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The ICE conditions of contract, seventh edition by Brian Eggleston

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By Brian Eggleston

The ICE stipulations is still the dominant type of agreement for civil engineering, regardless of the starting to be significance of the recent Engineering Contract.The 7th version of the ICE stipulations, released in 1999, brought a couple of adjustments, including:? incorporating a few of the techniques of the Latham record? amending convinced provisions of the 6th variation which had attracted feedback? rectifying conspicuous omissions from the textual content of previous variants of the agreement? correcting small error and faults from the former variation? modernising convinced provisions and termsBrian Eggleston, whose past booklet at the ICE stipulations was once defined as 'likely to develop into the authoritative reference resource for the 6th Edition', examines the agreement clause by way of clause from a realistic and felony point of view. there's vast assurance of case law.Written by way of an skilled civil engineer and well-known authority on building contracts, this publication is a necessary advisor.

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Extra resources for The ICE conditions of contract, seventh edition

Sample text

A matter of commonplace relevance to the above is precisely what entitlements the contractor has to recover as cost, its own or sister company plant charges. Plant in the ownership of sister companies with separate legal identity can usually be treated as being in the same category as externally hired plant but otherwise the cost to the contractor of its own plant is no more than depreciation and operating costs. Contractors often claim they are entitled to recover the equivalent of reasonable hire charges in respect of their own plant but, excepting the possible circumstances of loss of opportunity to use elsewhere as discussed above, there is no legal basis for substituting actual cost with notional hire charges.

14 Cost . the insurances were primarily for the benefit of the contractors and only incidentally for the employer/Council . recovery by the contractors from the Council would not result in double recovery as the joint venture would have to account to the insurers for payments received . `costs' in the formula used by the parties did not take account of sums recovered from insurers and to take them into account would vary the proper method of evaluation of quantum meruit. It would, perhaps, be going too far to say that the case is authority for the proposition that `cost' as defined in ICE Conditions excludes amounts recovered under insurances since the judgment concentrates on the quantum meruit aspect of the contractors' entitlement rather than on cost as defined.

Dissatisfaction with assistant's instructions Clause 2(5(c) states that if the contractor is dissatisfied by reason of any instruction of any assistant he shall be entitled to refer the matter to the engineer's representative who shall thereupon confirm, reverse or vary the instruction. Having regard to other provisions in the contract relating to matters of dissatisfaction, notably clause 66, the probable intention of clause 2(5)(c) is that it should operate at a practical level in enabling the contractor to challenge an instruction before carrying it out.

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