3rd June 2008, 02:12 PM
The Conditions of Contract are for sale at ?30 from the ICE bookshop:
http://www.ice.org.uk/bookshop/bookshop_...0727732378
You can also buy the 'Guidance Notes' that go with the contract.
My Google search didn't identify anywhere online that lets you look at them for free. However, you may find that your unit or local curator has a copy in the office.
The point of these Conditions of Contract is to regulate the contractual/commercial relationship between the client and the archaeological contractor in a way that controls and reduces contract risk for both parties, including liabilities.
They were written by a joint working party, with 3 IFA representatives (a contractor, a consultant and a freelance) and representatives from the committee that writes and reviews all of the ICE's standard construction contracts (the Conditions of Contract Standing Joint Committee, which represents civil engineering clients, contractors and consultants).
Prior to publication of these Conditions of Contract, there was no established and widely-adopted standard contract for archaeological works. Most archaeological contracts were let without using any specified Conditions of Contract, while others were let using Conditions that were not appropriate (e.g. ICE CoC for Ground Investigation or for Minor Works), which didn't help much.
One of the problems was that most traditional contracts cover either 'professional services' (gathering information, giving advice, preparing reports and making designs) or 'contracting services' (physical work - i.e. building things, knocking things down, digging holes). The engineering industry traditionally keeps these things very separate. Archaeological work includes both, and that made it very difficult to adapt pre-existing contracts, hence the need for an archaeology-specific document.
We have found that it works well. It gives us, as consultants, something clear to control the work done by contractors. Similarly, it means that the contractors know what they have signed up to and can point to contract clauses to protect themselves. They also know exactly what the powers and responsibilities of the consultant are. In the event of disputes, there are clear procedures. It gives the client some comfort that they know the terms on which they have employed the contractor.
They also give comfort to curators, and for that reason some curators (e.g. North Yorkshire) refer specifically to these Conditions of Contract in their standard Briefs.
1man1desk
to let, fully furnished
http://www.ice.org.uk/bookshop/bookshop_...0727732378
You can also buy the 'Guidance Notes' that go with the contract.
My Google search didn't identify anywhere online that lets you look at them for free. However, you may find that your unit or local curator has a copy in the office.
The point of these Conditions of Contract is to regulate the contractual/commercial relationship between the client and the archaeological contractor in a way that controls and reduces contract risk for both parties, including liabilities.
They were written by a joint working party, with 3 IFA representatives (a contractor, a consultant and a freelance) and representatives from the committee that writes and reviews all of the ICE's standard construction contracts (the Conditions of Contract Standing Joint Committee, which represents civil engineering clients, contractors and consultants).
Prior to publication of these Conditions of Contract, there was no established and widely-adopted standard contract for archaeological works. Most archaeological contracts were let without using any specified Conditions of Contract, while others were let using Conditions that were not appropriate (e.g. ICE CoC for Ground Investigation or for Minor Works), which didn't help much.
One of the problems was that most traditional contracts cover either 'professional services' (gathering information, giving advice, preparing reports and making designs) or 'contracting services' (physical work - i.e. building things, knocking things down, digging holes). The engineering industry traditionally keeps these things very separate. Archaeological work includes both, and that made it very difficult to adapt pre-existing contracts, hence the need for an archaeology-specific document.
We have found that it works well. It gives us, as consultants, something clear to control the work done by contractors. Similarly, it means that the contractors know what they have signed up to and can point to contract clauses to protect themselves. They also know exactly what the powers and responsibilities of the consultant are. In the event of disputes, there are clear procedures. It gives the client some comfort that they know the terms on which they have employed the contractor.
They also give comfort to curators, and for that reason some curators (e.g. North Yorkshire) refer specifically to these Conditions of Contract in their standard Briefs.
1man1desk
to let, fully furnished