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The ICE Design and Construct Contract

Brian Eggleston

ISBN13: 9780632036974

ISBN: 0632036974

Published: May 1995

Publisher: Wiley-Blackwell

Format: Hardback

Price: Out of print

It is expected that design and construct in the 1990's will follow the growth trend of design-build in the building industry in the 1980's. For civil engineers the changes in contractual arrangements will be challenging and demanding. The responsibilities and obligations of the parties will be vastly different from those in traditional ICE Conditions and the familiar role of the engineer will disappear. This book will examine in detail the difference

Subjects:: Construction Law

Contents:: Part 1 Introduction:; Publication, The growth of design and construct contracting, Characteristics of design and construct contracting, Comment on the Design and Construct conditions, Views on drafting; Part 2 The Employer's Requirements:; Introduction, Employer's requirements in the Design and Construct Conditions, Content of the employer's requirements, Detail of the employer's requirements, Omissions and economies; Part 3 The Contractor's Submission:; Introduction, Responding to opportunities, The costs of tendering, The management of tendering, Content of the contractor's submission, The contractor's submission in the Design and Construct Conditions; Part 4 Obligations and Responsibilities For Design:; Introduction, Terminology, General principles of design liability, Fitness for purpose, Design liability in the Design and Construct Conditions, Unforeseen conditions and design liability, Obligations and responsibilities for design in the Design and Construct Conditions, The designer under the Design and Construct Conditions; Part 5 Price and Payments:; Introduction, Firm price or cost reimbursable, Lump sum or remeasurement, Interim payment schemes, Valuation of variations, Sample payment schedule; Part 6 Allocation of Risk:; Introduction, Design risks, Pricing risks, Construction risks, Impossibility, Time and delays, Statutes and approvals, Other contractors and statutory undertakers; Part 7 Definitions, Documents, Consents and Notices:; Introduction, Indentification definitions, Contract document definitions, Formation of the contract, Financial definitions, Works definitions, Time related definitions, The site, Contractor's equipment, Consents and approvals, Clause 68 - notices; Part 8 Obligations and Responsibilities of the Parties:; Introduction, Clause 8(1) - the contractor's general obligations, Clause 8(2) - contractor's responsibility for design, Clause 8(3) - quality assurance, Clause 8(4) - and clause 19 - safety, Clause 9 - contract agreement, Clause 10 - performance security, Clause 11 - provision of information and sufficiency of tender, Clause 12 - adverse physical conditions, Clause 14 - contractor's programme and methods of construction, Clauses 15 and 16 - contractor's superintendence and removal of employees, Clause 18 - boreholes and exploratory excavation, Clauses not used - clauses 13 and 17, Schedule of express obligations and responsibilities of the contractor, Schedule of express obligations and responsibilities of the employer; Part 9 Representatives of the Parties:; Introduction, Role of the employer's representative, Duties and authority of the employer's representative, Name of the employer's representative, Delegation, Assitants, Instructions, Express duties and powers of the employer's representative, The contractor's representative; Part 10 Assignment and Sub-contracting:; Introduction, Assignment and sub- contracting generally, Assignment and sub-contracting distinguished, Restrictions on assignment, Restrict