中英对照-FIDIC设计－建造与交钥匙工程合同条件（1995橘皮书重排格式）.doc

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1、FIDIC 1995FIDICFEDERATION INTERNATIONALE DES INGENIEURS-CONSEILSINTERNATIONAL FEDERATION OF CONSULTING ENGINEERSINTERNATIONLE VEREINIGUNG BERATENDER INGENIEUREFEDERACION INTERNACIONAL DE INGENIEROS CONSULTORESCONDITIONS OF CONTRACT FORDESIGN - BUILD AND TURNKEYPART I GENERAL CONDITIONSSection V Gene

2、ral Conditions Commercial Package FIRST EDITION 1995 ISBN 2-88432-010-5CONTENTSPART I: GENERAL CONDITIONS1THE CONTRACT1.1Definitions1.2Headings and Marginal Notes1.3Interpretation1.4Law and Language1.5Contract Agreement1.6Priority of Documents1.7Documents on Site1.8Communications1.9Provision of Cons

3、truction Documents1.10Employers Use of Contractors Documents1.11Contractors Use of Employers Documents1.12Confidential Details1.13Compliance with Statutes, Regulations and Laws1.14 Joint and Several Liability 2THE EMPLOYER2.1General Obligations2.2Access to and Possession of the Site2.3Permits, Licen

4、ses or Approvals2.4Employers Entitlement to Terminate3THE EMPLOYERS REPRESENTATIVE3.1Employers Representatives Duties and Authority3.2Requirements for Employers Representative3.3Employers Representatives Authority to Delegate3.4Employers Representatives Instructions3.5Employers Representative to Att

5、empt Agreement4THE CONTRACTOR4.1General Obligations4.2Performance Security4.3Contractors Representative4.4Co-ordination of the Works4.5Subcontractors4.6Assignment of Subcontractors Obligations4.7Setting Out4.8Quality Assurance4.9Site Data4.10Matters Affecting the Execution of the Works4.11Unforeseea

6、ble Sub-Surface Conditions4.12Access Route4.13Rights of Way and Facilities4.14Programme4.15Progress Reports4.16Contractors Equipment4.17 Safety Precautions4.18 Protection of the Environment4.19Electricity, Water and Gas4.20Employer Supplied Machinery and Materials4.21Clearance of Site4.22Security of

7、 the Site4.23Contractors Operations on Site4.24Fossils5DESIGN5.1General Obligations5.2Construction Documents5.3Contractors Undertaking5.4Technical Standards and Regulations5.5Samples5.6As-Built Drawings5.7Operation and Maintenance Manuals5.8Error by Contractor5.9Patent Rights6STAFF AND LABOUR6.1Enga

8、gement of Staff and Labour6.2Rates of Wages and Conditions of Labour6.3Persons in the Service of Others6.4Labour Laws6.5Working Hours6.6Facilities for Staff and Labour6.7Health and Safety6.8Contractors Superintendence6.9Contractors Personnel6.10Disorderly Conduct7PLANT, MATERIALS AND WORKMANSHIP7.1M

9、anner of Execution7.2Delivery to Site7.3Inspection7.4Testing7.5Rejection7.6Ownership of Plant and Materials8COMMENCEMENT, DELAYS AND SUSPENSION8.1Commencement of Works8.2Time for Completion8.3Extension of Time for Completion8.4Delays Caused by Authorities8.5Rate of Progress8.6Liquidated Damages for

10、Delay8.7Suspension of Work8.8Consequences of Suspension8.9Payment for Plant and Materials in Event of Suspension8.10Prolonged Suspension8.11Resumption of Work9TESTS ON COMPLETION9.1Contractors Obligations9.2 Delayed Tests9.3 Retesting9.4Failure to Pass Tests on Completion10EMPLOYERS TAKING OVER10.1T

11、aking-over Certificate10.2Uses by the Employer10.3Interference with Tests on Completion11 TESTS AFTER COMPLETION11.1Employers Obligations11.2Delayed Tests11.3Retesting11.4Failure to Pass Tests after Completion12DEFECTS LIABILITY12.1 Completion of Outstanding Work and Remedying Defects12.2Cost of Rem

12、edying Defects12.3 Extension of Contract Period12.4Failure to Remedy Defects12.5 Removal of Defective Work12.6Further Tests12.7Right of Access12.8Contractor to Search12.9Performance Certificate12.10Unfulfilled Obligations13CONTRACT PRICE AND PAYMENT13.1The Contract Price13.2Advance Payments13.3Appli

13、cation for Interim Payment Certificates13.4Schedule of Payments13.5Plant and Materials for the Permanent Works13.6 Issue of Interim Payment Certificates13.7Payment13.8Delayed Payment13.9Payment of Retention Money13.10Statement at Completion13.11Application for Final Payment Certificate13.12Discharge

14、13.13Issue of Final Payment Certificate13.14Cessation of Employers Liability13.15Calculation of Payments in Foreign Currency13.16Changes in Legislation14VARIATIONS14.1Right to Vary14.2Value Engineering14.3Variation Procedure14.4Payment in Applicable Currencies14.5Provisional Sums15DEFAULT OF CONTRAC

15、TOR15.1Notice to Correct15.2Termination15.3 Valuation at Date of Termination15.4 Payment after Termination15.5 Bribes16DEFAULT OF EMPLOYER 16.1Contractors Entitlement to Suspend Work 16.2Termination 16.3Cessation of Work and Removal of Contractors Equipment 16.4Payment on Termination17RISK AND RESPO

16、NSIBILITY 17.1Indemnity 17.2Contractors Care of the Works 17.3Employers Risks 17.4Consequences of Employers Risks 17.5Contractors Risks 17.6Limitation of Liability18INSURANCE 18.1Insurance for Design 18.2Insurance for Works and Contractors Equipment 18.3Insurance against Injury to Persons and Damage

17、 to Property 18.4Insurance for Workers 18.5General Requirements for Insurances19FORCE MAJEURE 19.1Definition of Force Majeure 19.2Effect of Force Majeure Event 19.3Contractors Responsibility 19.4Employers Responsibility 19.5Payment to Contractor 19.6Optional Termination, Payment and Release 19.7Rele

18、ases from Performance under the Law20CLAIMS, DISPUTES AND ARBITRATION 20.1Procedure for Claims 20.2Payment of Claims 20.3Dispute Adjudication Board 20.4Procedure for Obtaining Dispute Adjudication Boards Decision 20.5Amicable Settlement 20.6Arbitration 20.7Failure to Comply with Dispute Adjudication

19、 Boards Decision 20.8Expiry of Dispute Adjudication Boards Appointment 62 / 58PART I - GENERAL CONDITIONS1The ContractDefinitions1.1In the Contract (as defined below) the words and expressions defined blow shall have the meanings assigned to them, except where the context requires, otherwise:1.1.1Do

20、cuments1.1.1.1 “Contract” means these Conditions of Contract (Parts I and II), the Employers Requirements, the Tender, the Contractors Proposal, the Schedules, the Letter of Acceptance, the Contract Agreement (if completed) and such further documents as may be expressly incorporated in the Letter of

21、 Acceptance or Contract Agreement (if completed).1.1.1.2 “Employer Requirements” means the description of the scope, standard, design criteria (if any) and programme of work, as included in the Contract, and any alterations and modifications thereto in accordance with the Contract.1.1.1.3“Tender” me

22、ans the Contractors priced offer to the Employer for the Works, as accepted by the Letter of Acceptance.1.1.1.4 “Appendix to Tender”, means the completed appendix comprised in the Tender.1.1.1.5 “Contractors Proposal” means the preliminary design submitted with the Tender, as included in the Contrac

23、t.1.1.1.6 “Schedules” means the information and data submitted with the Tender, as included in the Contract.1.1.1.7 “Schedule of Payments” means the Schedule designated as such (if any), referred to in Sub-Clause 13.4.1.1.1.8 “Letter of Acceptance” means the formal acceptance by the Employer of the

24、Tender.1.1.1.9 “Contract Agreement” means the contract agreement (if any) referred to in Sub-Clause 1.5.1.1.2Persons1.1.2.1 “Employer” means the person named as such in the Appendix to Tender and the legal successors in title to such person, but not (except with the content of the Contractor) any as

25、signee of such person.1.1.2.2 “Contractor” means the person whose Tender has been accepted by the Employer and the legal successors in title to such person, but not (except with the content of the Employer) any assignee of such person.1.1.2.3 “Employers Representative” means the person appointed by

26、the Employer to act as Employers Representative for the purposes of the Contract and named as such in the Appendix to Tender, or other person appointed from time to time by the Employer and notified as such to the Contractor.1.1.2.4“Contractors Representative” means the person (if any) named as such

27、 in the Contract or other person appointed from time to time by the Contractor under Sub-Clause 4.3.1.1.2.5“Subcontractor” means any person named in the Contract as a subcontractor, manufacturer or supplier for a part of the Works or any person to whom a part of the Works has been subcontracted in a

28、ccordance with Sub-Clause 4.5, and the legal successors in title to such person, but not any assignee of such person.1.1.2.6 “Dispute Adjudication Board” means the person or persons named as such in the Contract or other person or persons appointed from time to time under Sub-Clause 20.3.1.1.3Dates,

29、 Times and Periods1.1.3.1“Base Date” means the date 28 days prior to the latest date for submission of the Tender for acceptance by the Employer. (Latest date)1.1.3.2“Effective Date” means the date on which the Contract entered into legal force and effect.1.1.3.3“Commencement Date” means the date on

30、 which the Contractor receives the notice to commence issued by the Employers Representative under Sub-Clause 8.1.1.1.3.4“Time for Completion” means the time for completing the Works or a Section (as the case may be), and passing the Tests on Completion, as stated in the Appendix to Tender (or as ex

31、tended under Sub-Clause 8.3), calculated from the Commencement Date.1.1.3.5“Contract Period” means the period from the Commencement Date to the date 365 days after the date on which the whole of the Works shall have been completed as certified by the Employers Representative under Clause 10 (or as e

32、xtended under Sub-Clause 12.3).l.1.3.6 “day” means a calendar day and “year” means 365 days.1.1.4Tests and Completion1.1.4.1“Tests on Completion” means the tests specified in the Contract and designated as such, and any other such tests as may be agreed by the Employers Representative and the Contra

33、ctor or instructed as a Variation, which are to be carried out before the Works or any Section are taken over by the Employer.1.1.4.2“Taking-Over Certificate” means a certificate issued under Clause 10.1.1.4.3“Tests after Completion” means the tests specified in the Contract and designated as such,

34、which are to be carried out after the Works or any Section are taken over by the Employer.1.1.4.4“Performance Certificate” means the certificate issued by the Employers Representative under Sub-Clause 12.9.1.1.5Money and Payments1.1.5.1“Contract Price” means the sum stated in the Letter of Acceptanc

35、e as payable to the Contractor for the design, execution and completion of the Works and the remedying of any defects in accordance with the provisions of the Contract.1.1.5.2“Local Currency” means the currency of the Country.1.1.5.3“Foreign Currency” means a freely convertible currency, named in th

36、e Appendix to Tender as a currency in which part of the Contract Price is payable, but not the Local Currency.1.1.5.4“Retention Money” means the accumulated retention monies retained by the Employer under Sub-Clause 13.3.1.1.5.5“Provisional Sum” means a sum (if any) specified in the Contract and des

37、ignated as such, for the execution of any part of the Works or for the supply of Plant, Materials or services.1.1.5.6“Cost” means all expenditure properly 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

38、.1.5.7“Interim Payment Certificate” means any payment certificate issued by the Employers Representative under Clause 13, other than the Final Payment Certificate.1.1.5.8“Final Payment Certificate” means the payment certificate issued by the Employers Representative under Sub-Clause 13.13.1.1.5.9“Fi

39、nal Statement” means the agreed statement defined in Sub-Clause 13.11.1.1.6Other Definitions1.1.6.1“Construction Documents” means all drawings, calculations, computer software (programs), samples, patterns, models, operation and maintenance manuals, and other manuals and information of a similar nat

40、ure, to be submitted by the Contractor.1.1.6.2“Variation” means any alteration and/or modification to the Employers Requirements, which is instructed by the Employers Representative or approved as a variation by the Employers Representative, in accordance with Clause 14.1.1.6.3“Works” means the Perm

41、anent Works and the Temporary Works or either of them as appropriate.1.1.6.4“Permanent Works” means the permanent works to be designed and executed in accordance with the Contract.1.1.6.5“Temporary Works” means all temporary works of every kind (other than Contractors Equipment) required for the exe

42、cution and completion of the Works and the remedying of any defects.1.1.6.6“Plant” means machinery and apparatus intended to form or forming part of the Permanent Works, including the supply-only items (if any) which are to be supplied by the Contractor as specified in the Contract.1.1.6.7“Materials

43、” means things of all kinds (other than Plant) to be provided and incorporated in the Permanent Works by the Contractor, including the supply-only items (if any) which are to be supplied by the Contractor as specified in the Contract.1.1.6.8“Contractors Equipment” means all machinery, apparatus and

44、other things (other than Temporary Works) required for the execution and completion of the Works and the remedying of any defects, but does not include Plant, Materials, or other things intended to form or forming part of the Permanent Works.1.1.6.9“Section” means a part of the Works specifically de

45、fined in the Appendix to tender as a Section (if any).1.1.6.10“Site” means the places provided by the Employer where the Works are to be executed and to which Plant and Materials are to be delivered, and any other places as may be specifically designated in the Contract as forming part of the Site.1.1.6.11“Country” means the country in which the Works are to be executed and to which Plant and Materials are to be delivered.Headings and1.2The headings and marginal notes are not part of these Conditions, andMarginal Notesshall not be taken into consideration in their interpr