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The forms of tender, agreement, conditions and bond published by the Institution of Civil Engineers have been designed to standardise the duties of contractors, employers and engineers and to distribute fairly the risks inherent in civil engineering.This classic guide to the contracts provides and authoritative reference, and also a rich and practi
The forms of tender, agreement, conditions and bond published by the Institution of Civil Engineers have been designed to standardise the duties of contractors, employers and engineers and to distribute fairly the risks inherent in civil engineering. This classic guide to the contracts provides and authoritative reference, and also a rich and practical introduction to the principles of construction law.
The ICE Conditions continues to be the dominant form of contract for civil engineering, despite the growing importance of the New Engineering Contract. The Seventh Edition of the ICE Conditions, published in 1999, introduced a number of changes, including: incorporating some of the concepts of the Latham Report amending certain provisions of the Sixth Edition which had attracted criticism rectifying conspicuous omissions from the text of earlier editions of the contract correcting small errors and faults from the previous edition modernising certain provisions and terms Brian Eggleston, whose previous book on the ICE Conditions was described as 'likely to become the authoritative reference source for the Sixth Edition', examines the contract clause by clause from a practical and legal viewpoint. There is extensive coverage of case law. Written by an experienced civil engineer and recognized authority on construction contracts, this book is an essential guide.
Contracts and equivalent internal orders are link the design and construction of all civil engineering projects. They should state who is who, what is to be constructed, where, when and how much payment will be due and what is to happen if these intentions are frustrated. This title is useful for engineers working in design or construction.
This first major review of the industry's standard contract for 18 years has left its basic principles unaltered but extra clarity has been introduced throughout by careful consideration of current practice and judicious rewording.
The introduction of the New Engineering Contract (NEC) encourages a systematic approach to contracting which is multidisciplinary in nature and fully interlocked in form. The NEC is intended by its supporters to be more flexible and easier to use than any current leading traditional standard forms of contract. It is believed that these features reduce adversariality and disputes. The NEC seeks to achieve this aim primarily through co-operative management techniques and incentives built into the NEC's procedures. This commentary analyses and evaluates these and related claims of innovation. The New Engineering Contract: A legal commentary examines the background to the NEC, its design objectives, structure, procedures and likely judicial interpretation to determine whether it improves upon the traditional standard forms of contract. Special attention is given in the commentary to the development and the significance of the principles underlying preparation of the NEC as well as the arguments in favour of and against them.Throughout the detailed commentary upon the NEC clauses comparisons to the traditional forms are also made to highlight unique features and principles of general application. The conclusion reached is that the NEC does make a significant contribution to the development of standard forms of contract, addresses many of their short comings and offers one of the best models for their future development, direction and design. The commentary draws upon the body of the project management literature and legal analysis to support its conclusions. The New Engineering Contract: A legal commentary will be essential reading for lawyers, barristers and solicitors, as well as engineers and project managers.
- ICE Design and Construct Conditions of Contract - Definitions and interpretation - Employer's Representative - Assignment and sub-contracting - Documentation and information - General obligations - Materials and workmanship - Commencement and delays - Liquidated damages for delay - Cerificate of Substantial Completion - Outstanding work and defects - Alterations and additional payments - Materials and contractor's equipment - Measurement - Provisional sum and prime cost items - Certificates and payment - Remedies and powers - Settlement of disputes - Application to Scotland etc - Notices - Tax matters - Construction (Design and management) Regulations 1994 - Special Conditions - Form of tender - Appendix to form of tender - Form of agreement - Form of bond - Contract Price Fluctuations Civil Engineering Work Clause CE - Contract Price Fluctuations Structural Steelwork Clause SS - Contract Price Fluctuations Civil Engineerign Work and Structural Steelwork Clause CEW/SS