From 1 August 2011, ICE has officially withdrawn from the ICE Conditions of Contract (ICE CoC).
The withdrawal follows a decision made by ICE Council in 2009 to solely endorse the NEC3 Suite of Contracts and the consequent agreement in July 2010 to withdraw from ICE CoC after a 12 month period.
ICE’s part ownership of the contract has now been transferred to the Association for Consultancy and Engineering (ACE) and the Civil Engineering Contractors Association (CECA) and the contracts have been withdrawn from sale, 66 years since they were first published. The ICE Conditions of Contract will be rebranded as the Infrastructure Conditions of Contract (ICC). The suite will be managed entirely by ACE and CECA, and will feature a new design and incorporation of all relevant amendments. All sales orders and queries will be handled by ACE and CECA.
ICE Conditions of Contract withdrawal Q&A
1. What are ICE Conditions of Contract?
ICE Conditions of Contract are a family of well established contracts for use on civil engineering contracts. The first edition of the ICE Conditions of Contract (ICE CoC) was published by the Institution in 1945, in association with the Federation of Civil Engineering Contractors (now the Civil Engineering Contractors Association (CECA)). Subsequent editions followed in association with CECA and the Association for Consultancy and Engineering (ACE). Most recently the 5th (1973), the 6th (1991) and the 7th (1999) editions were published.
2. When will ICE Conditions of Contract be replaced by the Infrastructure Conditions of Contract?
ICE Condition of Contract were withdrawn from sale on 1st August 2011 and re-launched under a new brand as the Infrastructure Conditions of Contract.
3. Who owns the new contracts?
The ICE has transferred its ownership of ICE Conditions of Contract to the ACE and CECA. ACE and CECA will solely own the Infrastructure Conditions of Contract.
4. How can customers obtain a copy of ICE Conditions of Contract if required?
ICE, ACE and CECA will hold reference copies of the last published versions of the ICE Conditions of Contract. It will not be possible to purchase a copy. The ICE will also hold reference copies of previous editions of ICE Conditions of Contract (e.g. ICE 5thand 6th editions).
5. My client wishes me to use ICE Conditions of Contract. What options do I have?
We suggest that you inform your client that ICE Conditions of Contract have now been withdrawn from sale and consult with them as to whether they should use ICE Conditions of Contract or consider an alternative form of contract. If you wish to consider the ICC please contact ACE. If you wish to consider NEC3 please contact the ICE (email@example.com).
6. What are the differences between the ICE Conditions of Contract and the Infrastructure Conditions of Contract?
The amendments between the two families of contracts relate to those arising from the Local Democracy, Economic Development and Construction Act. They also include all previous amendments to the ICE conditions referred to in the former amendment sheets published by the ICE.There is no change in risk allocation or contract procedures. The exception is Minor Works where more detailed amendments have been made.
7. Will the ICE still nominate adjudicators and arbitrators on an ICE Conditions of Contract and Infrastructure Conditions of Contract? The ICE will still continue to provide this service through its Dispute Resolution Service. More information can found at www.ice.org.uk/dispute_resolution and by contacting Brendan van Rooyen, Manager ICE Dispute Resolution Services (Brendan.firstname.lastname@example.org or 020 7665 2224).
8. Will the ICE continue to respond to questions on the application of ICE Conditions of Contract?
The ICE will not be able to directly answer your question. But it will be able to direct you to published guidance through its library service.
9. I used to use the CECA Forms of Subcontract in conjunction with the ICE Conditions of Contract - what should I use now?
The CECA Forms of Subcontract are still available and have been amended to be compatible with the Infrastructure Conditions of Contract.
For more information on the CECA Forms of Subcontract please contact:
1 Birdcage Walk, London, SW1H 9JJ
Tel 020 7340 0450
For more information on the Infrastructure Conditions of Contract please contact:
- Association for Consultancy and Engineering
Alliance House, 12 Caxton Street, London SW1H 0QL
Tel 020 7222 6557