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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 partyÖ. 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 daysí 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
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ICC Design and Construct Version, £30.50and Free postage, ISBN 9781907660405, Which Building Contract ICC Design and Construct Version
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ICC Design and Construct Version - Guidance Notes, £20.50 and Free postage, ISBN 9781907660412, Which Building Contract bookshop ICC Design and Construct Version - Guidance Notes
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ICC Minor Works Version, £30.50 and Free postage, ISBN 9781907660467, Which Building Contract ICC Minor Works Version
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ICC Ground Investigation Version, £30.50 and Free postage, ISBN 9781907660436, Which Building Contract ICC Ground Investigation Version
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ICC Ground Investigation Version - Guidance Notes, £20.50 and Free postage, ISBN 9781907660429, Which Building Contract ICC Ground Investigation Version - Guidance Notes
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ICC Measurement Version, £30.50 and Free postage, ISBN 9781907660450, Which Building Contract ICC Measurement Version
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ICC Measurement Version - Guidance Notes, £20.50 and Free postage, ISBN 9781907660443, Which Building Contract ICC Measurement Version - Guidance Notes
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ICC Partnering Addendum, £15.50 and Free postage, ISBN 9781907660535, Which Building Contract ICC Partnering Addendum
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ICC Target Cost Version, £30.50 and Free postage, ISBN 9781907660481, Which Building Contract ICC Target Cost Version
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ICC Term Version, £30.50 and Free postage, ISBN 9781907660504, Which Building Contract ICC Term Version
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ICC Term Version - Guidance Notes, £20.50 and Free postage, ISBN 9781907660511, Which Building Contract ICC Term Version - Guidance Notes
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ICC Infrastructure Conditions of Contract: Archaeological Investigation Version Guidance Notes, £20.50 and Free postage, ISBN 9781907660399, Which Building Contract ICC Infrastructure Conditions of Contract: Archaeological Investigation Version Guidance Notes
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ICC Infrastructure Conditions of Contract: Archaeological Investigation Version, £30.50 and Free postage, ISBN 9781907660382, Which Building Contract ICC Archaeological Investigation Version
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ICC Measurement Version Incorporating Network Rail NR8 Track Amendments, £30.50 and Free postage, ISBN 9781907660733, Which Building Contract ICC Network Rail NR8 Measurement Version
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ICC With Quantities Version, £30.50 and Free postage, ISBN 9781907660740, Which Building Contract ICC With Quantities Version
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ICC With Quantities Version Guidance Notes, £20.50 and Free postage, ISBN 9781907660757, Which Building Contract ICC With Quantities Version Guidance Notes
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ICC Target Cost Version 2018, £30.50 and Free postage, ISBN 9781916406100, Which Building Contract ICC Target Cost Version 2018
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ICC Target Cost Version Guidance Notes 2018, £21.00 and Free postage,  ISBN 9781916406117, Which Building Contract ICC Target Cost Version Guidance Notes 2018
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ICC Design and Construct Version 2018, £31.00 and Free postage, ISBN 9781916406124,  Which Building Contract ICC Design and Construct Version 2018
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ICC Design and Construct Version - Guidance Notes 2018, £21.00 and Free postage, ISBN 9781916406131, Which Building Contract bookshop ICC Design and Construct Version - Guidance Notes 2018
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ICC Sub-Contract  2017, £27.00 and Free postage, ISBN 9781910865217, Which Building Contract bookshop ICC Sub-Contract 2017
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ICC Network Rail Target Cost Version Incorporating NR12 amendments, £30.50 and Free postage, ISBN 9781910865163, Which Building Contract ICC Network Rail Target Cost Version
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ICC Target Cost Version - Guidance Notes, £20.50 and Free postage, ISBN 9781907660498, Which Building Contract ICC Target Cost Version - Guidance Notes
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Construction Project Manager’s Pocket Book, New 2nd edition, £25.99, ISBN 9780367435936, Author Duncan Cartlidge, Publisher Taylor & Francis Ltd, Imprint Routledge, Which Building Contract, Construction Project Managerís Pocket Book
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Watts Pocket Handbook, £25.99, ISBN 9781138665958, Author Trevor Rushton, Publisher Routledge, Which Building Contract, Watts Pocket Handbook
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