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ICC Infrastructure Conditions of Contract

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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 Contract Versions added to the ICC Suite of 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 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

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.

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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

The Infrastructure Conditions of Contract Design and Construct Version Guidance Notes have been prepared to assist users of this Contract in the preparation of contract documents and the carrying out of contract works.

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ICC Minor Works Version, £30.50 and Free postage, ISBN 9781907660467, Which Building Contract ICC Minor Works Version

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.

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ICC Ground Investigation Version, £30.50 and Free postage, ISBN 9781907660436, Which Building Contract ICC Ground Investigation Version

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.

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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

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.

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ICC Measurement Version, £30.50 and Free postage, ISBN 9781907660450, Which Building Contract ICC Measurement Version

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.

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ICC Measurement Version - Guidance Notes, £20.50 and Free postage, ISBN 9781907660443, Which Building Contract ICC Measurement Version - Guidance Notes

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.

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ICC Partnering Addendum, £15.50 and Free postage, ISBN 9781907660535, Which Building Contract ICC Partnering Addendum

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.

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ICC Target Cost Version, £30.50 and Free postage, ISBN 9781907660481, Which Building Contract ICC Target Cost Version

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.

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ICC Term Version, £30.50 and Free postage, ISBN 9781907660504, Which Building Contract ICC Term Version

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.

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ICC Term Version - Guidance Notes, £20.50 and Free postage, ISBN 9781907660511, Which Building Contract ICC Term Version - Guidance Notes

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.

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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

Guidance Notes for Archaeological Investigation Version August 2011

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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

An Archaeological Investigation is usually undertaken to provide information in response to a proposed development which could cause damage to archaeological remains.

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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

The ICC Network Rail Measurement Version has been drafted in conjunction with Network Rail to ensure there is a clear standard contract designed for use on Network Railís new Plain Line contracts and to support their overall contract strategy for Track.

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ICC With Quantities Version, £30.50 and Free postage, ISBN 9781907660740, Which Building Contract ICC With Quantities Version

Shorter and more succinct than the Measurement Version and is intended for Engineer/Consultant designed Works whilst acknowledging and providing for an element of Contractor design if required.

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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

These Guidance Notes have been prepared to assist users in the preparation of contract documents and understand the manner in which the contract is intended to be administered

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ICC Target Cost Version 2018, £30.50 and Free postage, ISBN 9781916406100, Which Building Contract ICC Target Cost Version 2018

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.

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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

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.

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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

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.

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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

These Guidance Notes have been prepared to assist users of the ICC Design and Construct Version 2018 in the preparation of contract documents and the administration of the contract.

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ICC Sub-Contract  2017, £27.00 and Free postage, ISBN 9781910865217, Which Building Contract bookshop ICC Sub-Contract 2017

Intended to be compatible with the full ICC suite as it is developed it recognises the rights and responsibilities of the parties including apportionment

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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

proivdes a standard form of contract for use with Network Rail's Target Cost Projects.

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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

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.

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