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This title provides practical guidance to the new ICE Adjudication Procedure (1997). It includes a review of the requirements of the Housing Grants and Construction Regeneration Act 1996 and their application to construction adjudication. The Procedure is reviewed in detail, with notes on each clause and guidance for practical application.
This title provides practical guidance to the new ICE Adjudication Procedure (1997). It includes a review of the requirements of the Housing Grants and Construction Regeneration Act 1996 and their application to construction adjudication. The Procedure is reviewed in detail, with notes on each clause and guidance for practical application.
- Adjudication Procedure (1997) - Adjudicator's Agreement - Schedule to the Adjudicator's Agreement Sample Documents - Notice of Adjudication - Application for the Selection/Appointment of an Adjudicator
This edition takes into consideration the revisions of the Landfill Tax, Housing Grants Construction and Regeneration Act, and Contracts (Rights of Third Parties) Act. There are minor alterations to the contract that bring the wording into line with the Design and Construct Conditions of Contract. Other changes clarify the intention of the clause. In some sections the clauses have been re-numbered to present a more logical sequence to the contract. A few clauses have been changed substantially and an On Default performance Bond is included which has been drafted in more modern English.
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.
Existing books on construction adjudication have either been written as an introduction to the subject when the Housing Grants, Construction and Regeneration Act was first introduced in 1996, or they are aimed at professionals representing parties or at adjudicators themselves. In contrast, this book has been written for the parties to adjudication, particularly those new to the process. It takes a straightforward, practical approach to the subject, dealing with the process step-by-step. The first part takes a party who is referring a dispute through the stages of the adjudication process, including the presentation of a referral submission, to the enforcement of an award. Part 2 examines the position of a party faced with adjudication, highlighting the various actions necessary to protect its interest, and explains how a decision can be challenged. Part 3 looks at matters of common interest. Statutory payment provisions and the Scheme for Construction Contracts are dealt with in Part 4, and Part 5 compares the most frequently used adjudication provisions and procedures. Appendices include an alphabetical list of 139 adjudication cases which are also categorised to show the aspect or aspects with which they are principally concerned.
- Definitions and Interpretation - Engineer and Engineer's Representative - Assignment and Sub-Contracting - Contract Documents - General Obligations - Materials and Workmanship - Commencement Time and Delays - Liquidated Damages for Delay - Certificate of Substantial completion - Outstanding work and defects - Alterations Additions and Omissions to a Works Order - Procedure for Additional Payment - Property in Materials and contractors Equipment - Measurement - Certificates and Payment - Remedies and Powers - Avoidance and Settlement of Disputes - Application to Scotland and Northern Ireland - Notices - Tax Matters - The Construction (Design and Management)Regulations 1994 - Special Conditions
- Introduction - Contract documents - Overall concept - Tendering procedure - Operation of the Contract - Notes on specific Clauses - Appendix 1. bond - Appendix 2. Contract Price Fluctuation
- 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
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. notes show how the original disputes procedure replaces clause 11 and addendum A.