Page 58 - Civil Engineering Project Management, Fourth Edition

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Contract conditions used for civil engineering work
D&C contracts are often used when the employer’s main interest is to have
some works built as soon as possible, and he need not, or does not wish to be
concerned with the details of the design (see Section 1.3). The contractor can
therefore start construction as soon as he has enough design ready. But where
a project offers a wide range of design options, a design and construct contract
may not offer an employer the best service because the options chosen by the
contractor may tend to be those which suit his plant and workforce best, rather
than the interests of the employer. However, if the ‘Employer’s Requirements’
are sufficiently extensive and carefully specified, they can go a long way to
ensuring coverage of all the employer’s needs. It should be the aim of the par-
ties prior to award of contract to arrive at an agreed scheme and specification
for the works. Since this form of contract requires extensive input by tenderers
their number should be limited to three or four only.

(e) ICE: Term Version

Term contracts have been in use for many years typically to cover repair and
maintenance of facilities such as road surfaces or flood defences. This new
form, based on the ICE 7th edition and issued in 2002, sets out a background
contract which stays in place for a prescribed term of years and under which
the Engineer can instruct packages of works to be undertaken as necessary.
Works are ordered through a Works Order which defines what is required and
supplies any drawings or specifications not already in the contract. Payment
is made by measurement from a schedule of rates in the contract or other
agreed means.
The administration and supervision requirements usually follow those of
the Measurement Version and will thus be familiar to most engineers. This
form can provide a welcome flexibility for employers in procuring irregular
items of work or carrying out services which can be called up as and when
needed and at short notice. The form may be suitable for some types of
framework arrangement (see Section 1.12).

(f) ICE Engineering and Construction Contract

This contract was developed from ‘the New Engineering Contract’ (NEC)
which was introduced in 1991 and substantially revised in 1993. The NEC is
‘a family of contracts’ comprising versions for construction, sub-contracted
works, provision of professional services, and appointment of an adjudicator.
The main construction contract was developed and renamed the Engineering
and Construction Contract (ECC) which went into a second edition in 1995.
The ECC is formed from ‘core clauses’ which set out the general terms of the
contract, ‘main option clauses’ which define valuation and payment methods
(one of which must be chosen), and ‘secondary options clauses’ for such as