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ICE Standard Forms of Contracts
ICE Dispute Resolution Board ProcedureInstitution of Civil Engineers
Dispute Resolution Boards (DRB)s are a “job–site” form of dispute avoidance and resolution. DRBs have proven an effective, economic and user-friendly method of avoiding the extensive costs and diversions of resources usually associated with dispute resolution in the construction and engineering industries. Usually consisting of three experienced, respected and independent Adjudicators, the DRB is the generic phrase used to include Dispute Adjudication Boards, Dispute Review Boards and Panels and Dispute Conciliation Boards.
The DRB is established at the commencement of a project. The Members are kept abreast of project activities by receipt of routine reports and periodic visits to the job-site. When inter-party negations reach deadlock disputes and claims are referred to the DRB at project level.
The ICE has drafted this procedure to be used in conjunction with all standard forms of contract and for use both within the UK and internationally.
Two alternative procedural rules are contained in this document. One has been devised for use on international projects and UK contracts which are not subject to the provisions of the Housing Grants, Construction and Regeneration Act 1996 (the Act) and the other is in full compliance with the Act. These procedures and rules may need to be modified to comply with any statutory requirements in the applicable jurisdiction.
The ICE maintains a list of DRB Members, each of whom has been suitably trained and assessed by the ICE's Conciliation and Adjudication Advisory Panel (CAAP) as being qualified, experienced and capable of acting on DRBs in the UK and/or overseas. This List is available from the ICE website at: www.ice.org.uk/law
Upon application, the ICE will appoint DRB Members from the published list. Application forms for such appointments are included within this document and are also available from the DAS or from the above website.
Contained in these procedures are the following documents:
ICE Dispute Resolution Procedure Rules: Alternative One: For use on International Projects and UK Contracts which are not subject to the provisions of the UK Housing Grants Construction and Regeneration Act 1996
ICE Dispute Resolution Procedure Rules: Alternative Two: UK Housing Grants, Construction and Regeneration Act 1996 (Act) Compliant
Dispute Resolution Board Agreement – Tripartite Agreement (TPA)
Application for the appointment of a DRB Member or chairman
Requirements and application procedures for persons wishing to be considered for inclusion in the ICE’s List of DRB Members
Requirements for DRB Member’s Continuing Professional Development
Order Code: 76165
ICE Design and Construct Contract Guidance Notes, 2nd editionInstitution of Civil Engineers (ICE)
ICE Design and Construct Conditions of Contract, 2nd Edition: Guidance Notes have been prepared to assist users of the new edition 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: 7th Edition and the role of the Employer's Representative in the Design and Construct: 2nd Edition.
Order Code: 7492
ICE Design and Construct Contract, 2nd editionInstitution of Civil Engineers (ICE)
The ICE Design and Construct Conditions of Contract were originally published over 10 years ago, this edition updates the original contract with changes necessitated by new or amended legislation.
As well as several substantial changes and numerous minor ones the contract has been carefully edited to improve its clarity and usability. ICE Design and Construct Conditions of Contract: 2nd edition is not a variant of the Measurement Version but an entirely separate set of conditions based on very different premises.
ICE Design and Construct Conditions of Contract: 2nd edition radically departs from the normal ICE Conditions of Contract concept by making the Contractor responsible for all aspects of design and construction, including any design originally provided by or on behalf of the Employer. The Form of Tender provides for payment on a lump sum basis but other forms of payment may be used.
This new edition of the Contract has been updated to include 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.
The Contract has been revised and updated to deal with the following legislation:
The Construction (Design and Management) Regulations 1994
The Housing Grants, Construction and Regeneration Act 1996
The Finance Act 1996 and the Landfill Tax Regulations 1996
The Contracts (Rights of third parties) Act 1999
The New Roads and Street Works Act 1991.
Order Code: 7491
ICE Construction Mediation Procedure 2002Institution of Civil Engineers (ICE)
This guide has been produced as a result of current best practice and its increasing use in dispute resolution, within the construction industry. It allows the parties to the dispute the freedom to explore ways of settling it with assistance of an independent impartial person - the Mediator.
Order Code: 22569
ICE Conditions of Contract Term Version Contract, 1st edition Guidance NotesInstitution of Civil Engineers (ICE)
Guidance Notes have been prepared specifically to assist users of the ICE 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.
Order Code: 22565
ICE Conditions of Contract Term Version Contract, 1st editionInstitution of Civil Engineers (ICE)
The concept of a term contract will be familiar to most engineers. 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 ICE 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.
The ICE 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.
Order Code: 22268
ICE Conditions of Contract Target Cost Version, 1st edition Guidance NotesInstitue of Civil Engineers
This publication provides guidance to the ICE Conditions of Contract Target Cost Version, First edition which encourages active collaboration to reduce costs by sharing expertise and jointly managing risks in an open working environment, within the framework of the ICE Conditions of Contract family.
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.
Order Code: 139911
ICE Conditions of Contract Partnering Addendum, May 2003Institution of Civil Engineers (ICE)
Association of Consulting Engineers (ACE)
Civil Engineering Contractors' Association (CECA)
This Partnering Addendum aims to deliver an effective and flexible mechanism for multi-party partnering using ICE Conditions of Contract, ACE Agreements 2002 and CECA Forms of Subcontract. The document governs the implementation of the partnering arrangement and the relationship between the Partners. It may include any documents that are applicable to all parties (e.g. code of conduct) and may include any requirements for:
Use of common information systems, sharing of offices
Attendance at Partners’ and Core Group meetings
Participation in partnering workshops
Arrangements for joint design development
Value engineering and value management
Joint performance management and monitoring, including compliance measurement.
By linking the Partnering Addendum to appropriate Bi-Party contracts, it is intended that the arrangements can be used for:
Partnering for any number of projects (i.e. single project or programme of works)
The duration of a term contract
Projects nationally and internationally using UK law
Projects of any technical composition
Projects of any size.
The partnering arrangement is sufficiently flexible to accommodate:
Additional Partners (disciplines) as the project progresses
All phases of the project development
A party entering into more than one Bi-Party contract.
Order Code: 22568
ICE Conditions of Contract for Minor Works, 3rd editionInstitution of Civil Engineers (ICE)
The new edition of ICE Conditions of Contract for Minor Works has been updated to include relevant legislation such as the Housing Grants Construction and Regeneration (HGCR)Act, The Contracts (Right of Third Parties) Act, The Arbitration Act and a new National agreement The Scottish Arbitration Code with the ICE's Annex (2001) to that code. Clause 11 has been modified so that the new Addendum A is incorporated to accommodate both the HGCR and Arbitration Acts.
Since the Minor Works is used where the HGCR Act may not apply,the Guidance Notes shows how the original disputes procedure (included in the Notes) replaces Clause 11 and Addendum A.
Order Code: BL2225
ICE Conditions of Contract for Ground Investigation- Guidance Notes, 2nd editionInstitution of Civil Engineers (ICE)
Guidance Notes have been prepared specifically to assist users of the ICE 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 CCSJC on what constitutes good practice in the conduct of ground investigations.
Order Code: 38888
ICE Conditions of Contract for Ground Investigation, 2nd editionInstitution of Civil Engineers (ICE)
Like the measurement version of the ICE 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 situation 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.
The extent of these will vary depending on the needs of individual projects and whether the purpose is for feasibility study of a full design investigation.
This new edition maintains the concepts set down in the first edition, published in 1983, but puts them in a more modern context with some additions and amendments resulting from experience and modern practice.
Changes since the first edition include:
Improved clarity of language, as for the family of ICE contractors.
Provision for a Ground Specialist to act as Engineer (Clause 2(2)).
Provisions regarding sub-contractors (Clause 4).
Requirements for supply of site information by the Employer (Clause 11).
A procedure for dealing with unforeseen contamination (Clause 12A).
A provision for repeating defective work (Clause 49(4)).
A provision for dealing with Contractor proposed variations (Clauses 51(3) and 52(2)).
Amended retention money clauses (Clause 60(5) and (6)).
Order Code: 38887
ICE Conditions of Contract for Archaeological Investigation Guidance NotesInstitution of Civil Engineers (ICE)
Guidance Notes for the ICE Conditions of Contract for Archaeological Investigation.
Order Code: 46631
ICE Conditions of Contract for Archaeological InvestigationInstitution of Civil Engineers (ICE)
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 coastal erosion, agriculture, forestry and countryside management, works by public utilities and statutory undertakers)
Where the Investigation finds Archaeological Remains they are recorded, analysed and interpreted and the findings disseminated as appropriate.
These Conditions of Contract, the first of its kind, regulate the business relationship between the Employer and the specialist Archaeological Contractor during the course of an Archaeological Investigation. The Contract retains a pattern traditional in civil engineering contracts, with an investigation commissioned by an Employer (Landowners, developers etc.), designed or approved by an Engineer and carried out by a specialist Archaeological Contractor, only that the term 'Consultant' is used instead of 'Engineer'.
Its advantages include:
Providing parties to the Contract with and "advanced warning" of circumstances that may give rise to additional costs or delay or which may warrant a significant change tothe scope of the Investigation.
Enabling the minimisation of additional cost and/or delay as well as potential for dispute.
Minimising the incidence of disputes and resolving those that may arise in a speedy and non-confrontational manner.
On that basis that many archaeological contracts will fall within the provisions of Part 2 of the Housing Grants, Construction and Regeneration Act 1996, this Contract has been drafted to comply with the legislation with the intention that the various Statutory 'Schemes for Construction Contracts' should not apply.
Order Code: 46078
ICE Conditions of Contract Boxed SetInstitute of Civil Engineers
Contains the following documents- ICE Conditions of Contract 7th edition; ICE Conditions of Contract 7th edition Guidance Notes; ICE Design and Construct Conditions of Contract, 2nd edition; ICE Design and Construct Conditions of Contract Guidance Notes, 2nd edition; ICE Conditions of Contract for Minor Works, 3rd edition. Tendering for Civil Engineering Contracts; ICE Conditions of Contract Partnering Addendum.
Order Code: 76090
ICE Conditions of Contract 7th edition Measurement version, reprinted January 2003 with 2001 amendmentsInstitution of Civil Engineers (ICE)
The first edition of the ICE Conditions of Contract was launched in December 1945 and the subsequent editions have become one of the main form of standard contracts for UK civil engineering work.
This new 7th edition has been drafted by Clients, Consultants, Contractors to provide a simple and standardised contract specifically tailored for civil engineering projects. It is been endorsed by the sponsoring bodies namely The Institution of Civil Engineers, The Association of Consulting Engineers and The Civil Engineering Contractors Association.
The 7th edition is based on the traditional pattern of Engineer-designed, Contractor-built Works with valuation by measurement. It has, however, been revised and updated in line with the recommendations made by the Latham Review and fully supports and promotes the benefits of teamworking and current procurement initiatives propounded by the Egan report. 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 delays or give rise to additional costs at any stage of a Contract.
Other major changes that have been incorporated into the new 7th edition relate to:
The Landfill Tax Regulations 1996
The Finance Act 1996
The Housing Grants, Construction and Regeneration Act 1996
The ICE Form of Default Bond
This new 7th edition replaces all its predecessors, and like them it will become one of the main forms of contract for UK civil engineering works.
Order Code: 38291
ICE Conditions of Contract 7th edition: Guidance NotesInstitution of Civil Engineers (ICE)
This document has been specifically prepared to assist users of the new 7th edition of the ICE Conditions of Contract 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.
Order Code: BL1944
ICE Arbitration Procedure 2006Institution of Civil Engineers (ICE)
The ICE Arbitration Procedure 2006 has been written to meet an industry demand for the adoption of more appropriate arbitration options to resolving disputes.
The purpose of arbitration is to achieve a fair resolution of disputes by an impartial Arbitrator without unnecessary delay or expense. The Arbitrator gives each party a reasonable opportunity of presenting a case and deals with that of the opponent.
This revised Procedure will be familiar to users of the ICE Arbitration Procedure 97 but has been updated to ensure that all parties adopt a more appropriate procedure that will reduce time and costs. In this revised procedure the Documents Only Procedure is used on low value disputes, the Expedited Procedure (time limited) on medium value disputes and the standard arbitration procedure is used on high value disputes. A table that sets out a value of dispute band against the procedure to be used is also included in the procedure.
Arbitration Procedure (2006)
Part A. Objectives, references and appointment
Part B. Arrangements for the arbitration
Part C. Control of the proceedings
Part D. Procedures before the hearing
Part E. Procedure at the hearing
Part F. Short procedure
Part G. Expedited procedure
Part H. Special procedure for experts
Part J. Awards
Part K. Miscellaneous
Order Code: 140097
ICE Adjudication Procedure 1997Institution of Civil Engineers (ICE)
Adjudicator's procedure, including sample documents with a separate list of adjudicators included in the price.
Order Code: BL1177