ABSTRACT

The Institution of Civil Engineers (ICE) Design and Construct Conditions of Contract were introduced in 1992 to reflect the changing needs of the construction industry and the new demands being introduced by the industry’s employers. Much of the layout and content of the Conditions is similar to the ICE Conditions of Contract and the clauses and their conditions reflect the similarity. The contractor’s representative adopts the dual role of designer and constructor and consequently the significance and importance of this appointment is greater than that of the contractor’s representative under the ICE main form. Whilst the engineer acts with a certain amount of impartiality under the main ICE form this is not the case under the Design and Construct Conditions. These clauses follow closely the provisions of the main ICE Conditions of Contract: assignment and subcontracting, commencement and delays, liquidated damages for delay, and outstanding work and defects.