By Brian Eggleston
The ICE stipulations remains to be the dominant kind of agreement for civil engineering, regardless of the transforming into significance of the recent Engineering agreement. The 7th variation of the ICE stipulations, released in 1999, brought a few alterations, including:.? incorporating many of the recommendations of the Latham Report.? amending definite provisions of the 6th version which had attracted criticism.? rectifying conspicuous omissions from the textual content of past variants of the contract.? correcting small error and faults from the former edition.? modernising yes provisions and phrases. Brian E. learn more... Contents; Preface; Notes at the textual content; 1 creation; 2 Definitions, interpretation and notices; three The engineer and engineer's consultant; four project and subcontracting; five agreement files; 6 Contractor's obligations/responsibilities for layout and building; 7 kind of contract and function safeguard; eight web site stipulations and sufficiency of gentle; nine directions and impossibility; 10 Programmes and strategies of building; eleven Supervision, setting-out and security; 12 Care of the works and insurances; thirteen Statutes, road works, amenities and fossils; 14 fabrics and workmanship. 15 Suspension of work16 ownership of the location, graduation and expense of development; 17 Extensions of time and liquidated damages for hold up; 18 finishing touch; 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 leading expense goods; 25 Nominated subcontractors; 26 certificate and funds; 27 Defaults and resolution; 28 S
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Additional info for ICE Conditions of Contract
Example text
In the case of Amec Civil Engineering and Alfred McAlpine Construction v. Cheshire County Council (1999) it was said that there was no authority `touching directly on the relevance of insurance proceeds to the determination of a fair and reasonable sum'. In that case, which concerned a contract under ICE Fifth edition Conditions, the employer and the joint venture contractors entered into an agreement for acceleration of the works on general terms that the contractors would be paid their costs for using their best endeavours to complete the works by a particular date.
It concludes with the proviso that if it is considered necessary to give an oral instruction the contractor shall comply. The purpose of the proviso is probably to prevent the contractor from insisting on an instruction in writing in situations requiring immediate action. It is questionable if it takes away the contractor's right to a written instruction in less urgent circumstances. The test is in the words `considered necessary'. Although it is probably the intention of the clause that all instructions shall be in writing it does not actually say so and, if anything, it establishes a three tier rule: .
The consequences of this can be troublesome. For instance, if the person named as engineer tells the contractor that the employer will not be deducting liquidated damages for late completion, that will not bind the employer if done in the role of engineer but it may bind the employer by estoppel if done in the role of employer's agent. If clause 2(1)(c) does nothing else it does at least draw attention to the problem. Giving of consent and approvals Clause 2(1)(d) is a new clause which provides that the giving of any consent or approval by or on behalf of the engineer shall not relieve the contractor of any of his obligations nor of his duty to ensure correctness and accuracy.