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The concept of a term contract will be familiar to most engineers and those engaged in the letting and administration of maintenance contracts. Local authorities and utilities have used this type of contract for many years to carry out routine maintenance and remedial work within a set geographical area.
A contractor is appointed to carry out such work for an agreed period of time (the term), carrying out such packages of work as may be required by the Employer under conditions set out in the Contract. The Infrastructure Conditions of Contract Term Version uses Works Orders to accommodate rolling renewal or replacement requirements (based on re-measurement or a lump-sum quotation for a particular operation). The traditional roles of the Engineer in advising the Employer, designing and supervising the Works and certifying payment are all maintained is provided for.
The Infrastructure Conditions of Contract Term Version was drafted bearing in mind the benefits of team working and current procurement initiatives. The Contract will therefore be suitable for planned maintenance or refurbishment work, as well as for emergency works where a contractor may be on call. It may also be suitable for the appointment of a short list of contractors for larger packages of work.
The contract is based on the Term Version of the ICE Conditions of Contract and will be familiar to those who have knowledge of that contract.
The payment provision of the contract accommodate the changes required by the Local Democracy, Economic Development and Construction Act 2009. The contract is therefore “Act Compliant” when it provisions come into force on 1 October 2011.
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