ACE, CECA and ICE have issued a joint statement on the ICE Council’s decision to withdraw from the ICE Conditions of Contract. The decision was taken today at ICE's Council meeting, Tuesday 20 July. It follows ICE Council’s decision in 2009 to solely endorse the NEC3 Suite of Contracts.
ICE and co-sponsors of the contracts, ACE and CECA, have had a constant dialogue during the decision-making process and all bodies are content with the outcome.
Through the Conditions of Contract Standing Joint Committee (CCSJC) the three bodies will continue to maintain the contracts for 12 months during which time the family of contracts will be updated to make them compliant with the Local Democracy, Economic Development and Construction Contracts Act 2009. When this is completed, ACE and CECA will seek to examine other opportunities for jointly ensuring that the industry’s requirements continue to be met.
The out-dated editions of the forms (5th and 6th editions) will be withdrawn from sale with immediate effect.
ICE Vice President Barry Clarke said the decision follows detailed consideration by ICE Council. “ICE’s decision to withdraw support from the ICE CoCs is part of a strategic realignment of our offerings and a desire to promote what we see as a more collaborative approach to contract management which offers value for money to clients and the construction industry at large.
“We recognise however that there remains a proportion of our membership and the wider engineering community who still use the ICE Conditions of Contract and we will be working closely with ACE and CECA to ensure the transition is smooth and doesn’t have any negative impact on existing users.”
Nelson Ogunshakin, ACE chief executive, said: “ACE has worked closely with CECA and ICE to make sure there is a smooth transition from the current tri-party arrangements for the ICE Conditions of Contract to a new joint arrangement between ACE and CECA. The joint decision by ACE and CECA will maintain the integrity of the product and continue to provide alternative choice for civil engineering industry. It is imperative that the best interests of all members of the industry (clients, consultants, contractors and suppliers) are served so that they can maximise their commercial potential and minimise cost in the contractual and procurement process. ACE looks forward to continuing to work with CECA and ICE on this project.”
Rosemary Beales, CECA National Director, said: “CECA understands the ICE’s position in relation to the ICE suite of contracts. We are, however, aware of the significant use that is still made of the ICE Conditions for civil engineering and associated work.
“Together with ACE we are committed to ensuring continued choice and will take the opportunity to ensure that this remains and provide contracts relevant to the needs of clients and others within the industry. Once the CCSJC has made appropriate amendments CECA’s Blue Forms of Sub-Contract will be suitably amended.”
Media contacts
ICE: Emily Beadon, Media Relations Manager, 020 7665 2261, 07917215955, emily.beadon@ice.org.uk
ACE: Simon Goldie, Policy and External Affairs Director, ACE, 020 7227 1892, sgoldie@acenet.co.uk
CECA: Phil Morgan, 020 7340 0453 Head of External and Public Affairs,
philmorgan@ceca.co.uk
Notes to editors
ICE Conditions of Contract
The ICE Conditions of Contract were first published in 1945. Subsequent editions have followed, most recently the 5th (1973), the 6th (1991) and the 7th (1999).
The family consists of:
- Measurement Version 7th Edition
- Design & Construct 2nd Edition
- Term Version 1st Edition
- Minor Works 3rd Edition
- Partnering Addendum
- Tendering for Civil Engineering Contracts
- Agreement for Consultancy Work in Respect of Domestic or Small Works
- Archaeological Investigation 1st Edition
- Target Cost 1st Edition
- Ground Investigation 2nd Edition
NEC Background
ICE developed the NEC in the early 1990s. It is now used in over 20 countries worldwide, and many high profile domestic projects including the London Olympics 2012 and Crossrail.