The ICE Conditions of Contract

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ISBN: 9780632051960 | 0632051965
Cover: Hardcover
Copyright: 8/22/2001

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The ICE Conditions continues to be the dominant form of contract for civil engineering, despite the growing importance of the New Engineering Contract. The Seventh Edition of the ICE Conditions, published in 1999, introduced a number of changes, including: ? incorporating some of the concepts of the Latham Report ? amending certain provisions of the Sixth Edition which had attracted criticism ? rectifying conspicuous omissions from the text of earlier editions of the contract ? correcting small errors and faults from the previous edition ? modernising certain provisions and terms Brian Eggleston, whose previous book on the ICE Conditions was described as 'likely to become the authoritative reference source for the Sixth Edition', examines the contract clause by clause from a practical and legal viewpoint. There is extensive coverage of case law. Written by an experienced civil engineer and recognized authority on construction contracts, this book is an essential guide.

Preface

Notes on the text

Introduction

(6)

Publication

(1)

Policy

(2)

Changes from the Sixth edition

(2)

Major areas of interest

(2)

Definitions, interpretation and notices

(19)

Introduction

(1)

Identification definitions

(2)

Contract documents

(3)

Financial definitions

(2)

Prime cost items and provisional sums

(1)

Nominated subcontractors

(1)

Works definitions

(1)

Commencement and completion definitions

(1)

Defects definitions

(1)

Sections and parts of the works

(1)

The site

(1)

Contractor's equipment

(1)

Interpretative rules

(1)

Cost

(4)

Communications

(1)

Notices

(1)

The engineer and engineer's representative

(16)

Introduction

(2)

Duties and authority of the engineer

(3)

Engineer to be named and chartered

(1)

Engineer's representative

(1)

Delegation by the engineer

(3)

Assistants

(2)

Instructions

(1)

Impartiality

(3)

Assignment and subcontracting

(14)

Introduction

(1)

Assignment and subcontracting generally

(2)

Novation, assignment and subcontracting distinguished

(2)

Collateral contracts and warranties

(1)

Assignment in the Seventh edition

(2)

Third party rights

(1)

Subcontracting in the Seventh edition

(6)

Contract documents

(16)

Introduction

(1)

Construction of contracts

(1)

Explanation and adjustment of documents

(3)

Supply and copyright of documents

(1)

Further drawings, specifications and instructions

(3)

Delay in issue of further information

(3)

Documents to be kept on site

(1)

Permanent works designed by the contractor

(1)

Responsibility for contractor designed works

(2)

Contractor's obligations/reponsibilities for design and construction

(13)

Introduction

(1)

Design obligations, responsibilities and liabilities

(4)

Contractor's general obligations

(1)

Design responsibility

(2)

Responsibility for site operations

(5)

Form of agreement and performance security

(8)

Introduction

(1)

Form of Agreement

(3)

Performance security

(1)

ICE Form of Default Bond

(1)

Cost of the bond/ non-provision of bond

(1)

Dispute resolution upon security

(2)

Site conditions and sufficiency of tender

(20)

Introduction

(7)

Provision and interpretation of information

100

(3)

Inspection of the site

103

(2)

Basis and sufficiency of tender

105

(1)

Adverse physical conditions and artificial obstructions

106

(7)

Instructions and impossibility

113

(15)

Introduction

113

(1)

Instructions generally

114

(2)

Impossibility generally

116

(7)

Work to be to the satisfaction of the engineer

123

(1)

Mode and manner of construction

124

(1)

Delay and extra cost

125

(3)

Programmes and methods of construction

128

(11)

Introduction

128

(1)

Programmes and method statements generally

129

(4)

Clause 14 programmes

133

(2)

Clause 14 method statements

135

(4)

Supervision, setting-out and safety

139

(9)

Introduction

139

(1)

Contractor's superintendence

139

(2)

Removal of contractor's employees

141

(1)

Setting-out

142

(3)

Boreholes and exploratory excavations

145

(1)

Safety and security

145

(3)

Care of the works and insurances

148

(16)

Introduction

148

(1)

Risks and insurances generally

149

(4)

Care of the works

153

(4)

Insurance of the works

157

(1)

Damage to persons and property

158

(3)

Third party insurance

161

(1)

Accident or injury to work people

161

(1)

Evidence and terms of insurance

162

(2)

Statutes, street works, facilities and fossils

164

(13)

Introduction

164

(1)

Notices and fees

164

(4)

New Roads and Street Works Act 1991

168

(2)

Patent rights and royalties

170

(1)

Interference, noise and pollution

171

(1)

Damage to highways

172

(1)

Facilities for other contractors

173

(2)

Fossils

175

(1)

Clearance of site

175

(1)

Returns of labour and equipment

176

(1)

Materials and workmanship

177

(13)

Introduction

177

(1)

Materials and workmanship generally

177

(4)

Quality of materials and workmanship

181

(2)

Access to site

183

(1)

Examination of work

184

(2)

Removal of unstisfactory work and materials

186

(4)

Suspension of work

190

(10)

Introduction

190

(1)

Contractor's right to suspend

191

(2)

Suspension under clause 40

193

(3)

Payment for suspension

196

(2)

Suspension lasting longer than 3 months

198

(2)

Possession of the site, commencement and rate of progress

200

(14)

Introduction

200

(1)

Works commencement date

200

(3)

Start of works

203

(1)

Possession of the site and access

204

(4)

Time for completion

208

(2)

Night and Sunday work

210

(1)

Rate of progress and acceleration

211

(3)

Extensions of time and liquidated damages for delay

214

(20)

Introduction

214

(1)

Extensions of time generally

214

(1)

Liquidated damages generally

215

(4)

Grounds for extension of time under ICE Seventh Conditions

219

(3)

Procedures for extensions of time

222

(5)

Liquidated damages for late completion

227

(7)

Completion

234

(10)

Introduction

234

(1)

General meaning of completion

234

(3)

Notification of substantial completion

237

(2)

Certification of substantial completion

239

(2)

Premature use by the employer

241

(1)

Substantial completion of parts of the works

242

(1)

Reinstatement of ground

243

(1)

Outstanding works and defects

244

(8)

Introduction

244

(2)

Outstanding works and defects

246

(3)

Searches and trials

249

(1)

Defects correction certificate

250

(1)

Urgent repairs

251

(1)

Variations

252

(25)

Introduction

252

(3)

Variations generally

255

(6)

Variations in the Seventh edition

261

(5)

Valuation of variations by quotations

266

(4)

Valuations of variations by rates/fair valuation

270

(4)

Engineer to fix rates

274

(2)

Dayworks

276

(1)

Claims and additional payments

277

(20)

Introduction

277

(1)

Legal basis of claims

278

(2)

Common law claims

280

(5)

Global claims

285

(4)

Overheads, finance and interest charges

289

(4)

Additional payment rules of ICE Conditions

293

(4)

Property and materials

297

(7)

Introduction

297

(1)

Contractor's equipment and the like

298

(2)

Vesting of goods and materials not on site

300

(4)

Measurement of the works

304

(12)

Introduction

304

(2)

Quantities

306

(1)

Correction of errors

307

(2)

Measurements and valuations

309

(2)

Increase or decrease of rate

311

(2)

Daywork

313

(1)

Method of measurement

314

(2)

Provisional sums and prime cost items

316

(7)

Introduction

316

(1)

Provisional sums

317

(1)

Prime cost items

318

(4)

Design requirements

322

(1)

Nominated subcontractors

323

(14)

Introduction

323

(2)

Objection to nomination

325

(3)

Engineer's action on objection or determination

328

(2)

Contractor's responsibility for nominated subcontractors

330

(1)

Nominated subcontractor's default

331

(3)

Provisions for payment

334

(1)

Payment to nominated subcontractors

335

(2)

Certificates and payments

337

(18)

Introduction

337

(2)

Monthly statements

339

(4)

Monthly payments

343

(2)

Late payments and under-payments

345

(1)

Interest on overdue payments

346

(3)

Minimum amount of certificate

349

(1)

Final account

349

(1)

Retention

350

(2)

Correction and withholding of certificates

352

(1)

Certification and payment notices

353

(1)

Notice of intention to withhold payment

354

(1)

Defaults and determination

355

(15)

Introduction

355

(1)

Termination generally

356

(3)

Default of the employer

359

(2)

Default of the contractor

361

(9)

Settlement of disputes

370

(26)

Introduction

370

(4)

Housing Grants, Construction and Regeneration Act 1996

374

(3)

Avoidance of disputes and matters of dissatisfaction

377

(3)

The engineer's decision

380

(4)

Disputes

384

(1)

Effect on contractor and employer

385

(1)

Conciliation

386

(3)

Adjudication

389

(3)

Arbitration

392

(2)

Witnesses

394

(2)

Miscellaneous provisions

396

(11)

Introduction

396

(1)

Frustration/war clause

397

(4)

Application to Scotland, Northern Ireland and elsewhere

401

(1)

Tax matters

402

(2)

Value added tax

404

(1)

CDM Regulations 1994

404

(2)

Special clauses

406

(1)

Table of cases

407

(8)

Index

415

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The ICE Conditions of Contract

Summary

Author Biography

Table of Contents

Supplemental Materials