ICE Construction Contract

ICE Construction Contract The ICE Conditions of Contract 7th edition Measurement Version 1. Introduction The ICE contract has been around since 1945 and is intended for use on civil engineering work. Civil engineering work is fundamentally different from building work it involves fewer trades, but can be much bigger in scale; there is greater uncertainty in civil engineering work, particularly in ground works. When a site investigation takes place for building work, bore holes and trial pits usually give a good indication of the extent of ground water, rock and the like; in the case of a large reservoir, for example, it is impossible to be as certain. This in turn can mean that structural work needs to be varied. For these reasons the work has to be remeasured and valued as it progresses, the bill of quantities being approximate a point of confusion is when should work be measured and valued under the contracts variation provisions, and when should the remeasurement provisions be used. The bill of quantities therefore has two main functions; firstly, as a tendering document; and secon dly, as a basis for valuation. The contract does not recognise the existence of a quantity surveyor. All payment and valuation is by the engineer, although a Q.S. may actually do some of this work. This note does not cover everything in the conditions, but highlights some of the more contentious areas. 2. Discussion of Clauses Generally The clauses contain no punctuation. Only a court can decide where punctuation can go. Clause 1 definitions and interpretations Sub-clause (1)(c ) defines the Engineer. The Engineer is a person or Firm..This should be read in conjunction with clause 2(2)(a) the contractor must know who will be giving it instructions. Sub-clause (1)(v) defines the site. This can include other places and not just the land where work is taking place. Sub-clause (2) defines cost .all expenditure properly incurred or to be incurred whether on or off site including overhead finance and other charges properly allocatable thereto but does not include any allowance for profit. Clause 2 The Engineer and the Engineers Representative The Engineer Carries out duties specified in or implied by the contract Has the authority specified in or implied in the contract A named Chartered Engineer must act as the engineer if a firm is stated in the contract, a named individual must be nominated within 7 days of the award of the contract, and before the works commencement date The Engineer can be replaced the contractor must be informed The Engineers Representative Has more power than the clerk of works under JCT Engineers duties may be delegated, apart from decisions and certificates under 12(6), 44, 48, 60(4), 61, 65 or 66. Delegation shall be in writing with a copy to the contractor Assistants The Engineer or the ER may appoint assistants to assist the ER. Names shall be notified to the contractor. Assistants are purely concerned to secure the acceptance of materials and workmanship as being in accordance with the contract. They can issue instructions only in relation to these matters. Instructions Shall be in writing However, the contractor shall comply with oral instructions different from JCT. Oral instructions can be confirmed in writing by the contractor or Engineer no time limit, but as soon as is possible under the circumstances The Engineer or ER can be asked to specify under which of the Engineers duties or authorities the instruction was issued. It does not refer to an empowering provision, another clause in the contract, unlike JCT Clause 5 (documents mutually explanatory) This clause is very brief but highly contentious. On the face of it, it says that the various documents forming the contract shall be taken as mutually explanatory and any ambiguities shall explained and adjusted by the engineer who shall thereupon issue instructions in writing to the contractor. These instructions shall be regarded as instructions issued under clause 13. (More will be said about clause 13 later on!). Does this clause mean that only ambiguities and discrepancies included in the tender documents can be adjusted? If an error in the tender documents was so obvious when looking at the documents as a whole, should an engineer refuse to issue an instruction? Unlike JCT, the contractor does not have to notify the engineer about any matters requiring clarification. On the other hand the word shall imposes a duty on the engineer to issue instructions and does not confer any discretion on the engineer. It is curious that clause 13(3) refers back to clause 5 and allows for payment to be made to the contractor, but clause 5 itself makes no mention of payment. See also the comments on clause 8 below. Clause 7 (further drawings specifications and instructions) There are two classes of further drawings specifications and instructions: i). Those which amplify and explain what is already in the contract. ii). Those which require any variation to any part of the Works.. In this case the work is deemed to be a variation under clause 51 i.e. no formal instruction in writing is needed. The express link between clause 7 and clause 51 implies that the valuation rules under clause 52 should apply. It should also be noted that the contractor could be paid under clause 13, although clause 7 does not state this. Under sub-clause (1) the information shall be supplied from time to time. This means that the engineer can take into account the contractors actual progress on the job. Sub-clause (3) States that the contractor shall give adequate notice in writing. and sub-clause (4) allows for the contractor to be given an extension of time and extra costs if it is delayed by failure or inability of the Engineer to issue at a time reasonable in all the circumstances Drawings, Specifications or instructions requested by the contractor.. The words requested by the contractor are rather ambiguous is formal written notice under sub-clause (3) a condition precedent to the operation of sub-clause (4)? Clause 8(1) (contractors general responsibilities) Under this provision the contractor shall (a) construct and complete the works (the meaning of such phrases has already been covered) (b) provide all labour materialsand everything.required .for such construction and completion so far as the necessity for providing the same is specified in or reasonably to be inferred from the Contract. The highlighted words suggest that if ambiguities and discrepancies could be corrected by inference from other contract documents, then the contractor could not expect the engineer to act under clauses 5 and 13. Clause 10 (performance security) This very important clause will be discussed in the lecture on insurances and bonds. Clauses 11 and 12 (the basis on which the tender was based/ claims arising from adverse physical conditions and artificial obstructions) Clause 11 Sub-clause (1) under ICE 6 the employer was deemed to have made available to the Contractor, before submission of tenders, all information on ground works obtained by or on behalf of the Employer from investigations undertaken relevant to the Works. This meant that the employer should have given the contractor every piece of information about the site that was in the employers possession, and if he did not do so the contractor could have grounds for a claim under clause 12 irrespective of the contractors obligation to inspect the site under sub-clause (2). The wording has now been changed to reflect the fairer position that the contractor should have priced that job on the basis of the information actually passed to it (subject to its obligation to inspect the site under sub-clause (2). A new section (1)(b) has been added covering pipes and cables in on or over the ground. Second part of 11(1) the contractor is responsible for the interpretation of all such information for the purposes of constructing the Works. does this refer to the tender preparation or the work on site? Sub-clause (2) inspection of site the contractor is deemed to have (a) inspected the site (b) to have satisfied himself so far as is practicable and reasonable on (i) the form and nature of the ground (ii) the extent and nature of the work (iii) means of communication and access etc. to the site (iv) obtaining information as to risks contingencies and all other circumstances Sub-clause (3) basis and sufficiency of tender the contractor shall be deemed to have (a) based his tender on his own inspection and the information made available by the Employer or obtained by the contractor (b) satisfied himself as to the correctness and sufficiency of the rates and prices stated by him in the bill of quantities. Clause 12 Sub-clause (1) Has the Contractor encountered physical conditions (other than weather conditions or conditions due to weather conditions) or artificial obstructions which could not reasonably have been foreseen by an experienced Contractor? Clearly, foreseeability would need to be examined in the light of what information the employer passed to the contractor under 11(1) and the information that should have been gathered by the contractor under 11(2). If so written notice should be given Under sub-clause (2) the Contractor shall at the same time or as soon thereafter as may be reasonable inform the Engineer in writing pursuant to Clause 53 and/or Clause 44(1) that he intends to claim costs and/or time NB clause 53 has a 28 day limit! Sub-clause (3) requires the Contractor to give details of any anticipated effects of the physical conditions or artificial obstructions; measures he has taken or is taking; and anticipated effects, costs and delays in or interference with the carrying out of the Works (whether or not the contractor intends to submit a claim). Sub-clause (4) action by the engineer he may require the Contractor to investigate and report on alternative measures; he can give written consent to the measures taken by the Contractor; give written instructions as to how the physical condition or artificial obstruction should be dealt with; and he can order suspension under clause 40 or a variation under clause 51 Up to this point there is no admission of liability on behalf of the employer unless a variation has been ordered Sub-clause (5) if the Engineer decides that the physical condition or artificial obstruction could have been reasonably foreseen by an experienced Contractor then the Engineer shall inform the Contractor in writing however, any variation ordered under sub-clause (4)(d) shall be paid under Clause 52. Sub-clause (6) the engineer determines the delay and costs incurred with a reasonable addition for profit, and any extension of time provided that the conditions or obstructions could not reasonably have been foreseen by an experienced contractor. There is no need for the contractor to submit a separate claim for an extension of time under clause 44. Clause 13 Sub-clause (1) (work to be to satisfaction of engineer) Save insofar as it is legally or physically impossible the Contractor shall construct and complete the Works in strict accordance with the Contract.and shall comply with and adhere strictly to the Engineers instructions on any matter connected therewith (whether mentioned in the Contract or not). These words have barely changed over the years, and have been considered by the courts in several prominent cases. Consider the following scenario: A contractor is asked to forward a method statement with his tender. When the work starts it soon becomes apparent that the contractors method statement is impossible to work to, and he has to do the work in a more expensive manner. Can the contractor claim the extra costs involved? Sub-clause (2) states that the mode and manner of construction shall be to the engineers satisfaction. Sub-clause (3) gives the procedure for dealing with delay and extra costs. A final point to consider; should variations be issued under clause 51 or 13?! Clause 14 The Programme The programme under ICE has much more significance than under ICE, but not as much as under the NEC. It is, however, not a contract document. The programme should be submitted by the contractor within 21 days of the award of the contract. There are procedures for the Engineer to accept or reject the programme with reasons. In that case the contractor must amend and resubmit the programme. These procedures are all carried out in 21 day time frames. Together with the programme the engineer may request a general description of the arrangements and methods of construction. The accepted programme should be revised if the Engineer considers that the actual progress of work does not confirm to the programme. Clause 40 The Engineer may instruct the contractor to suspend the progress of the works or any part thereof. Subject to the exceptions listed, the contractor can be given an extension of time and costs. Clause 41 The contractor shall start the works as soon as is reasonably practicable after the works commencement date. The contractor should proceed with due expedition and without delay. Clause 44 The contractor should give notice within 28 days if the matters listed entitle him to an extension of time. Note sub-clause (1)(f) other special circumstances of any kind whatsoever This would be interpreted contra proferentem by a court. The Engineer shall make an assessment of the delay and notify the contractor in writing. The Engineer shall also make an assessment in the absence of a written notice from the contractor. The Engineer can make an interim extension award. This cannot later be reduced. The Engineer makes a further assessment at the due date for completion. Again, this cannot later be reduced. The Engineer makes a final determination within 28 days of substantial completion. Clause 46 If the Engineer considers that the contractors rate of progress is too slow, he may issue a notice to the contractor. The contractor shall then take steps to expedite the progress of the works. This is not acceleration. Acceleration is covered by sub-clause (3). Clause 47 liquidated damages Unlike JCT, the Engineer does not issue a notice of non-completion/ Note that under ICE, the deduction of LADs is suspended for the period of an intervening variation, then resumes. JCT does not specifically state this, but legally the position is the same. Clause 48 This covers substantial completion, which is different from practical completion under JCT. under ICE the contractor starts the procedure by notifying the Engineer; there is no such notice under JCT. The Engineer decides within 21 days. The work so certified shall have passed any final test. Outstanding work can be completed after substantial completion; there are no criteria defining when such work can so be permitted. Clause 49 Covers outstanding work. The contractor must continue insuring this work until it is accepted. Clauses 51 and 52 variations and their valuation These are similar to JCT. Note that if the contractor informs the Engineer that a rate for work not the subject of the variation is rendered inapplicable by the variation, the Engineer shall fix the rate. Clause 53 additional payments Claims are submitted under this clause, apart from any dealt with by clauses 12 or 13. Note that the basis of payment is cost, not loss and/or expense. Clauses 55-57 Measurement ICE is a measure and value contract, so procedures for remeasurement need to be included. The quantities in the BQ are estimates The Engineer ascertains by admeasurement Rates can be adjusted if the quantity of an item increases or decreases this is determined by the engineer after consulting the contractor The contractor is to be given an opportunity to attend for measurement if he does not, the Engineers measurements are taken to be correct. Remeasured work may be valued on daywork The method of measurement is CESMM unless otherwise provided in the contract Clause 60 Certificates and Payments The contractor prepares interim payment applications unless the contractor decides one is not needed Payments are made monthly A minimum amount stated in the appendix must be reached before a payment is made Interest is payable on overdue payments. This is in addition to the right of suspension under the Construction Act. Within 3 months of the defects correction certificate, the contractor shall forward to the Engineer a statement of final account. Within a further 3 months the Engineer issues the certificate. This is only a payment certificate and signifies nothing else. Clause 61 Defects Correction Certificate This is issued At the end of the DC period If more than one DC period applies, it is issued at the end of the last period Outstanding work under 48 must be completed Making good under 49 and 50 must be completed The certificate states the date when the contractor shall have completed his obligations to construct and complete the Works to the Engineers satisfaction. This is the most important certificate under ICE. Compare this certificate with the final certificate under JCT.

Importance of Ego

The Importance of Ego In the novella Anthem by Any Rand, the last two chapters play an important part in bringing together the text as a whole. The narrator transitions from third to first person narration after his escape from the dismal â€Å"utopian† society. Prometheus, the aforementioned narrator, recounts the history of man and his struggle to overcome oppression by greater forces and authoritarian figures. The author chooses to repeat symbols and words of individuality and the benefits of singular work.Any Rand uses her novella Anthem to promote the importance of individuality in all aspects of life. In her early life, the author, Any Rand, was exposed to brutal oppression and collectivist thinking. Any Rand, born â€Å"in SST. Petersburg, Russia in 1905† soon before the communist revolution occurred in 1917. Growing up she detested the institution she lived under, so she immigrated to America in 1926. Any Rand was educated in the USSR which gave her an upper han d that other American novelists didn't have. She had first-hand experience with communism which drove her to oppose It entirely.According to Rand, â€Å"no outside power has the right to demand† anything from an Individual or the work they can produce. In her lifetime, Rand wrote Atlas Shrugged, We the Living, the Fountainhead, and Anthem. Among other less popular works by the end of her writing career. These fictional books advocate Individualism and bravery in a despotic society. Any Rand died in New York City, NY in 1982, leaving behind her a legacy which fueled more complex and innovative thinking in future generations of readers and philosophers.The style of Any Rand's writing impacted the world of literature from the beginning. She â€Å"[defied] cultural and political trends† and â€Å"established a unique place† among fellow authors. According to Danna, â€Å"[Any Rand's] mind was utterly first handed† which proved to be very successful. Although at first she was misunderstood and deemed â€Å"immature† in a psychological sense, Any Rand became a reputable author through explanation of her philosophy: Objectivism. According to Stephen Cox, â€Å"Rand could not find a philosophy that reflected her beliefs† so she created a new philosophy entirely.The success of Objectivism was long lived by Any Rand thanks to her persistence and unconditional belief in the individual mind. Her â€Å"[works are] a protest to individual submission† and they â€Å"reject distinction† just as the Objectivism theory does. This is why in her works she focuses â€Å"inside the head† of the narrator rather than the importance of a solid plot. The psychological aspect of her philosophy is seen especially in Anthem where the mind of one man has been destroyed by the foundation which raised him.In Anthem there is no sense of religion, either, which was Any Rand's purpose In all of her novels. According personally to An y Rand, â€Å"religion Is nothing but a brutal attempt to subjugate the Individual mind† and individual goals each man should achieve. Objectivism Is solely a belief In one's own self. There Is no delve power or authoritarian force that can sway a person's decisions or thoughts to work for or against others. Individual power Is higher than corruption and collectivist ideology. Electives ideologists. In Anthem there is no distinct malevolent force, but citizens who have different hardwiring in their minds than Prometheus does. There is no villain, only â€Å"good against good-different† since villains are deemed irrelevant. For objectivism, it is more important to focus on the protagonist and their inner struggles ether than the community and how an antagonist may impair them. One of the most important aspects of Anthem is its connection to the younger audience.Prometheus is a young adult trying to find his place in a society where he does not fit. According to Karen Go uld ‘any young adult would benefit from Promethium's struggle with identity because it is so easily relatable to them. Anthem, being one of â€Å"Rand's simplest novels†, explains objectivism using â€Å"inner psychological states† which is a both practical and pleasing style of writing for any reader interested in studying Objectivism works. Effortlessly, Anthem brings together both a pleasing plot packed with Objectivism morals and ideas.The novel brings â€Å"the kind of intensity' a reader would think â€Å"could [change] the course of history': exactly what Any Rand imagined her work to do. The protagonists â€Å"never give up† their beliefs and â€Å"assert their†¦ Stubborn views† on their world. These morals are synonymous with the ideas of objectivism: to never give up an individual thought, or decision because of outside forces. Anthem promotes â€Å"outstanding moral character† and individuality simply and with intensity, not to bore young readers, but to draw them towards eating more complex objectivism works, such as the Fountainhead.Unlike many novels of the time, Any Rand chose to create an inner struggle for Prometheus to battle throughout the novel. The beginning shows his unwillingness to think other than â€Å"the individual cannot exist apart from the collective† society, regardless of his sinful thoughts. With each chapter a new part of individualism is revealed to Prometheus, but it is up to him to fit the pieces together. The â€Å"evil† that he is doing â€Å"does not bring him a†¦ Punishment† rather a â€Å"psychological reward† for thinking as a singular person.Closing out the book, Prometheus fully understands that â€Å"ego is†¦ A cause of splendor† for man. The last two chapters of the novel represent the anthem of people Just like Prometheus and Gaga. Each paragraph can be read as a hymn or chant of people who believe in the individual mind , the people of Objectivism. Prometheus reflects on the history of man being â€Å"enslaved by the gods† and â€Å"enslaved by other men† and how detrimental this was to the ego of man. In his lifetime, the authority oppressed his society, and completely erased any evidence of first person.The summary of the wow-chapter anthem is that the only freedom left for men is taken away only by other men' and each person has the ability to create the life they want, no superior being can control the fate of a person. Unlike the aforementioned critics, it can be speculated that Any Rand used religious symbols and illusions to make fun of religion as a whole. Ego is â€Å"[the] god that will grant [men] JOY' and Prometheus and Gaga are very similar to the biblical Adam and Eve. The use of gods and religious symbols in this book further supports Objectivism ideas. To worship the ‘Ego god' is to worship oneself.There is no god to worship but the power inside oneself. Many cr itics believe that because Any Rand was atheist, that the religious symbols in her books happened by mistake, or were In reality and in fiction, Any Rand was a strong believer in the individualist mind and the power of one. Compiling her complex background, the breakthrough philosophy of objectivism, and lack of religious beliefs, each of Rand's novels proclaim the values and ideas of objectivism starting with the most basic Anthem. Even after her death, Any Rand still makes a very large impact on modern society and advanced philosophy today.

Addiction And Sociality The Problem Of Substance Abuse

Addiction begins with a choice, not necessarily a choice to become dependent upon a substance, rather a choice to take a walk through the land of oblivion at least once. A person does not simply wake up one morning addicted to heroin, cocaine, methamphetamine or any other substance. Perhaps a fleeting moment of despair, or the longing for acceptance brings this individual to the doorstep of addiction, prepared to move heaven and earth to find their next fix. Bruce Alexander himself writes, â€Å"I began to consider then that the current theories of substance abuse were wrong; that people used, not be they HAD to pharmacologically, but because the substance was one valid way of adapting to difficult circumstances† (Alexander 161). Just as the†¦show more content†¦Findings in this study have shown, overwhelmingly, that users were seeking acceptance in social networks, be it family, friends or even of coworkers. Furthermore, the data shows often times drug behavior was n ot sought prior to initiation, rather the individuals drug behavior followed initiation into a social network of users (P. Boshears et al 294). Basically, it boils down to individuals engaging in drug use simply to be liked or accepted by their peers or people whose acceptance they seek. Testimonial after testimonial, participants talked of their longing for acceptance. Those who did not seek acceptance explained that family or friends, best friends, encouraged them to try a substance and because they trusted this person, they obliged their request. While not one interviewee admitted to actively seeking an addiction, that is exactly what they ended up with. This research was void of any indications or implications of individuals being forced into drug behavior or drug use. All that was found in the pages of research were willing participants. Social influence on addiction or even casual drug behavior is undeniable. However, the decision to engage in the behavior always starts with a participants’ willingness to try it. Easy access and the availability to substances enable individuals the opportunity to use continually, while free will gives them the ability to make the decision to participate over and over. In the world of addiction, participation is key.

Organization And Management Organization - 1742 Words

Organisation and Management [Writer’s Name] [Institute’s Name] Organisation and Management 1. 1.1 The concept of â€Å"leadership by example† means to have a leader who does the exact thing that he is asking his employees to do. For instance, if a manager is asking his employees to leave by 5 pm for the day, then the manager should himself leave by 5 pm as well. If he stays back to get more work done, he would eventually make his employees feel guilty which might result in them staying late as well.The whole concept of the rule is destroyed. When leaders lead by example, it also puts a positive impact on the culture of the organisation in an ethical sense. The employees feel that the leaders value their opinion which results in them working more efficiently for the organisation as well as providing good results. When leaders lead by example which is doing the same thing that they are asking their employees to do, it results in the organisational culture being healthy and friendlier for everyone. 1.2 The code of ethics is basically a set of ethical benchmark for the investment professionals that are related to the job designation, difference of culture, and the laws. The idea behind having code of ethics in an organisation is to understand that the management is taking care of the customers and placing their need above the management’s wants (Krier, et.al, 2014). The management is also working with the right kind of integrity, competence, and respect. Lastly, theShow MoreRelatedOrganization And Management Theories Of Organizations1422 Words   |  6 PagesOrganization and Management Theories Organizations are a social unit of people that is structured and managed to meet or pursue collective goals. All organizations have management structures that determine the direction of the organization. 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