contract between the employer and the contractor. 1 above apparently suggests. An alternative explanation is that the employer warrants to the contractor that the engineer will perform properly and that failure by the engineer to do so will be a breach for which the employer accepts liability. In respect of certain duties of the engineer the Conditions do expressly provide for the employer to recompense the contractor for delay and cost caused by late performance of the engineer ± for example under clause 7(4)(a) delay in issue of drawings, and under clause 14(8) delay in consent to proposed methods of construction.

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