Infrastructure Conditions of Contract (ICC) meaning

Conditions precedent in standard form contracts In many construction contracts, a party looking to pursue a claim under the contract must comply with a specified process as prescribed by the terms. Typically, the claiming party is required to serve a particular notice, which may then be followed by a further notice and/or fuller particulars, on the other party and/or the contract administrator, in a set form and meeting stated requirements as to content and layout. Frequently, these notice clauses also include a so‑called ‘time bar’, meaning the notice(s) must be given within a defined period specified by the contract. Where the time bar is expressed as a condition precedent, any failure to follow the contractual steps results in the claiming party losing its right to advance the claim, regardless of how compelling the underlying case might otherwise be, and even where the claim would otherwise be well‑founded. The inclusion of such time‑bar provisions has become increasingly prevalent, and they now feature in some standard form contracts (see Conditions precedent...

The Infrastructure Conditions of Contract (ICC) for Civil Engineering Works began life in 1945 as the ICE Conditions of Contract. After a series of revisions, a substantial overhaul arrived in 2014 with the publication of a new ‘With Quantities Version’ (see Practice Note: ICC With Quantities Version 2014). In June 2018, two further ICC forms were issued—the Target Cost (TC) Version and the Design and Construct Version (see Practice Note: ICC Design and Construct Version 2018). This Practice Note offers guidance on the ICC TC Version 2018. Back in 2011, the Association for Consultancy and Engineering released the first TC Version, derived from the ICE Conditions of Contract 7th edition and tailored for target cost application. The 2018 TC Version is a full rewrite, aligning with the structure and drafting approach of the 2014 Without Quantities Version. Nonetheless, both the 2011 and 2018 TC editions preserve the same collaborative ethos, with the parties jointly managing risk. Scheme of Many clauses are unchanged between the 2014 With Quantities...

The Infrastructure Conditions of Contract (ICC) The Infrastructure Conditions of Contract (ICC) were previously known as the ICE (Institution of Civil Engineers) conditions of contract, first issued by the ICE in 1945. In November 2014 a fresh edition arrived, titled the ‘with quantities’ version (‘ICC with Quants’). This followed an extensive overhaul of the form and a consultation exercise, prompted by the need to modernise a contract that had seen little substantive change for more than half a century. The 2014 edition was wholly re-written and adopted a bold new drafting philosophy. It is briefer and clearer than the earlier ICE/ICC contracts, and brought in a number of notable reforms. Chief among these is the provision that lump sum pricing becomes the default valuation method, while re-measurement remains available as an alternative. Although labelled the ‘With Quantities’ version, it is intended to serve as the preferred contract for the majority of civil engineering works. The pre-2014 ICC forms (see Practice Note: ICC Measurement Version 2011) are still in circulation...