The Ice Design and Construct Contract

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ISBN: 9780632036974 | 0632036974
Cover: Hardcover
Copyright: 2/1/1994

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It is expected that design and construct in the 1990's will follow the growth trend of design-build in the building industry in the 1980's. For civil engineers the changes in contractual arrangements will be challenging and demanding. The responsibilities and obligations of the parties will be vastly different from those in traditional ICE Conditions and the familiar role of the engineer will disappear. This book examines in detail the difference between the new ICE Form and traditional ICE Conditions and provides a general outline of law and practice relating to design and construct contracting.

Introduction
Publication
The growth of design and construct contracting
Characteristics of design and construct contracting
Comment on the Design and Construct conditions
Views on drafting
The Employer''s Requirements
Introduction
Employer''s requirements in the Design and Construct Conditions
Content of the employer''s requirements, Detail of the employer''s requirements
Omissions and economies
The Contractor''s Submission
Introduction
Responding to opportunities
The costs of tendering
The management of tendering
Content of the contractor''s submission
The contractor''s submission in the Design and Construct Conditions
Obligations and Responsibilities For Design
Introduction
Terminology, General principles of design liability
Fitness for purpose
Design liability in the Design and Construct Conditions
Unforeseen conditions and design liability
Obligations and responsibilities for design in the Design and Construct Conditions
The designer under the Design and Construct Conditions
Price and Payments
Introduction
Firm price or cost reimbursable
Lump sum or remeasurement
Interim payment schemes
Valuation of variations
Sample payment schedule
Allocation of Risk
Introduction
Design risks
Pricing risks
Construction risks
Impossibility
Time and delays
Statutes and approvals
Other contractors and statutory undertakers
Definitions
Documents
Consents and Notices
Introduction
Indentification definitions
Contract document definitions
Formation of the contract
Financial definitions
Works definitions
Time related definitions
The site, Contractor''s equipment
Consents and approvals
Clause 68 - notices
Obligations and Responsibilities of the Parties
Introduction
Clause 8(1) - the contractor''s general obligations
Clause 8(2) - contractor''s responsibility for design
Clause 8(3) - quality assurance
Clause 8(4) - and clause 19 - safety
Clause 9 - contract agreement
Clause 10 - performance security
Clause 11 - provision of information and sufficiency of tender
Clause 12 - adverse physical conditions
Clause 14 - contractor''s programme and methods of construction
Clauses 15 and 16 - contractor''s superintendence and removal of employees
Clause 18 - boreholes and exploratory excavation
Clauses not used - clauses 13 and 17, Schedule of express obligations and responsibilities of the contractor
Schedule of express obligations and responsibilities of the employer
Representatives of the Parties
Introduction, Role of the employer''s representative
Duties and authority of the employer''s representative
Name of the employer''s representative, Delegation, Assitants
Instructions
Express duties and powers of the employer''s representative, The contractor''s representative
Assignment and Sub-contracting
Introduction
Assignment and sub- contracting generally
Assignment and sub-contracting distinguished
Restrictions on assignment
Restrictions on sub-contracting
Assignment in the Design and Construct Conditions
Sub-contracting in the Design and Construct Conditions
Terms of sub-contracts
Care of the Works and Insurances
Introduction, Professional indemnity insurance
Insurance terminology
Clause 20 - care of the works
Clause 21 - insurance of the works
Clause 22 - damage to persons and property
Clause 23 - third party insurance
Clause 24 - injury to workpeople
Clause 25 - evidence and terms of insurance
Statutes, Facilities and Fossils
Introduction
Clause 26 - notices, fees and statutes
Clause 28 - patent rights and royalties
Clause 29 - interference, noise and pollution
Clause 30 - damage to highways
Clause 31 - facilities for other contractors
Clause 32 - fossils etc.
Materials, Workmanship and Suspension of Work
Introduction
Materials and workmanship
Tests and samples
Access to site
Examination of work
Removal of unsatisfactory work and materials
Suspension of wor
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The Ice Design and Construct Contract

Summary

Table of Contents

Supplemental Materials