Have you used the ICE Conditions of Contract?

[1man1desk]

Posted by Unit of 1:

quote:I do feel that the confusion between principle contractors planning supervisors and the device of the consultant replacing the principle contractor that has replace the employer who is not necessarily the landowner is a pigs ear particularly if you were to take the position of a digger working on one of these schemes.

That would indeed be a pigs ear, if any of it was true. However, none of it is true, and I think that I and others have made it clear that it isnt true. All it shows is a complete lack of understanding of the documents you have read.

The rest of your post just shows an inability to distinguish between the requirements of the ICE Contract and CDM, which are two different things.

quote:they should shred this contract and start with a simple contract of archaeologist employs another archaeologist

That is an attractively simple model, but in this ideal world, who actually pays for the work? Who is the first archaeologist, and where do they get their money from?

Our system, for which the Contract is designed, is very simple in principle. Developers destroy archaeological sites; in order to mitigate the damage, they are obliged to employ an archaeological contractor to excavate the site first. If they wish to do so, the developer and the contractor can define and manage their relationship using the ICE Contract. The wording of the Contract and its guidance notes makes reference to other parties that have an interest (e.g. the Curator), and to certain areas of law that both parties have to comply with in designing and implementing the work (e.g. CDM, where it applies). Is that really so hard to understand?

1man1desk

to let, fully furnished