国际工程合同管理实用材料.doc

红皮书涉及承包商向雇主索赔的条款
序号
条 款
事 由
工期
付款（有利润）
费用（无利润）
其他
1
1.9迟到的图纸和指示
工程师未在合理的时间内发布图纸和指示，造成承包商误期并招致费用
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2
2.1进入现场的权力
雇主未能给与承包商进入或占有现场的权利，造成承包商误期并招致费用
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3
4.7放线
雇主提供的基准点错误，造成承包商误期并招致费用
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4
4.12不可预见的外界条件
承包商遇到了不可预见的外部条件造成误期并招致费用
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5
4.24化石
承包商因现场发现化石或其他文物造成误期并招致费用
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6
7.4检验
在检验过程中，承包商因执行工程师指示或因雇主的延误造成误期和（或）招致费用
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7
8.5当局引起的延误
如因合法当局的原因给承包商造成了不可预见的误期，承包商可索赔工期延长
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8
8.9停工的后果
费承包商的责任引起的临时停工，造成承包商误期并招致费用
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9
9.2拖延的检验
如雇主拖延竣工检验，承包上可援引第7.4款和（或）10.3款
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10
10.2接收部分工程
雇主接管和（或）使用部分工程承包商招致费用

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11
10.3对竣工检验的干扰
由于业主原因使承包商不能及时进行竣工检验，造成承包商误期并招致费用
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12
11.8承包商的调查
如果缺陷非承包商的原因造成，承包商可以索赔调查产生的费用

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13
12.4省略
如果作为变更而发生的省略使承包商遭受损失，承包商因得到补偿

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14
13.2价值工程
如果承包商提出的变更导致该部分工程的合同价值减少且雇主从中受益，则承包商可享一半的利益

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15
13.7相应于法律变更的调整
如果立法变更导致承包商工期延误或发生额外费用，承包商可得到工期及费用补偿
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16
15.5雇主终止的权利
雇主为了自己方便而终止合同，承包商可按照第19.6款的规定得到补偿

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17
16.1承包商停工的权利
如工程师未能签发证书或雇主未能提供提供资金安排的证据或业主未能如期支付，承包商可暂停工程并提出工期及费用索赔
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18
16.4终止时的支付
如业主严重违约或破产，承包商可终止合同并索赔由此而造成的损失

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17.4雇主风险的结果
如雇主的风险使工程、物资或承包商的文件遭受损失，承包商可提出索赔
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20
18.1对保险的一般要求
如雇主作为保险方而保险失败，承包商可向雇主索赔由此造成的损失
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21
19.4不可抗力的后果
如果承包商因不可抗力的影响发生费用或造成工期延误，雇主应对此进行赔偿
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The Engineer Office ( )
Project: Doha High Rise Building
The Contractor:
Site memorandum
Site Memo No. 275 Date: 08-Nov-2012

Messrs: Hydrochina Corporation Ldt
Attention: Mr. Guo Haizhou
Subject: Quality and Necessary Repair Works Drawing Ref.:
Spec. Ref.:
B.O.Q. Ref.:

We attached for you kindly attention photographs that have been taken from the Site indicating repair works that have been carried out by yourselves. They also show areas that require repair works and/or your immediate attetion. It is to be noted that repair works to concrete must be carried out by following approved method statements and using known and accepted rendering material furthermore, exposed steel reinforcement bars must be treated with that would provide protection to the steel bars equivalent to the specified concrete cover.
Your cooperation and prompt action would be highly apprciated

Project Manager

Signature
Date:
Distribution Employer’s Rep. Q.S. Project Manager
Received By:
Contractor’s Signature
Date:

SMM7工程分类表
A. Preliminaries/General condtion
B. Existing site/building/services
D. Groud work
E. In situ concrete/Large precast concrete
F. Masonary
G. Structure/Carcassing metal/timber
H. Cladding/Covering
J. Waterproofing
K. Lining/Sheathing
L. Windows/Doors/Stairs
M. Surface finishes
N. Furniture/Equipment
P. Building/fabric sundries
Q. Paving/Planning/Fencing/Site furniture
R. Disposal system
S. Piped supply systems
T. Mechanical heating/Cooling/Refrigeration system
U. Ventlation/Air conditioning system
V. Electrical supply/power/lighting system
W. communication/Security/Control system
X. Tansportation system
Y. Mechanical and electrical service measurement

Ref.: XYZ-CE-123 Date: 25th July, 2012
To:
Attention:
Subject: Directive to Proceed

Dear Sir,
The reference letter indicates that XYZ Corp. considers the Post Weld Heat Treatment of the Liquid Effluent Tank to be out of scope and requests a Change Notice to proceed with the work. The company considers this work to be in scope work (OPTION: “but will resch this matter and advise separately as to final decision”).
In accordance with article ___________, entitled Contract interpretation, XYZ Corp. is hereby directed to proceed with the Post Weld Heat Treatment, and if XYZ Corp. still consider this work to be out of scope, treat such work as if it were a change and segregate costs and maintain separate cost record. This direction is not to be construed by XYZ Corp. as the company’s acceptance that this work is a change, but does not protect both the interests of the company with respect to continuation of the work and the interests of XYZ Corp. should this work be determined later to be a bona fide change.
Please signify your intent with respect to this matter in the space provided below. If you have any questions, please contact (contract administrator) at [phone]

Yours faithfully
For and on behalf of
(Company’s Authorized Representative)
Work proceeding, accepted as in scope
Work proceeding, well prepare change proposal
Authorized Representative:________________
Name type on printed: ___________________

Release of Certificate
COMPANY JOB NO

With reference to Subcontract No. ___________________________dated ________________
as amended, between the undersigned Subcontractor,
__________________________________________________(NAME OF SUBCONTRACTOR)
and ___________________________________________________________(CONTRACTOR)
at ___________________________________________( LOCATION OF OWNER PERMISES)
The undersigned herby certificates and represents that is has made full payment of all costs, charge and expense incurred by it or on its behalf for work labor, material and equipment supplied to the foregoing premises and/or used in connection with the Work under said Subcontract.

The undersigned further certificates that to its best knowledge and belief, each of its subcontractors and materialmen has made full payment of all cost, charge and expence incurred by them or on their behalf for work, labor, service, material and equipment supplied to the foregoing premises and/or used by them in connection with the Undersigned’s work under said Subcontract and has obtained releases to the effect.
In consideratoin of _______________as final payment under the subcontract, the Undersigned
Hereby unconditionally releases and forever discharges
The owner _____________________________________
And contractor___________________________________
And the owner’s premises and property from all claims, liens and obligations of every nature arising out of or in connection with the performance of the said subcontract and all change orders and amendments thereto except as set forth below:

Additional consideration for this payment, the Subcontractor agrees to the fullest extent of the law to, indemnify and hold harmless the said Owner and contractor from and against all cost, losses damages, claims, cause of actions, judgments and expenses, inclusing attorney’s fees, arising out of or in connection with claims against the said Owner or contractor which cliams arise out of the preformance of the work under the contract and which may be asserted by the subcontractor or any of its suppliers, contractors of any tier or any of their representatives, officers, agents or employees except those claims listed above, and except for claims arising out of sole negligence or willful misconduct of the party indemnitied of held harmless.
The foregoing shall not relieve the Undersigned of its obligations under the provisions of said Subcontract, as amended, which by their nature survive completion of the work including, without limitation, warranties gurantee and indemnities

Executed this _____________________ day of ______________
_____________(name of subcontractor)
SIGNED TITLE

Partial Release and Certificate of payment
COMPANY JOB NO

With reference to Subcontract No. _________________________dated ________________
as amended, between the undersigned Subcontractor,
__________________________________________________(NAME OF SUBCONTRACTOR)
and ___________________________________________________________(CONTRACTOR)
at ___________________________________________( LOCATION OF OWNER PERMISES) The undersigned herby certificates and represents that is has made full payment of all costs, charge and expense incurred by it or on its behalf for work, labor, material and equipment supplied to the foregoing premises and/or used in connection with the Work under said Subcontract through ______________ (date)

The undersigned further certificates that to its best knowledge and belief, each of its subcontractors and materialmen has made full payment of all cost, charge and expence incurred by them or on their behalf for work labor, service, material and equipment supplied to the foregoing premises and/or used by them in connection with the Undersigned’s work under said Subcontract through____________________________(date).
In consideratoin of _______________as payment under the Subcontract for all work performed through _____________________ (date) the Undersigned hereby unconditionally releases and forever discharges
The owner _____________________________________
And contractor___________________________________
And the owner’s premises and property from all claims, liens and obligations of every nature arising out of or in connection with the performance of the said subcontract and all changes orders and amendments thereto, through _____________ (date) except as set forth below:

Additional consideration for this payment, the Subcontractor agrees to the fullest extent of the law to, indemnify and hold harmless the said Owner and contractor from and against all cost, losses damages, claims, cause of actions, judgments and expenses, inclusing attorney’s fees, arising out of or in connection with claims against the said Owner or contractor which cliams arise out of the preformance of the work under the subcontract through ________ (date) and which may be asserted by the subcontractor or any of its suppliers, contractors of any tier or any of their representatives, officers, agents or employees except those claims listed above, and except for claims arising out of sole negligence or willful misconduct of the party indemnitied of held harmless.
The foregoing shall not relieve the Undersigned of its obligations under the provisions of said Subcontract, as amended, which by their nature survive completion of the work including, without limitation, warranties gurantee and indemnities
Executed this _____________________ day of ______________
_____________(name of subcontractor)
BY_________________________ TITLE_________________________

提前占有工程通知

Notice of Beneficial Occupancy
(ADDRESS TO CONTRACTOR)
Attention: ________________ Project Manager
Subject: XYZ Project
Contract No. 12345-M-XYZ
NOTICE OF BENEFICIAL OCCUPENCY
Dear__________________
In accordance with the general condition, entitled “use of Completed Portions of the Work”, the customer intends to take possession of a portion of the contract work on __________,2012. The work which the customer will occupy is described as
Based upon the joint inspection of that area with you on ____________, the work shown on the attached list remians to be completed or corrected. Please contact the undersigned to arrange a schedule for completion of these work items which will be acceptable to the customer.
Effective upon the customer taking Beneficial Occupancy, you are relieved of responsibility for any damage which may occur as the result of the occupancy or use of the work, and of maintenance of work or systems within the area.
Beneficial Occupancy of this area dose not continue acceptance of the work or of the contract. You are reminded that the warranty duration extends_________ months from the Final Acceptance of the Project as a whole by the customer. That date is currently forecast to be _________. We recommend you periodically contact _________ if you wish to be kept apprised of the actual acceptance date extends

Very truly yours
COMPANY
CONCUR
_______________(contractor name)

实质性竣工通知

Notice of Substantial Completion
(ADDRESS TO CONTRACTOR)
Attention: ________________ Project Manager
Subject: Certificate of Substantial Completion
(Reference: If Contractor has requested Substantial Completion, reference its letter)

Dear__________________
It had been mutually agreed that (all works under the contract) (a portion of the work under contract) is substantially complete. In accordance with the General Conditions, attached herewith is a fully executed Certificate of Substantial Completion covering (all works under contract) (that part of work described in the Certificate) and the Punch List of remain items has been resolved. As reflected in the Certificate, the work is determined to be substantially complete as of.
The provision of warranty as described in General Conditions continues to be in full force and effect, and are supplemented by other requirements of the technical specifications. Maintenance of the subsequent to (will be performed by others) (will remain your responsibility until Final Completion and Aceptance of the contract by the customer)
Please note that a formal billing for all costs or fees which you believe to be due under the contract must be submitted within thirty (30) days of the date of the Substantial Completion, or.

Very truly yours
COMPANY
______________
_______/_____
Attachment
Response Required:

Date : _________________________
FACILITY/AREA:
______________________________
CONTRACTOR:
______________________________
CONTRACT NO:
______________________________
PUNCH LIST COMPLETION DATE:
______________________________
This is to certify the works described above has been substantially completed in accordance with the contract and associated document. The facility/area designated above has been inspected by representatives of all parties, and is completed with the exception of attached Punch List which contractor agrees to complete by the date designated.
The extended warranty period commences on the date the remedial work is completed as described in the punch list or from the date of Final Acceptance of the Project as a w