ICC Infrastructure Conditions of Contract
COVID-19
ICC with Quantities Version
This contract, under Clause 6, encourages collaboration and early warning in terms similar to Clause 4 of the Professional Services Agreement 2017. It may well be that, in the circumstances, the key issue will be managing the situation both on and off Site on an ongoing basis. Any agreed actions or measures should be put in writing and signed by the Contractor and the Engineer on behalf of the Employer. If there is no agreement, the Engineer should issue appropriate instructions.
Under Clause 5.7 the Engineer may potentially order the suspension of part or all of the Works - if necessary for the proper construction of the Works.
Clause 14 of the Contract deals with Force Majeure, meaning in this context - any circumstance outside the control of either party
. which renders it impossible or illegal for either party to fulfil his contractual obligations. If performance of the Contract is prevented for such a reason for a continuous period of not less than 42 days, either party may, by giving not less than 28 days notice, terminate the Contractors employment under the Contract. The Clause then sets out the Contractors entitlement on termination. It is arguable as to what constitutes - Force Majeure, but the current situation may, if it develops further, be considered as such. It is to be noted however that this is a very drastic step with potentially significant cost implications.
The above summary highlights some of the actions that might be considered in the context of the current situation. However, if this can be managed without resorting to - fine print, recognising that the key is to deliver the Services in a professional manner, it would result in the best outcome for all parties.
2 New 2018 versions of the Design and Construct and Target Cost versions are published
ICC Design and Construct Version
ICC Target Cost Version
3 NEW Contract Versions added to the ICC Suite of Contracts
New Sub-Contract intended to be compatible with the full suite of ICC Contracts
New Network Rail version of the ICC Measurement Version drafted specifically for Track incorporating NR8 Track amendments
New ICC With Quantities Version,
is shorter and more succinct than the Measurement
Version and is intended for Engineer/Consultant designed Works whilst
providing for an element of Contractor design if
required.
The Infrastructure Conditions of Contract (ICC) is a standard suite of conditions of contract for infrastructure contracts jointly sponsored by the Association of Consultancy and Engineering (ACE) and the Civil Engineering Contractors Association (CECA).
The ICC contracts were published in 2011 to replace the ICE Conditions of Contract and have a similar structure and approach to the contractual process. Separate versions of the ICC Conditions of Contract cater for a variety of types of contract with Guidance Notes to explain their use in practical terms. The suite also includes a Partnering Addendum.
FEATURES:
- Suitable for public and private infrastructure projects
- Separate versions to cater for a range of contractual approaches
- Suitable for Partnering arrangements
- Compliant with payment legislation
- Accommodate CDM Regulations
- Range of processes to assist in avoiding, mitigating, or resolving any differences, or disputes that may arise in a non confrontational manner
- Applicable to works situated in Scotland and Northern Ireland
USE
Those who have previously used the ICE Conditions will find the new ICC Infrastructure Conditions of Contracts familiar. Little change should be required to the administrative process other than to ensure the recent legislative changes which relate to payment are properly accommodated.
Generally clients, consultants and contractors have a wide choice of ICC Contracts which can provide for their chosen version. Provision within the contracts for the inclusion of "Special Conditions" ensures that any special contractual arrangements can both be accommodated and made clear to the parties to the contract.
ICC Conditions of Contract include:
ICC Network Rail Measurement Version *NEW
ICC With Quantities Version *NEW
ICC Sub-Contract April 2017 *NEW
ICC Design and Construct Version
ICC Minor Works Version
ICC Ground Investigation Version
ICC Measurement Version
ICC Target Cost Version
ICC Term Version
ICC Archaeological Investigation Version
ICC Partnering Addendum