2022-05-01（227）Engineering law and the ICE Contracts

5. The contractor is no longer required to satisfy himself as to the QUANTITIES OF THE WORK—see p. 210.

6. “EXTENT…OF THE WORKS” and “COMMUNICATION WITH” the site are new, but add nothing to what is implied in law in any case.

7. “THE CONTRACTOR…DEEMED TO HAVE…SATISFIED HIMSELF…AS TO …ACCESS TO THE SITE THE ACCOMMODATION HE MAY REQUIRE”. See cl.42 (2).

8. RATES AND PRICES “STATED BY HIM” (THE CONTRACTOR) IN THE BILL. The words in quotations are new, to allow for provisional sums and other items already priced in the bill when issued to tenderers.

9. No SCHEDULE OF RATES AND PRICES. The reference to this Schedule in the 4th edition has been omitted, because no function was assigned to the Schedule.

10. ITEMS OMITTED FROM THE BILL. There are two changes in this clause that are very important in strengthening the contractor’s right to claim for items omitted from the bill. “otherwise provided in the Contract” is substituted for “hereinafter otherwise provided”, and the provision omitted that the contractor’s rates and prices cover “all matters and things necessary for the proper completion and maintenance of the Works”.

See fully pp. 206–9.