ICE Conditions of Contract for Archaeological Investigation : Conditions of Contract, Appendix and Form of Agreement for Use in Connection with Archaeological Investigation

An Archaeological Investigation is usually undertaken to provide information: in response to a proposed development which could cause damage to archaeological remains; as part of the planning process (within the framework of appropriate national planning policy guidance notes) and/or development plan policy; as part of an Environmental Impact Assessment; in connection with management plans and mitigation strategies of private, local and national or international bodies; outside the planning process (e.g infrastructure projects, ecclesiastical development, coastal erosion, agriculture, forestry and countryside management, works by public utilities and statutory undertakers)where the investigation finds Archaeological Remains they are recorded, analysed and interpreted and the findings disseminated as appropriate.These Conditions of Contract, the first of its kind, regulate the business relationship between the Employer and the specialist Archaeological Contractor during the course of an Arcaeological Investigation.

The Contract retains a pattern traditional in civil engineering contracts, with an investigation commissioned by an Employer (Landowners, developers etc.), designed or approved by an Engineer and carried out by a specialist Archaeological Contractor, only that the term 'Consultant' is used instead of 'Engineer'.

Its advantages include: Providing parties to the Contract with and "advanced warning" of circumstances that may give rise to additional costs or delay or which may warrant a significant change to the scope of the Investigation; Enabling the minisation of additional cost and/or delay as well as potential for dispute; and Minimising the incidence of disputes and resolving those that may arise in a speedy and non-confrontational manner.

On that basis that many archaeological contracts will fall within the provisions of Part 2 of the Housing Grants, Construction and Regeneration Act 1996, this Contract has been drafted to comply with the legislation with the intention that the various Statutory 'Schemes for Construction Contracts' should not apply.