The Infrastructure Conditions of Contract (ICC) for Civil Engineering Works originated in 1945 as the ICE Conditions of Contract. Since its inception, many revisions have been created, some of which have been mentioned in this post. Until 2010 the ICC were known as the ICE Conditions of Contract and were republished as ICC in 2011.
ICC Design and Construct – This contract is intended for works where the Contractor is responsible for all aspects of design and construction to meet the Employer’s Requirements, including any design originally provided on or behalf of the Employer. The Form of Tender included within the contract provides for payment on a lump sum basis although other methods of payment or combinations of methods may be used.
ICC Measurement Version 2011 – Intended for Engineer/Consultant designed contractor-built works with valuation by admeasurement or “measure and value”. Design work and preparation of drawings and other contract documents should be complete before tender information is sent out.
ICC Measurement Version Incorporating NR8 Track Amendments – This Measurement Version has been drafted in conjunction with Network Rail to ensure there is a clear standard contract designed for use on Network Rail’s new Plain Line contracts and to support their overall contract strategy for Track. ICC contracts are entrenched in the Network Rail Suite of Contracts. A future video will cover Network Rail contracts.
ICC Minor Works Version 2011 – Intended for use where the works are simple and straightforward and the potential risks for both Employer and Contractor are considered to be small. The Employer is responsible for providing the Contractor with all information in his possession relevant to carrying out the works. The Appendix to the contract provides a choice of basis upon which payment will be determined.
ICC Target Cost Version 2011 – Intended for use where the Contractor is encouraged to be involved more closely in aspects of design, including any design originally provided by or on behalf of the Employer. The Form of Tender included in the contract provides for payment to the Contractor on a cost reimbursable basis with a fee percentage based on the Target Cost of the project and an incentive share arrangement if the costs differ from the target. Use of the Target Cost Version allows for and encourages active Employer/Contractor collaboration to reduce costs by sharing expertise and jointly managing risk thereby promoting a closer working relationship.
ICC Target Cost Version 2018 – The contract’s core provisions reflect those of the “With Quantities Version” and reflects its basic model and structure as well as reflecting current practice and government thinking. The Contractor is encouraged to be involved more closely in aspects of design. The contractor is paid an agreed target cost plus fee with cost savings below target cost and expenditure above the target cost shared in accordance with an agreed percentage.
ICC Target Cost Version (Incorporating NR12 amendments) – Incorporating NR12 Amendments, it has been drafted in conjunction with Network Rail to provide a standard form of contract for use with Network Rail’s Target Cost Projects. The Integration of Network Rail’s NR12 Schedule of Amendments into the ICC Target Cost Version ensures clarity of the roles and responsibilities of the parties to the contact.
ICC Term Version August 2011 – Intended for planned and reactive maintenance or refurbishment work as well as new work and emergency works where a contractor may be on call within a set geographical area. The contract is based on Engineer/Consultant designed and contractor-built works. Each package of work to be carried out is identified in a Works Order and payments are normally valued by measurement using rates set down in the Term Contract but specially agreed prices or a cost plus arrangement can also be used.
ICC Sub-Contract 2017 – Intended to be compatible with the full ICC suite. It recognises the rights and responsibilities of the parties including apportionment of risk, complies with current payment legislation and can accommodate BIM.
An in depth post on each contract will be produced in the coming weeks.
