New PDF release: ICE Conditions of Contract

By Brian Eggleston

The ICE stipulations remains to be the dominant kind of agreement for civil engineering, regardless of the turning out to be significance of the recent Engineering agreement. The 7th variation of the ICE stipulations, released in 1999, brought a couple of alterations, including:.? incorporating a few of the suggestions of the Latham Report.? amending definite provisions of the 6th version which had attracted criticism.? rectifying conspicuous omissions from the textual content of prior versions of the contract.? correcting small mistakes and faults from the former edition.? modernising definite 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 task and subcontracting; five agreement records; 6 Contractor's obligations/responsibilities for layout and building; 7 type of contract and function safeguard; eight web site stipulations and sufficiency of soft; nine directions and impossibility; 10 Programmes and strategies of development; eleven Supervision, setting-out and security; 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 price of development; 17 Extensions of time and liquidated damages for hold up; 18 of completion; 19 remarkable works and defects; 20 diversifications; 21 Claims and extra funds; 22 estate and fabrics; 23 dimension of the works; 24 Provisional sums and top fee goods; 25 Nominated subcontractors; 26 certificate and funds; 27 Defaults and resolution; 28 S

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1 Introduction Clauses 3 and 4 of the Seventh edition deal respectively with assignment and subcontracting. Both clauses are significantly changed from the Sixth edition. Clause 3 is expanded to include a new provision designed to exclude third parties from acquiring rights under the contract by application of the Contracts (Rights of Third Parties) Act 1999. Clause 4 is expanded to re-introduce some control by the engineer over the appointment of subcontractors. The requirement for consent of the engineer to subcontracting parts of the works was a long standing feature of ICE Conditions until swept away in the Sixth edition.

1 Introduction Questions arose in the case of Chesham Properties v. Bucknall Austin Project Management Services (1996) on the duties of the various professionals involved to warn the employer of deficiencies in their own or other professionals' performance. The judgment went mainly against the project management firm ± it was found to have a duty to warn against failings of the architect, the structural engineer and the quantity surveyor; with the exception that the architect was found to have a duty to warn against failings of the quantity surveyor, the architect, the structural engineer and the quantity surveyor avoided liability.

However, to the extent that on its wording the clause requires the engineer and his staff to act impartially in matters generally, it goes beyond the common law duty and arguably too far. The engineer and his staff can legitimately have duties to the employer where impartiality would not be appropriate. It may be that the phrase `having regard to all the circumstances' is intended to regulate the scope of the clause but on one interpretation it is more concerned with how impartiality is undertaken rather than with the extent to which impartiality is required.

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