Have you used the ICE Conditions of Contract?

[1man1desk]

Dear Mr Unit,

Glad to see you are actually trying to find out about the contract now. However, you seem to have misunderstood some of what you have read, either on the ICE website or in my posts.

I am not confusing the Engineer or Consultant with the Employer.

The Consultant in the ICE's archaeological contract is the exact equivalent of the Engineer in their engineering contracts. In both cases, they are always appointed by the Employer to design and/or approve the project and then, usally, to oversee the work and administer the contract.

You say:

quote:I would like to see the consultant work for the landowner or that if the employer was called a developer, that the developer at the time was also the owner of the land.

On the principle that 'the polluter pays', the money always comes ultimately from whoever it is that wants to develop the site (the developer). Sometimes that might be the landowner, but if it isn't then in any normal commercial situation it will be someone who is paying the landowner for rights to use the land, or has paid for an option to buy the land.

The Employer in an archaeological contract may be the developer themselves, or it may be a company working on their behalf, such as their design consultant or environmental consultant.

For instance, the company I work for does both engineering/ architectural design and environmental assessment for many developers in both the public and private sectors. When commissioning archaeological work, one of our staff (sometimes myself) is appointed as the Consultant. The Employer may be the company itself, or it may be our client. Either way, the money to pay for both the Consultant and the Contractor comes ultimately from our client (the developer, who may or may not own the land, but does have rights to it).

1man1desk

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