Page 104 - Civil Engineering Project Management, Fourth Edition

8
The employer and

his engineer

8.1 Introduction

When the employer has drawings and specifications prepared there are two
main types of construction contract he can use in the UK to get the works
built – the ICE Conditions of Contract (the ‘ICE conditions’) or the ICE Engin-
eering and Construction Contract (the ‘ECC conditions’). These have been
described in Sections 4.2(a) and 4.2(f).
The ICE conditions have been used for construction of works for many
years, are comprehensive in their provisions, and are still the most widely
used conditions. The ECC conditions for the construction of works are not
so extensive and detailed as the ICE conditions, and the FIDIC conditions for
construction of works overseas are very similar in terms to the ICE conditions.
Hence the provisions of the ICE conditions are fully described below, and
any different provisions of the ECC or FIDIC conditions are noted in this
chapter or later.

8.2 The role of the employer’s engineer under
ICE conditions

Under the ICE conditions the employer appoints an independent engineer
to administer the contract for construction termed ‘the Engineer’ under the
contract. This engineer is required under the ICE conditions to ‘act impartially
within the terms of the contract having regard to all the circumstances’
(Clause 2(8)). He (or she) may often be a consulting engineer engaged by the
employer, or can be a member of the employer’s staff, but this does not affect
the duty to act impartially.