SUPERVISORS

1(1)(d) “Engineer’s Representative” means a person being the resident engineer or assistant of the Engineer or clerk of works appointed from time to time by the Employer or the Engineer and notified in writing to the Contractor by the Engineer to perform the functions set forth in Clause 2 (1);7

7. SUPERVISORS. Refer to cl. 2 for elaborate new provisions about the engineer’s representative and other aides of the engineer.

PAYMENT 1 (1) (e) “Contract” means the Conditions of Contract8 Specification Drawings Priced Bill of Quantities the Tender the written acceptance thereof9 and the Contract Agreement (if completed);10

(f) “Specification” means the specification referred to in the Tender and any modification thereof or addition thereto as may from time to time be furnished or approved in writing by the Engineer;

(g) “Drawings” means the drawings referred to in the Specification and any modification of such drawings approved in writing by the Engineer and such other drawings as may from time to time be furnished or approved in writing by the Engineer;

(h) “Tender Total” means the total of the Priced Bill of Quantities at the date of acceptance of the Contractor’s Tender for the Works;11

(i) “Contract Price” means the sum to be ascertained and paid in accordance with the provisions hereinafter contained for the construction completion and maintenance of the Works in accordance with the Contract;12

8. GENERAL AND SPECIAL CONDITIONS OF CONTRACT. “General” is omitted before “Conditions of Contract”, so as to include any special conditions added for the particular works. Space is provided for special conditions in cl. 72 (p. 314).

The I.C.E. Conditions of Contract Standing Joint Committee has issued Guidance Note 2B, which says that “When Clauses 1 to 71 of the I.C.E. Conditions of Contract are?incorporated in a Contract they are best incorporated unaltered. The Clauses comprise closely inter-related conditions and any changes made in some may have unforeseen effects on others…. If it is necessary in a particular Contract to make any contractual arrangements these should be effected by the addition of special conditions in accordance with Clause 72”.

The note also says that special conditions “should be kept to the minimum necessary to cover the special circumstances of the particular project. The practice of including as special conditions matters which are more appropriate to the Specification should be avoided”. As that advice recognises, if guardedly, the standard Conditions are not holy writ; whilst they cover more or less adequately the generality of works the engineer has a duty for any particular project carefully to consider whether any addition or alteration is necessary (see pp. 6 and 161).

Finally, the note says that “Whether or not the I.C.E. Conditions are bound in (the documents prepared for tenderers) the following should appear in the documents of the Contract:

The Conditions of Contract are Clauses 1 to 71 inclusive of the Conditions of Contract and Forms of Tender, Agreement and Bond for use in connection with Works of Civil Engineering Construction Fifth Edition (June 1973) approved by the Institution of Civil Engineers, the Association of Consulting Engineers and the Federation of Civil Engineering Contractors and commonly known as the I.C.E. Conditions of Contract together with the following special conditions: 72. The following special conditions form part of the Conditions of Contract. 73. etc.” f