The ICE is to withdraw its support from the ICE Conditions of Contract by this time next year and will focus its effort on the NEC contract forms instead.
Co-supporters of the ICE Conditions - the Association for Consultancy and Engineering (ACE) and the Civil Engineering Contractors Association (CECA)- are expected to continue backing the ICE family of contracts as an alternative to the NEC but have yet to formally decide to do so.
ICE conditions are currently not compliant with the Construction Contracts Act 2009.
The ICE 5th and 6th Editions are being withdrawn from sale immediately. Over the next year the Institution, ACE and CECA will update the ICE 7th and other contracts in the suite to make them compliant with the Act.
The three bodies will continue to maintain the contracts through the Conditions of Contract Standing Joint Committee (CCSJC) for the year.
After this, ACE and CECA said they will “seek to examine other opportunities for jointly ensuring that the industry’s requirements continue to be met”.
More “collaborative” approach
ICE vice president Barry Clarke said the Institution wants to promote a more collaborative approach to contract management. But he recognised that a proportion of the industry still uses the ICE Conditions of Contract. “We will be working closely with ACE and CECA to ensure the transition is smooth and doesn’t have any negative impact on existing users,” he said.
CECA national director Rosemary Beales said: “We understand the ICE’s position in relation to the ICE suite of contracts. We are, however, aware of the significant use that is still made of the ICE Conditions for civil engineering and associated work.”
ACE chief executive Nelson Ogunshakin said the ACE and CECA would “maintain the integrity of the product”. ICE contract conditions are still widely used. The £692M M74 scheme is being built under a modified ICE 5th.