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Infrastructure Conditions of Contract
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ACE and CECA operate the Infrastructure Conditions of Contract, a standard suite of forms of contract based on the highly successful ICE Conditions of Contract.
Building on the legacy of the ICE Conditions of Contract, the Infrastructure Conditions of Contract continue to offer the same reassurance, clarity and reliability that clients and suppliers are used to.
The government identifies greater use of standard forms of contract as a means of eliminating waste from public sector construction. The Government Construction Strategy commits to move towards using only standard forms of contract with minimal amendment for all new central government procurement activity.
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14 October 2011
The Infrastructure Conditions of Contract Development Forum has published amendments to the Infrastructure Conditions of Contract Payment Provisions.
01 August 2011
Guidance Notes have been prepared specifically to assist users of the Infrastructure Conditions of Contract Term Version, in the preparation of contract documents and the carrying out of the contract works. They do not aim to provide legal interpretation but do represent what constitutes good practice in the conduct of civil engineering projects of this type.
Contents
01 August 2011
This document has been specifically prepared to assist users of the new Infrastructure Conditions of Contract Measurement Version with the preparation of contract documents and with the execution of the project itself. Though not a legal interpretation of the Contract, these Guidance Notes are a practical guide to 'good practice' in the conduct of civil engineering projects.
Contents
01 August 2011
The Infrastructure Conditions of Contract - Minor Works Version (which has been based on the former ICE Conditions) includes amendments resulting from experience in use including a responsibility on the Employer to provide the Contractor with all information he has relevant to the Works, a termination clause and a right for the Engineer to have access to work in hand whether on or off Site. In view of the short duration of these contracts retention provisions have been removed. Dispute resolution clauses compliant with the Housing Grants Construction and Regeneration (HGCR)Act (1996) are provided at Addendum A and the provisions under the HGCR Act have been amended in line with the Local Democracy, Economic Development and Construction Act 2009.
01 August 2011
This Partnering Addendum aims to deliver an effective and flexible mechanism for multi-party partnering using Infrastructure Conditions of Contract, ACE Agreements 2009 and CECA Forms of Subcontract. The document governs the implementation of the partnering arrangement and the relationship between the Partners.
01 August 2011
The Infrastructure Conditions of Contract Measurement Version, which is based on the former ICE Conditions, is a contract form which has become one of the main forms of standard contracts for UK civil engineering and infrastructure work.
This new Measurement Version has been drafted by Clients, Consultants and Contractors to provide a clear and standardised contract specifically tailored for civil engineering and infrastructure projects. It is endorsed by the sponsoring bodies namely the Association for Consultancy and Engineering and the Civil Engineering Contractors Association.
The Measurement Version is based on the traditional pattern of Engineer-designed, Contractor-built Works with valuation by measurement. This form of contract is intended to provide a comprehensive and clear set of conditions with a fair balance of risks between Employer and Contractor and with administration by an independent engineer. If the procedures as set out in the Contract are followed, the parties to the Contract are provided with a co-operative form of contract that should prevent or reduce delays and allow control of costs at any stage of a Contract.
01 August 2011
The Infrastructure Conditions of Contract – Design and Construct Version is not a variant of the Measurement Version but an entirely separate set of Conditions based on very different premises.
The Infrastructure Conditions of Contract - Design and Construct Version makes the Contractor responsible for all aspects of design and construction, including any design originally provided by or on behalf of the Employer unless otherwise stated. The Form of Tender provides for payment on a lump sum basis but other forms of payment may be used.
The Contract encourages the benefits of team working and current procurement initiatives. If the procedures are followed, the parties to the Contract will be provided with an 'early warning' of circumstances that may give rise to additional costs or delay in completion of the Contract in order to assist in the mitigation or prevention of such events.
The contract is based on the Design and Construct Version of the ICE Conditions of Contract and will be familiar to those who have knowledge of that contract.
The payment provisions of the Contract accommodate the changes required by the Local Democracy, Economic Development and Construction Act 2009. The Contract is therefore “Act Compliant” when the act comes into force on 1 October 2011.
01 August 2011
This publication will help towards delivering construction projects on time by enabling better client-contractor collaboration. The contract allows the employer, usually with the assistance of the contractor, to set a clear target for the cost of the civil engineering works to be carried out, in order to avoid projects overrunning on cost and deadline.
The contract also encourages the contractor to be more closely involved in the project from an early stage, such as project design, and provides an incentive for the employer and contractor to share profit or loss if the costs differ from the original target.
To utilise the Target Cost Version effectively, a more open style of control and management is required which will permit an early and joint approach to the identification and management of risks. This is intended to lead to better channels of communication between client and contractor, at every project stage.
The Target Cost version - the newest member of the Infrastructure Conditions of Contract family – has been produced due to industry demand.
01 August 2011
This publication provides guidance to the Infrastructure Conditions of Contract Target Cost Version, which encourages active collaboration to reduce costs by sharing expertise and jointly managing risks in an open working environment, within the framework of the Infrastructure Conditions of Contract suite of contracts.
It encourages the Contractor to be more closely involved in aspects of design, provides for payment to the Contractor on a cost reimbursable basis and an incentive share arrangement if the costs differ from the target.
A more open style of control and management, which permits an early and joint approach to the identification and management of risks, obliges parties to recognise and understand each other’s objectives and promotes closer working relationships.
01 August 2011
Like the measurement version of the Infrastructure Condition of Contract, the Ground Investigation Version is based on the traditional pattern of an investigation designed by a Engineer and carried out by a Specialist Contractor.
These Conditions are intended for the situration where the Employer wishes to develop a site and has geotechnical specialists to advise him and who will carry out any initial desk study, identify the geotechnical requirements of the project and design a ground investigation to suit those requirements.
The Investigation may include all or some of the following:
• Site operations including drilling, digging pits, surveys etc.
• Ancillary Works, being permanent items left behind, e.g. piezometers.
• Laboratory Testing
• Reporting requirements
01 August 2011
The concept of a term contract will be familiar to most engineers and those engaged in the letting and administration of maintenance contracts. Local authorities and utilities have used this type of contract for many years to carry out routine maintenance and remedial work within a set geographical area.
A contractor is appointed to carry out such work for an agreed period of time (the term), carrying out such packages of work as may be required by the Employer under conditions set out in the Contract. The Infrastructure Conditions of Contract Term Version uses Works Orders to accommodate rolling renewal or replacement requirements (based on re-measurement or a lump-sum quotation for a particular operation). The traditional roles of the Engineer in advising the Employer, designing and supervising the Works and certifying payment are all maintained is provided for.
The Infrastructure Conditions of Contract Term Version was drafted bearing in mind the benefits of team working and current procurement initiatives. The Contract will therefore be suitable for planned maintenance or refurbishment work, as well as for emergency works where a contractor may be on call. It may also be suitable for the appointment of a short list of contractors for larger packages of work.
The contract is based on the Term Version of the ICE Conditions of Contract and will be familiar to those who have knowledge of that contract.
The payment provision of the contract accommodate the changes required by the Local Democracy, Economic Development and Construction Act 2009. The contract is therefore “Act Compliant” when it provisions come into force on 1 October 2011.
01 August 2011
Guidance Notes have been prepared specifically to assist users of the Infrastructure Conditions of Contract Ground Investigation Version in the preparation of contract documents and the carrying out of the investigation. They do not purport to provide legal interpretation but do represent the unanimous view of the Infrastructure Conditions of Contract Development Forum on what constitutes good practice in the conduct of ground investigations.
01 August 2011
The Infrastructure Conditions of Contract: Guidance Notes have been prepared to assist users of this Contract in the preparation of contract documents and the carrying out of contract works. They are comprehensive and explain the differences in the role of the Engineer in the Measurement Version and the role of the Employer's Representative in the Design and Construct Version.
Contents
01 August 2011
Guidance Notes for Archaeological Investigation Version August 2011
01 August 2011
An Archaeological Investigation is usually undertaken to provide information:
- In response to a proposed development which could cause damage to archaeological remains
- As part of the planning process (within the framework of appropriate national planning policy guidance notes) and/or development plan policy
- As part of an Environmental Impact Assessment
- In connection with management plans and mitigation strategies of private, local and national or international bodies
- Outside the planning process (e.g. infrastructure projects, ecclesiastical development, costal erosion, agriculture, forestry and countryside management, works by public utilities and statutory undertakers)
Where the Investigation find Archaeological Remains they are recorded, analysed and interpreted and the find disseminated as appropriate.
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