The Infrastructure Conditions of Contract – Design and Construct Version is not a variant of the Measurement Version but an entirely separate set of Conditions based on very different premises.
The Infrastructure Conditions of Contract - Design and Construct Version makes the Contractor responsible for all aspects of design and construction, including any design originally provided by or on behalf of the Employer unless otherwise stated. The Form of Tender provides for payment on a lump sum basis but other forms of payment may be used.
The Contract encourages the benefits of team working and current procurement initiatives. If the procedures are followed, the parties to the Contract will be provided with an 'early warning' of circumstances that may give rise to additional costs or delay in completion of the Contract in order to assist in the mitigation or prevention of such events.
The contract is based on the Design and Construct Version of the ICE Conditions of Contract and will be familiar to those who have knowledge of that contract.
The payment provisions of the Contract accommodate the changes required by the Local Democracy, Economic Development and Construction Act 2009. The Contract is therefore “Act Compliant” when the act comes into force on 1 October 2011.