资源描述
CONTENTS
1 GENERAL PROVISIONS 1
1.1 Definitions 1
1.2 Interpretation 6
1.3 Communications 6
1.4 Law and Language 7
1.5 Priority of Documents 7
1.6 Contract Agreement 8
1.7 Assignment 8
1.8 Care and Supply of Documents 8
1.9 Confidentiality 8
1.10 Employer’s Use of Contractor’s Documents 9
1.11 Contractor’s Use of Employer’s Documents 9
1.12 Confidential Details 10
1.13 Compliance with Laws 10
1.14 Joint and Several Liability 10
2 THE EMPLOYER 11
2.1 Right of Access to the Site 11
2.2 Permits, Licences or Approves 11
2.3 Employer’s personnel 12
2.4 Employer’s Financial Arrangements 12
2.5 Employer’s Claims 12
3 THE EMPLOYER’S ADMINISTRATION 13
3.1 The Employer’s Representative 13
3.2 The Employer’s personnel 14
3.3 Delegated Persons 14
3.4 Instructions 15
3.5 Determinations 15
4 THE CONTRACTOR 15
4.1 The Contractor’s General Obligations 15
4.2 Performance security 16
4.3 Contractor’s Representative 17
4.4subContractors 18
4.5 Nominated Subcontractors 18
4.6 Co-operation 19
4.7 Setting out 19
4.8 Safety procedures 20
4.9 Quality Assurance 20
4.10 Site Data 20
4.11 Suffciency of the Contract Price 21
4.12 Unforeseeable Difficulties 21
4.13 Rights of way and Facilities 21
4.14 Avoidance of Interference 21
4.15 Access Route 22
4.16 Transport of Goods 22
4.17 Contractor’s Equipment 23
4.18 Protection of the Environment 23
4.19 Electricity, Water and Gas 23
4.20 Employer’s Equipment and Free-Issue Material 24
4.21 Progress Reports 24
4.22 Security of the Site 26
4.23 Contractor’s Operations on Site 26
4.24 Fossils 26
5 DESIGN 27
5.1 General Design Obligations 27
5.2 Contractor’s Documents 28
5.3 Contractor’s Undertaking 29
5.4 Technical Standards and Regulations 29
5.5 Training 30
5.6 As-Built Documents 30
5.7 Operation and Maintenance Manuals 31
5.8 design Error 31
6 STAFF AND LABOUR 31
6.1 Engagement of Staff and Labour 31
6.2 Rates of Wages and Conditions of Labour 31
6.3 Persons in the Service of Employer 32
6.4 Labour Laws 32
6.5 Working Hours 32
6.6 Facilities for Staff and Labour 32
6.7 Health and Safety 32
6.8Contractor’s Superintendence 33
6.9Contractor’s Personnel 33
6.10 Records of contractor’s Personnel and Equipment 34
6.11 Disorderly Conduct 34
7 PLANT, MATERIALS AND WORKMANSHIP 34
7.1 Manner of Execution 34
7.2 Samples 34
7.3 Inspection 35
7.4 Testing 35
7.5 Rejection 36
7.6 Remedial Work 37
7.7 Ownership of Plant and Materials 37
7.8 Royalties 38
8 COMMENCEMENT, DELAYS AND SUSPENSION 38
8.1 Commencement of Works 38
8.2 Time for Completion 38
8.3 Programme 38
8.4 Extension of Time for Completion 39
8.5 Delays Caused by Authorities 40
8.6 Rate of Progress 40
8.7 Delay Damages 41
8.8 Suspension of Work 41
8.9 Consequences of Suspension 42
8.10 Payment for Plant and Materials in Event of Suspension 42
8.11 Prolonged Suspension 43
8.12 Resumption of Work 43
9 TESTS ON COMPLETION 43
9.1 Contractor’s Obligations 43
9.2 Delayed Tests 44
9.3 Retesting 45
9.4 Failure to Pass Tests on Completion 45
10 EMPLOYER’S TAKING OVER 45
10.1 Taking Over of the Works and Sections 45
10.2 Taking Over of Parts of the Works 46
10.3 Interference with Tests on Completion 46
11 DEFECTS LIABILITY 47
11.1 Completion of Outstanding Work and Remedying Defects 47
11.2 Cost of Remedying Defects 48
11.3 Extension of Defects Notification Period 48
11.4 Failure to Remedy Defects 48
11.5 Removal of Defective Work 49
11.6 Further Tests 49
11.7 Right of Access 50
11.8 Contractor to Search 50
11.9 Performance Certificate 50
11.10 Unfulfilled Obligations 51
11.11 Clearance of Site 51
12 TESTS AFTER COMPLETION 51
12.1 Procedure for Tests after Completion 51
12.2 Delayed Tests 52
12.3 Retesting 52
12.4 Failure to Pass Tests after Completion 53
13 VARIATIONS AND ADJUSTMENTS 54
13.1 Right to Vary 54
13.2 Value Engineering 54
13.3 Variation Procedure 54
13.4 Payment in Applicable Currencies 55
13.5 provisional Sums 55
13.6 Daywork 56
13.7 Adjustments for Changes in Legislation 56
13.8 Adjustments for Changes in Cost 57
14 CONTRACT PRICE AND PAYMENT 57
14.1 The Contract Price 57
14.2 Advance payment 58
14.3 Application for Interim Payments. 59
14.4 Schedule of Payments 60
14.5 Plant and Materials intended for the Works 60
14.6 Interim Payments 61
14.7 Timing of Payments 61
14.8 Delayed Payment 62
14.9 Payment of Retention Money 62
14.10 Statement at Completion 63
14.11 Application for Final Payment 63
14.12 Discharge 64
14.13 Final Payment 64
14.14 Cessation of Employer’s Liability 64
14.15 Currencies of Payment 65
15 TERMINATION BY EMPLOYER 66
15.1 Notice to Correct 66
15.2 Termination by Employer 66
15.3 Valuation at Date of Termination 68
15.4 Payment after Termination 68
15.5 Employer’s Entitlement to Termination 68
16 SUSPENSION AND TERMINATION BY CONTRACTOR 69
16.1 Contractor’s Entitlement to Suspend Work 69
16.2 Termination by Contractor 69
16.3 Cessation of Work and Removal of Contractor’s Equipment 70
16.4 Payment on Termination 71
17 RISK AND RESPONSIBILITY 71
17.1 Indemnities 71
17.2 Contractor’s Care of the Works 72
17.3 Employer’s Risks 73
17.4 Consequence of Employer’s Risks 73
17.5 Intellectual and Industrial Property Rights 74
17.6 Limitation of Liability 75
18 INSURANCE 75
18.1 General Requirements for Insurances 75
18.2 Insurance for Works and Contractor’s Equipment 77
18.3 Insurance against Injury to Persons and Damage to Property 79
18.4 Insurance for Contractor’s Personnel 80
19 FORCE MAJEURE 80
19.1 Definition of Force Majeure 80
19.2 Notice of Force Majeure 81
19.3 Duty to Minimise Delay 81
19.4 Consequences of Force Majeure 82
19.5 Force Majeure Affecting Subcontractor 82
19.6 Optional Termination, Payment and Release 82
19.7 Release from Performance under the Law 83
20 CLAIMS, DISPUTES AND ARBITRATION 84
20.1 Contractor’s Claims 84
20.2 Appointment of the Dispute Adjudication Board 86
20.3 Failure to Agreement Dispute Adjudication Board 87
20.4 Obtaining Dispute Adjudication Board’s Decision 87
20.5 Amicable Settlement 89
20.6 Arbitration 89
20.7 Failure to Comply with Dispute Adjudication Board’s Decision 90
20.8 Expiry of Dispute Adjudication Board’s Appointment 90
1 General Provisions
1.1 Definitions
In the Conditions of Contract (“these Conditions”), which include Particular Conditions and these General Conditions, the following words and expressions shall have the meaning stated. Words indicating persons or parties include corporation and other legal entities, except where the context requires otherwise.
1.1.1 The Contract
1.1.1.1 “Contract” means the Contract Agreement, these Conditions, the Employer’s Requirement, the Tender, and further document (if any) which are listed in the Contract Agreement.
1.1.1.2 “Contract Agreement” means the contract agreement referred to in Sub-Clause 1.6 [Contract Agreement], including any annexed memoranda.
1.1.1.3 “Employer’s requirements” means the document entitled employer’s requirements, as included in the Contract, and any additions and modifications to such document in accordance with the Contract. Such document specifies the purpose, scope, and/or design and/or other technical criteria, for the Works.
1.1.1.4 “Tender” means the Contractor’s signed offer for the Works and all other documents which the Contractor submitted therewith (other than these Conditions and Employer’s Requirements, if so submitted), as included in the Contract.
1.1.1.5 “Performance Guarantees” and “Schedule of payments” mean the documents so named (if any), as included in the Contract.
1.1.2 Parties and Persons
1.1.2.1 “Party” means the Employer or the Contractor, as the context requires.
1.1.2.2 “Employer” means the person named as employer in the Contract Agreement and the legal successors in title to this person.
1.1.2.3 “Contractor” means the person(s) named as contractor in the Contract Agreement and the legal successors in title to this person(s).
1.1.2.4 “Employer’s Representative” means the person named by the Employer in the Contract or appointed from time to time by the Employer under Sub-Clause 3.1 [ the Employer’s Representative], who acts on behalf of the Employer.
1.1.2.5 “Contractor’s Representative” means the person named by the Contractor in the Contract or appointed from time to time by the Contractor Sub-Clause 4.3 [the Contractor’s Representative], who acts on behalf of the Contractor.
1.1.2.6 “Employer’s Personnel” means the Employer’s Representative, the assistants referred to in Sub-Clause 3.2 [Other Employer’s Personnel] and all other staff, labour and other employees of the Employer and of the Employer’s Representative; and any other personnel notified to the Contractor, by the Employer or the Employer’s Representative, as Employer’s Personnel.
1.1.2.7 “Contractor’s Personnel” means the Contractor’s Representative and all personnel whom the Contractor utilizes on Site, who may include the staff, labour and other employees of the Contractor and of each Subcontractor, and any other personnel assisting the Contractor in the execution of the works.
1.1.2.8 “Subcontractor” means any person named in the Contract as a subcontractor, or any person appointed as a subcontractor, for a part of the Works; and the legal successors in title to each of these persons.
1.1.2.9 “DAB” means the person or three persons so named in the Contract, or other person(s) appointed under Sub-Clause 20.2 [Appointment of the Dispute Adjudication Board] or Sub-Clause 20.3 [Failure to Agree Dispute Adjudication Board].
1.1.2.10 “FIDIC” means the Federation International des Ingenieurs-Conseils, the international federation of consulting
engineers.
1.1.3 Dates ,Test, Periods and Completion
1.1.3.1 “Base Date” means the date 28 days prior to the latest date for submission of the Tender.
1.1.3.2 “Commencement Date” means the date notified under Sub-Clause 8.1 [Commencement of Works], unless otherwise defined in the Contract Agreement.
1.1.3.3 “Time for Completion” means the time for completing the Works or a Section (as the case may be) under Sub-Clause 8.2 [Time for Completion], as stated in the Particular Conditions (with any extension under Sub-Clause 8.4 [Execution of Time for Completion]), calculated from the Commencement Date.
1.1.3.4 “Tests on Completion” means the tests which are specified in the Contract or agreed by both Parties or instructed as a Variation, and which are carried out under Clause 9 [Tests on Completion] before the works or a Section (as the case may be) are taken over by the Employer.
1.1.3.5 “Taking-Over Certificate” means a certificate issued under Clause 10 [Employer’s Taking Over].
1.1.3.6 “Tests after Completion” means the tests (if any) are specified in the Contract and which are carried out under Clause 12 [Tests after Completion] after the works or a Section (as the case may be) are taken over by the Employer.
1.1.3.7 “Defects Notification Period” means the period for notifying defects in the Works or a Section (as the case may be) under Sub-Clause 11.1 [Completion of Understanding Works and Remedying Defects], as stated in the Particular Conditions (with any extension under Sub-Clause 11.3 [Extension of Defects Notification Period]), calculated from the date on which the Works or Section is competed as certified under Sub-Clause 10.1 [Taking Over of the Works and Sections]. If no such period is stated in the Particular Conditions, the period shall be one year.
1.1.3.8 “Performance Certificate” means the certificate issued under Sub-Clause 11.9 [Performance Certificate].
1.1.3.9 “day” means a calendar day and “year” means 365 days.
1.1.4 Money and Payments
1.1.4.1 “Contract Price” means the agreed amount stated in the Contract Agreement for the design, execution and completion of the Works and the remedying of any defects, and includes adjustment (if any) in accordance with the contract.
1.1.4.2 “Cost” means all expenditure reasonably incurred (or to be incurred) by the Contractor, whether on or off the Site, including overhead and similar charges, but does not include profit.
1.1.4.3 “Final Statement” means the statement defined in Sub-Clause 14.11[Application for Final Payment].
1.1.4.4 “Foreign Currency” means a currency in which part (or all) of the Contract Price is payable, but not the Local Currency.
1.1.4.5 “Local Currency” means the currency of the Country.
1.1.4.6 “Provisional Sum” means a sum (if any) which is specified in the Contract as a provisional sum, for the execution of any part of the Works or for the supply of Plant, Material or services under Sub-Clause 13.5 [Provisional Sums].
1.1.4.7 “Retention Money” means the accumulated retention moneys which the Employer retains under Sub-Clause 14.3 [Application for Interim Payments] and pays under Sub-Clause 14.9 [Payment of Retention Money].
1.1.4.8 “Statement” means a statement submitted by the Contractor as part of an application for payment under Clause 14 [Contract Price and Payment].
1.1.5 Works and Goods
1.1.5.1 “Contractor’s Equipment” means all apparatus, machinery, vehicles and other things required for the execution and completion of the Works and remedying of any defects. However, Contractor’s Equipment excludes Temporary Works,
Employer’s Equipment (if any), Plant, Materials and any other things intended to form or forming part of the Permanent Works.
1.1.5.2 “Goods” means Contractor’s Equipment, Materials, Plant and Temporary Works, or any of them as appropriate.
1.1.5.3 “Materials” means things of all kinds (other than Plant) intended to form or forming part of the Permanent Works, including the supply-only materials (if any) to be supplied by the Contractor under the Contract.
1.1.5.4 “Permanent Works” means the permanent works to be designed and executed by the Contractor under the Contract.
1.1.5.5 “Plant “means the apparatus, machinery and vehicles intended to form or forming part of the Permanent Works.
1.1.5.6 “Section” means a part of the Works specified in the Particular Conditions as a Section (if any).
1.1.5.7 “Temporary Works” means all temporary works of every kind (other than Contractor’s Equipment) required on Site for the execution and completion of the Permanent Works and the remedying of any defects.
1.1.5.8 “Works” means the Permanent Works and the Temporary Works, or either of them as appropriate.
1.1.6 Other Definitions
1.1.6.1 “Contractor’s Documents” means the calculations, computer programs and other software, drawings, manuals, models and other documents of a technical nature supplied by the Contractor under the Contract; as described in Sub-Clause 5.2 [Contractor’s Documents].
1.1.6.2 “Country” means the country in which the Site (or most of it) is located, where the Permanent Works are to be executed.
1.1.6.3 “Employer’s Equipment” means the apparatus, machinery and vehicles (if any) made available by the
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