FIDIC国际土木建筑工程承包合同-(中英文-第三部分).doc

FIDIC国际土木建筑工程承包合同 （中英文 第三部分） Commencement and Delays开工和延误41.1 Commencement of Works工程的开工The Contractor shall commence the Works as soon as is reasonably possible after the receipt by him of a notice to this effect from the Engineer, which notice shall be issued within the time stated in the Appendix to Tender after the date of the Letter of Acceptance. Thereafter, the Contractor shall proceed with the Works with due expedition and without delay.承包商在接到工程师有关开工的通知后，应在合理可能的情况下尽快开工，开工通知应在中标函颁发日期之后，在投标书附件中规定的期限内发出。此后，承包商应迅速且毫不迟延开始工程的施工。42.1 Possession of Site and Access Thereto现场占有权及其通道Save insofar as the Contract may prescribe除合同另有规定外：a. the extent of portions of the Site of which the Contractor is to be given possession from time to time, andb. the order in which such portions shall be made available to the Contractorand subject to any requirement in the Contract as to the order in which the Works shall be executed, the Employer will, with the Engineers Notice to Commence the Works, give to the Contractor possession ofc. so much of the Site, andd. such access as, in accordance with the Contract, is to be provided by the Employeras may be required to enable the Contractor to commence and proceed with the execution of the Works in accordance with the programme referred to in Clause 14 (if any) and otherwise in accordance with such reasonable proposals as the Contractor shall, by notice to the Engineer with a copy to the Employer, make. The Employer will, from time to time as the Works proceed, give to the Contractor possession of such further portions of the Site as may be required to enable the Contractor to proceed with the execution of the Works with due dispatch in accordance with such programme or proposals, as the case may be.（a）随时给予承包商占有现场各部分的范围；以及（b）承包商可占用现场各部分的顺序。并根据合同中对于工程竣工顺序的任何要求，在工程师发出开工通知的同时，雇主应使承包商占有：（c）一定大小的所需部分现场；以及（d）按照合同由雇主提供的此类通道。以便使承包商能够根据第14条（如果任何）提到的工程进度计划开始并进行施工，否则，将根据承包商提出的合理建议开工。此时应将该建议通知工程师，并将一份副本呈交雇主。雇主应随工程进展，适时让承包商占用工程施工所需现场的其它部分，以使承包商能以应有的速度并视具体情况或按上述进度计划或按承包商的合理建议进行工程施工。42.2 Failure to Give Possession未提供占有权If the Contractor suffers delay and/or incurs costs due to failure on the part of the Employer to give possession in accordance with the terms of Sub-Clause 42.1, the Engineer shall, after due consultation with the Employer and the Contractor, determine :如果由于雇主未能按第42.1条规定给出上述占有权而导致承包商延误工期和或付出费用，则工程师应在及时与雇主和承包商协商之后，作出如下决定：a. any extension of time to which the Contractor is entitled under Clause 44, andb. the amount of such costs, which shall be added to the Contract Price,and shall notify the Contractor accordingly, with a copy to the Employer. （a）根据第44条规定，承包商有权获得任何延长的工期；以及 （b）应在合同价格中增加此类费用总额。 工程师应通知承包商，并将一份副本呈交雇主。42.3 Way-leaves and Facilities进-出场和设备The Contractor shall bear all costs and charges for special or temporary way-leaves required by him in connection with access to the Site. The Contractor shall also provide at his own cost any additional facilities outside the Site required by him for the purposes of the Works.承包商应承担其进出现场所需要的专用或临时道路通行权的一切费用的开支。承包商还应自费提供他所需要的供工程使用的位于现场以外的任何附加设备。43.1 Time for Completion竣工时间The whole of the Works and, if applicable, any Section required to be completed within a particular time as stated in the Appendix to Tender, shall be completed, in accordance with the provisions of Clause 48, within the time stated in the Appendix to Tender for the whole of the Works or the Section (as the case may be), calculated from the Commencement Date, or such extended time as may be allowed under Clause 44.在投标书附件中规定的某一具体时间内竣工的整个工程及任何区段，应按第48条的规定，在投标书附件中为整个工程或任何区段规定的从开工之日算起的期限内竣工；或在第44条可能允许的延长工期内竣工。44.1 Extension of Time for Completion竣工期限的延长In the event of如果由于：a. the amount or nature of extra or additional work, orb. any cause of delay referred to in these Conditions, orc. exceptionally adverse climatic conditions, ord. any delay, impediment or prevention by the Employer, ore. other special circumstances which may occur, other than through a default of or breach of contract by the Contractor or for which he is responsible,being such as fairly to entitle the Contractor to an extension of the Time for Completion of the Works, or any Section or part thereof, the Engineer shall, after due consultation with the Employer and the Contractor, determine the amount of such extension and shall notify the Contractor accordingly, with a copy to the Employer.（a）额外或附加工作的数量或性质，或（b）本合同中提到的任何误期原因，或（c）异常恶劣的气候条件，或(d) 由雇主造成的任何延误、干扰或阻碍，或(e) 除去承包商不履行合同或违约或由他负责的以外，其它可能发生的特殊情况，使承包商有理由延期完成工程或其任何区段或部分，则工程师应在与雇主和承包商适当地协商之后，决定竣工期延长的时间，并相应地通知承包商，同时将一份副本呈交雇主。44.2 Contractor to Provide Notification and Detailed Particulars承包商提供通知和详细说明Provided that the Engineer is not bound to make any determination unless the Contractor has但工程师不一定必须作出任何决定，除非承包商已经：a. within 28 days after such event has first arisen notified the Engineer with a copy to the Employer, andb. within 28 days, or such other reasonable time as may be agreed by the Engineer, after such notification submitted to the Engineer detailed particulars of any extension of time to which he may consider himself entitled in order that such submission may be investigated at the time.（a）在此类事件开始发生之后的28天内通知工程师并将一份副本呈交雇主， 以及（b）在上述通知后的28天内，或在工程师可能同意的其它合理的期限内，向工程师提交承包商认为他有权要求的任何延期的详细申述，以便可以及时对他申述的情况进行研究。44.3 Interim Determination of ExtensionProvided also that where an event has a continuing effect such that it is not practicable for the Contractor to submit detailed particulars within the period of 28 days referred to in Sub-Clause 44.2.b, he shall nevertheless be entitled to an extension of time provided that he has submitted to the Engineer interim particulars at intervals of not more than 28 days and final particulars within 28 days of the end of the effects resulting from the event.On receipt of such interim particulars, the Engineer shall, without undue delay, make an interim determination of extension of time and, on receipt of the final particulars, the Engineer shall review all the circumstances and shall determine an overall extension of time in regard to the event. In both such cases the Engineer shall make his determination after due consultation with the Employer and the Contractor and shall notify the Contractor of the determination, with a copy to the Employer.No final review shall result a decrease of any extension of time already determined by the Engineer.如果某一事件具有持续性的影响，以致使要求承包商按77.2（b）款所述的28天内提交详细申述成为不可能时，如果承包商以不超过28天的间隔向工程师递交临时详情，并在事件影响结束后28天内提交了最终详情，承包商仍有权要求延长工期。工程师在收到上述详情报告后，不得无故延误，应作出关于延长工期的临时决定，在收到最终详情之后，工程师应复查全部情况，并提出有关该事件所需的延长全部工期的决定。在上述两种情况下，工程师在与雇主和承包商适当协商之后作出决定，并将此决定通知承包商，同时将一份副本呈交雇主。终审结果不应导致减少工程师业已决定的任何延长工期的时间。45.1 Restriction on Working Hours工作时间的限制Subject to any provision to the contrary contained in the Contract, none of the Works shall, save as hereinafter provided be carried on during the night or on locally recognised days of rest without the consent of the Engineer, except when work is unavoidable or absolutely necessary for the saving of life or property or for the safety of the Works, in which case the Contractor shall immediately advise the Engineer. 在合同中无相反规定的条件下，除下文规定的情况外，非经工程师同意，任何工程均不得在夜间或当地公认的休息日施工，但为抢救生命或财产，或为工程的安全而不可避免或绝对必要的作业除外，在此情况下，承包商应立即向工程师提出建议。Provided that the provisions of this Clause shall not be applicable in the case of any work which it is customary to carry out by multiple shifts.但本款规定不适用于习惯上采用多班制的任何作业。46.1 Rate of Progress 施工进度If for any reason, which does not entitle the Contractor to an extension of time, the rate of progress of the Works or any Section is at any time, in the opinion of the Engineer, too slow to comply with the Time for Completion, the Engineer shall so notify the Contractor who shall thereupon take such steps as are necessary, subject to the consent of the Engineer, to expedite progress so as to comply with the Time for Completion. The Contractor shall not be entitled to any additional payment for taking such steps. 在承包商无任何理由要求延长工期的情况下，如工程师认为工程或其任何区段在任何时候的施工进度太慢，不符合竣工期限要求，则工程师应将此情况通知承包商，承包商即在工程师的同意之下，采取必要的步骤，加快工程进度，以使其符合竣工期限要求。承包商无权要求为采取这些步骤支付附加费用。If, as a result of any notice given by the Engineer under this Clause, the Contractor considers that it is necessary to do any work at night or on locally recognised days of rest, he shall be entitled to seek the consent of the Engineer so to do. Provided that, if any steps taken by the Contractor in meeting his obligations under this Clause involve the Employer in additional supervision costs, such costs shall, after due consultation with the Employer and the Contractor, be determined by the Engineer and shall be recoverable from the Contractor by the Employer, and may be deducted by the Employer from any monies due or to become due to the Contractor and the Engineer shall notify the Contractor accordingly, with a copy to the Employer.如果由于执行工程师按有关条款规定发出的任何通知，承包商认为有必要在夜间或当地公认的休息日进行任何工作，则承包商有权请求工程师对此给予准许。如果承包商根据本条规定的承包商义务所采取的任何步骤，使雇主开支了附加管理费，则工程师应在与雇主和承包商适当协商之后，确定该项费用款额，并应由承包商偿还给雇主，亦可由雇主从任何应支付或将支付给承包商的任何款项中扣除，工程师应相应地通知承包商，并将一份副本呈交雇主。47.1 Liquidated Damages for Delay误期损害赔偿If the Contractor fails to comply with the Time for Completion in accordance with Clause 48, for the whole of the Works or, if applicable, any Section within the relevant time prescribed by Clause 43, then the Contractor shall pay to the Employer the relevant sum stated in the Appendix to Tender as liquidated damages for such default and not as a penalty (which sum shall be the only monies due from the Contractor for such default) for every day or part of a day which shall elapse between the relevant Time for Completion and the date stated in a Taking-Over Certificate if the whole of the Works or the relevant Section, subject to the applicable limit stated in the Appendix to Tender.如果承包商未能按第48条规定的全部工程竣工期限完成整个工程，或未能在第43条规定的时间内完成任何区段，则承包商应向雇主支付投标书附件中写明的相应金额作为该项违约的损害赔偿费，而不是作为自相应的竣工期限起至颁发整个工程或相应区段的移交证书之日止之间的每日或不足一日的罚款，但上述损害赔偿费应限制在投标书附件中注明的前提下。 The Employer may, without prejudice to any other method of recovery, deduct the amount of such damages from any monies due or to become due to the Contractor. The payment or deduction of such damages shall not relieve the Contractor from his obligation to complete the Works, or from any other of his obligations and liabilities under the Contract雇主可从应支付或将支付给承包商的任何款项中扣除该项损害赔偿费。此损害赔偿费的支付或扣除不应解除承包商对完成该项工程的义务或合同规定的承包商的任何其他义务和责任。47.2 Reduction of Liquidated Damages.误期损害减让If, before the Time for Completion of the whole of the Works or if applicable, any Section, a Taking-Over Certificate has been issued for any part of the Works or of a Section, the liquidated damages for delay in completion of the remainder of the Works or of that Section shall, for any period of delay after the date stated in such Taking-Over Certificate, and in the absence of alternative provisions in the Contract, be reduced in the proportion which the value of the part so certified bears to the value of the whole of the Works or Section, as applicable. The provisions of this Sub-Clause shall only apply to the rate of liquidated damages and shall not affect the limit thereof.在整个工程或任何区段的竣工期限之前，如果工程或区段的任何部分已签发移交证书，则在合同中无替代条款的情况下，对于在该移交证书注明的日期之后的任何拖延期间该工程或区段剩余部分的误期损害赔偿费，应按已签发部分的价值对整个工程或区段的价值比例相应地减少。本款的规定仅适用于误期损害赔偿费的比率，并不应影响上述限额。48.1 Taking-Over Certificate移交证书When the whole of the Works have been substantially completed and have satisfactorily passed any Tests on Completion prescribed by the Contract, the Contractor may give a notice to that effect to the Engineer with a copy to the Employer, accompanied by a written undertaking to finish with due expedition any outstanding work during the Defects Liability Period. Such notice and undertaking shall be deemed to be a request by the Contractor for the Engineer to issue a Taking-Over Certificate in respect of the Works. 当全部工程基本完工并圆满通过合同规定的任何竣工检验时，承包商可将此结果通知工程师，并将一份副本呈交雇主，同时附上一份有缺陷责任期内以应有速度及时地完成任何未完工作的书面保证。此项通知书和书面保证应视为承包商要求工程师颁发移交证书的申请。The Engineer shall, within 21 days of the date of delivery of such notice, either issue to the Contractor, with a copy to the Employer, a Taking-Over Certificate stating the date on which, in his opinion, the Works were substantially completed in accordance with the Contract, or give instructions in writing to the Contractor specifying all the work which, in the Engineers opinion, is required to be done by the Contractor before the issue of such Certificate. The Engineer shall also notify the Contractor of any defects in the Works affecting substantial completion that may appear after such instructions and before completion of the Works specified therein. The Contractor shall be entitled to receive such Taking-Over Certificate within 21 days of completion, to the satisfaction of the Engineer, of the Works so specified and remedying any defects so notified. 工程师应于上述通知书发出之日起21天内，或发给承包商一份移交证书，说明工程师认为根据合同要求工程已基本完工的日期，并将一份副本呈交雇主；或给承包商书面指示，经工程师的意见详细说明在颁发该证书之前，承包商尚需完成的全部工作。工程师还应向承包商指出工程中影响基本竣工的任何缺陷，这些缺陷可能会在此所说的给出书面指示之后和工程竣工之前出现。承包商在完成预定工程和修补好所指出的任何缺陷，并使工程师满意后，有权在21天内收到上述移交证书。48.2 Taking Over of Sections or Parts阶段或部分移交Similarly, in accordance with the procedures out in Sub-Clause 48.1, the Contractor may request and the Engineer shall issue a Taking-Over Certificate in respect of :同样，根据第48.1条规定的程序，承包商可以要求工程师，而工程师也应就下列各项签发移交证书：a. any Section in respect of which a separate Time for Completion is provided in the Appendix to Tender, orb. any Substantial part of the Permanent Works which has been both completed to the satisfaction of the Engineer and, other wise than as provided for in the Contract, occupied or used by the Employer, orc. any part of the permanent Works which the Employer has elected to occupy or use prior to completion (where such prior occupation or use is not provided for in the Contract or has not been agreed by the Contractor as a temporary measure).（a）投标书附件中规定有不同竣工时间的任何区段；或（b）已经竣工且工程师认为满意并且已被雇主所占有或使用的永久工程的任何主要部分，但合同另有规定者除外；或（c）在竣工之前已由雇主选择占有并使用的永久工程的任何部分。48.3 Substantial Completion of Parts基本完工部分If any part of the Permanent Works has been substantially completed and has satisfactorily passed any Tests on Completion prescribed by the Contract, the Engineer may issue a Taking-Over Certificate in respect of that part of the Permanent Works before completion of the whole of the Works and, upon the issue of such Certificate, the Contractor shall be deemed to have undertaken to complete with due expedition any outstanding work in that part of the Permanent Works during the Defects Liability Period.如果永久工程的任何部分已基本竣工，并圆满地通过了合同规定的任何竣工检验，那么在全部工程竣工之前，工程师可就该永久工程的一部分颁发移交证书，且一经发给此类证书，即视为承包商已承担在缺陷责任期内及时迅速地完成该部分永久工程的任何未完成的工作。48.4 Surfaces Requiring Reinstatement表面要求复原Provided that a Taking-Over Certificate given in respect of any Section or part of the Permanent Works before completion of the whole of the Works shall not be deemed to certify completion of any groun