红皮书涉及承包商向雇主索赔的条款国际工程合同管理实用材料.doc

1、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11.9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22.1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34.7放线雇主提供的基准点错误，造成承包商误期并招致费用44.12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54.24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67.4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78.5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

2、的误期，承包商可索赔工期延长88.9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99.2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1010.2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1110.3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1211.8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1312.4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1413.2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1

3、513.7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1615.5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1716.1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1816.4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1917.4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2018.1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？211

4、9.4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The Engineer Office ( )Project: Doha High Rise BuildingThe Contractor:Site memorandumSite Memo No. 275 Date: 08-Nov-2012Messrs: Hydrochina Corporation LdtAttention: Mr. Guo HaizhouSubject: Quality and Necessary Repair Works Drawing Ref.: Spec. Ref.: B.O.Q.

5、 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 o

6、ut 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

7、apprciatedProject ManagerSignatureDate:Distribution Employers Rep. Q.S. Project Manager Received By: Contractors Signature Date:SMM7工程分类表A. Preliminaries/General condtionB. Existing site/building/servicesD. Groud work E. In situ concrete/Large precast concreteF. MasonaryG. Structure/Carcassing metal

8、/timberH. Cladding/CoveringJ. WaterproofingK. Lining/SheathingL. Windows/Doors/StairsM. Surface finishesN. Furniture/EquipmentP. Building/fabric sundriesQ. Paving/Planning/Fencing/Site furnitureR. Disposal systemS. Piped supply systemsT. Mechanical heating/Cooling/Refrigeration systemU. Ventlation/A

9、ir conditioning systemV. Electrical supply/power/lighting systemW. communication/Security/Control systemX. Tansportation system Y. Mechanical and electrical service measurementRef.: XYZ-CE-123 Date: 25th July, 2012To:Attention:Subject: Directive to ProceedDear Sir,The reference letter indicates that

10、 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

11、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 n

12、ot to be construed by XYZ Corp. as the companys 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 inte

13、nt with respect to this matter in the space provided below. If you have any questions, please contact (contract administrator) at (509) 377-1234 Yours faithfully For and on behalf of (Companys Authorized Representative) Work proceeding, accepted as in scope Work proceeding, well prepare change propo

14、sal Authorized Representative:_ Name type on printed: _Release of CertificateCOMPANY JOB NOWith 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 re

15、presents 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 knowl

16、edge 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 Undersigneds work under

17、 said Subcontract and has obtained releases to the effect.In consideratoin of _as final payment under the subcontract, the UndersignedHereby unconditionally releases and forever dischargesThe owner _And contractor_And the owners premises and property from all claims, liens and obligations of every n

18、ature 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 Owne

19、r and contractor from and against all cost, losses damages, claims, cause of actions, judgments and expenses, inclusing attorneys 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

20、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.

21、 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 indemnitiesExecuted this _ day of _ _(name of subcontractor)SIGNED TIT

22、LEPartial Release and Certificate of paymentCOMPANY JOB NOWith 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 pa

23、yment 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,

24、 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 Undersigneds work under said Subcontract

25、 through_(date).In consideratoin of _as payment under the Subcontract for all work performed through _ (date) the Undersigned hereby unconditionally releases and forever dischargesThe owner _And contractor_And the owners premises and property from all claims, liens and obligations of every nature ar

26、ising 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 th

27、e said Owner and contractor from and against all cost, losses damages, claims, cause of actions, judgments and expenses, inclusing attorneys 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 subcontr

28、act 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 part

29、y 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 indemnitiesExecuted this _ day of _ _(n

30、ame of subcontractor)BY_ TITLE_提前占有工程通知Notice of Beneficial Occupancy(ADDRESS TO CONTRACTOR)Attention: _ Project ManagerSubject: XYZ Project Contract No. 12345-M-XYZ NOTICE OF BENEFICIAL OCCUPENCYDear_In accordance with the general condition, entitled “use of Completed Portions of the Work”, the cus

31、tomer intends to take possession of a portion of the contract work on _,2012. The work which the customer will occupy is described asBased 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

32、 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

33、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 recomme

34、nd 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 ManagerSubject: Certificate of Substantial Completion(Reference: If

35、 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 o

36、f 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 Gen

37、eral 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)P

38、lease 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 _ _/_AttachmentResponse Required:Date : _FACILITY/AREA:_CONTRACTOR:_CONTRACT NO:_PUN

39、CH 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