ECC合同条件与ICE合同条件的对比分析

ECC合同条件与ICE合同条件的对比分析

Comparison of ECC with ICE Conditions of Contract

While both the ECC and ICE Conditions of Contract are produced by the Institution of Civil Engineers, they

are like comparing chalk with cheese. There are some similarities but essentially they are fundamentally

different contracts

We start with some of the more basic questions asked by potential ECC users, following on in the next issue

with some more advanced queries.

Type of project

Question

On what type of project could we use ECC?

Answer

The ICE Conditions are for use in connection with works of civil engineering construction , the ECC

is for any work which could be defined as engineering and/or construction and thus embraces civil

engineering, building, process and all allied industries.

Use of engineers

Question

Is it true that we do not have an engineer under the ECC?

Answer

Of course ECC uses engineers, their role being dependent on the type of project, but ECC does not

name an engineer who takes design responsibility and also administers the contract. This is a principle difference from the ICE Conditions.

On an ECC project the employer will appoint the following parties.

Project manager appointed by the employer, either from its own staff, or from an outside body. The project manager s role is to manage the contract for the employer to achieve the employer s objectives for the completed project. The project manager may be an engineer, architect, quantity surveyor or any other discipline dependent on the type of project and the employer s preference, but in all cases it must be someone who has sufficient knowledge of the contract and the role of the project manager to be able properly to carry out that role. This is an important point as some project managers do not have that knowledge and subsequently have stated that they felt that ECC was not that different from other contracts and left the parties with the same problems as ICE contracts.

Supervisor appointed by the employer for a particular contract. Again, the supervisor can be either from the employer s own staff, or from an outside body. Essentially, the supervisor s role is to check that the works are carried out in accordance with the contract. This role can be likened to that of a clerk of works or resident engineer in other contracts.

Design and construct

Question

Is there a design and construct version of the ECC?

Answer

Under the ICE Conditions of Contract the liability of the contractor is subject to the important qualification that it is generally not liable for the design or specification of the permanent works or of

temporary works designed by the engineer. Therefore a division of responsibility is maintained such

that the contractor undertakes to construct according to the engineer s design.

Under the ECC any or all of the design responsibility, and ultimately the liability for that design, can

be apportioned to the contractor through the works information; there is no separate contract document to cover design and construct contracts.

Programmes

Question

I have heard that the programme requirement is more onerous under an ECC contract? Answer

I am not sure that onerous is the right word for something that is designed to help the parties to manage their projects better!

The ICE Conditions state the works commencement date and the time for completion and, under

clause 14, the Contractor shall submit to the Engineer for his acceptance a programme showing the

order in which he proposes to carry out the Works , the submission of a programme is an express

requirement with set time scales for submission and acceptance/rejection of the programme and

revisions.

The general position is that the contractor has an obligation to complete the works within the time

stated in the contract, and it is up to the contractor to arrange its operations to achieve this result.

Under the ECC, the preparation, submission and acceptance of the contractor s programme are key

elements of managing the contract as well as reporting progress.

Provision is made for a programme either to be identified by the contractor in the contract data part

two at the contract date or to be submitted by the contractor within a period stated in the contract

data part one. The programme is an important document for administering the contract. It enables

progress to be monitored and the time effects of compensation events to be assessed, including

changes to the completion date.

Any programme submitted for acceptance is required to show:

dates which are stated in the contract data or the works information (e.g. starting date,