FIDIC红皮书中承包商遭受延误和(或)招致费用增加的处理.docx

Contractor Suffers Delay and/or Incurs CostClauseconditionTimeCostProfit1.9Delayed Drawings and InstructionsIf the Contractor suffers delay and/or incurs Cost as a result of a failure of the Engineer to issue the notified drawing and instruction within a time which is reasonable and specified in the notice with supporting details2.1Right of Access to the SiteThe Engineer shall give the Contractor right of access to, and possession of, all part of the Site within the time (or times) stated in the Appendix to Tender.If the Contractor suffers delay and/or incurs Cost as a result of a failure by the Employer to give any such right of possession within such time4.7Setting OutThe Contractor shall set out the Works in relation to original points, lines and levels of reference specified in the Contract or notified by the Engineer.The Employer shall be responsible for any error in these specified or notified items of reference.If the Contractor suffers delay and/or incurs Cost from executing work which was necessitated by an error in these items of reference , and an experienced contractor could not reasonably have discovered such error and avoided this delay and/or Cost4.12Unforeseeable Physical ConditionsIn this Sub-Clause, “physical conditions” means natural physical conditions and man-made and other physical obstructions and pollutants, which the Contractor encounters at the Site when executing the Works, including sub-surface and hydrological conditions but excluding climatic conditions.If the Contractor encounters adverse physical conditions which he considers to have been Unforeseeable, the Contractor shall give notice to the Engineer as soon as practicable.If and to the extent that the Contractor encounters physical conditions which are Unforeseeable, give such a notice, and suffers delay and/or incurs Cost due to these conditions4.24FossilsAll fossils, coins, articles of value or antiquity, and structures and other remains items of geological or archaeological interest found on the Site shall be placed under the care and authority of the Engineer.The Contractor shall, upon discovery of any such finding, promptly give notice to the Engineer.If the Contractor suffers delay and/or incurs Cost from complying with the instruction7.4TestingThe Engineer may vary the location or details of specified tests, or instruct the Contractor to carry out additional tests.If the Contractor suffers delay and/or incurs Cost from complying with the instructions or as a result of a delay for which the Employer is responsible8.4Extension of Time for CompletionIf and to the extent that completion for the purposes of Sub-Clause 10.1Taking Over of the Works and Sections is or will be delayed by any of the following causes:(a) a Variation(unless an adjustment to the Time for Completion has been agreed under Sub-Clause 13.3Variation Procedure) or other substantial change in the quantity of an item of work included in the Contract,(b) a cause of delay giving an entitlement to extension of time under a Sub-Clause of these Conditions,(c) exceptionally adverse climatic conditions,(d) Unforeseeable shortages in the availability of personnel or Goods caused by epidemic or government action, or(e) any delay, impediment or prevention caused by or attributable to the Employer, the Employers Personnel, or the Employers other contractors on the Site.8.5Delay Caused by AuthoritiesIf the following conditions apply, namely:(a) the Contractor has diligently followed the procedures laid down by the relevant legally constituted public authorities in the Country,(b) these authorities delay or disrupt the contractors work, and(c) the delay or disruption was Unforeseeable,then this delay or disruption will be considered as a cause of delay under sub-paragraph (b) of Sub-Clause 8.4 Extension of Time for Completion.8.9Consequences of SuspensionThe engineer may at any time instruct the Contractor to suspend progress of any part or all of the Works.If the Contractor suffers delay and/or incurs Cost from complying with the Engineers instructions under Sub-Clause 8.8 Suspension of Work and/or from resuming the work10.3Interference with Tests on CompletionIf the Contractor suffers delay and/or incurs Cost as a result of this delay in carrying out the Tests on Completion13.7Adjustment for Changes in LegislationIf the Contractor suffers(or will suffer) delay and/or incurs(or will incur) additional Cost as a result of these changes in the Laws or in such interpretations, made after the Base Date16.1Contractors Entitlement to Suspend WorkIf the Engineer fails to certify in accordance with Sub-Clause 14.6 Issue of Interim Payment Certificates or the Employer fails to comply with Sub-Clause 2.4 Employers Financial Arrangements or Sub-Clause 14.7PaymentIf the Contractor suffers delay and/or incurs Cost as a result of suspending work (or reducing the rate of work) in accordance with this Sub-Clause17.4Consequence of Employers Risks(a) war, hostilities (whether war be declared or not), invasion, act of foreign enemies,(b) rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war, within the country,(c) riot, commotion or disorder within the Country by persons other than the Contractors Personnel and other employees of the Contractor and Subcontractors,(d) munitions of war, explosive materials, ionizing radiation or contamination by radio-activity, within the Country, except as may be attributable to the Contractors use of such munitions, explosives, radiation or radio-activity,(e) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds,(f) use of occupation by the Employer of any part of the Permanent Works, except as may be specified in the Contract,(g) design of any part of the Works by the Employers Personnel or by others for whom the Employer is responsible, and(h) any operation of the forces of nature which is Unforeseeable or against which an experienced contractor could not reasonably have been excepted to have taken adequate preventative precautions.If and to the extent that any of the risks listed in Sub-Clause 17.3 above results in loss or damage to the WorksIf the Contractor suffers delay and/or incurs Cost from rectifying this loss or damage17.4Consequence of Employers Risks(f) use of occupation by the Employer of any part of the Permanent Works, except as may be specified in the Contract,(g) design of any part of the Works by the Employers Personnel or by others for whom the Employer is responsible, andIf and to the extent that any of the risks listed in Sub-Clause 17.3 above results in loss or damage to the WorksIf the Contractor suffers delay and/or incurs Cost from rectifying this loss or damage19.4Consequence of Force Majeure“Force Majeure” means an exceptional event or circumstance:(a) which is beyond a Partys control,(b) which such party could not reasonably have provide against before entering into the Contract,(c) which, having arisen, such Party could not reasonably have avoided or overcome, and(d) which is not substantially attributable to the other Party.Force Majeure may include, but is not limited to, exceptional events or circumstances of the kind listed below, so long as conditions (a) to (d) above are satisfied:i. war, hostilities (whether war be declared or not), invasion, act of foreign enemies,ii. rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war,iii. riot, commotion, disorder, strike or lockout by persons other than the Contractors Personnel and other employees of the Contractor and Sub-contractors,iv. munitions of war, explosive material, ionizing radiation or contamination by radio activity, except as may be attributable to the Contractors use of such munitions, explosives, radiation or radio-activity, andv. natural catastrophes such as earthquake, hurricane, typhoon or volcanic activity.If the Contractor is prevented from performing any of his obligations under the Contract by Force Majeure of which notice has been given under Sub-Clause 19.2 Notice of Force Majeure, and suffers delay and/or incurs Cost by reason of such Force Majeure19.4Consequence of Force Majeure“Force Majeure” means an exceptional event or circumstance:(e) which is beyond a Partys control,(f) which such party could not reasonably have provide against before entering into the Contract,(g) which, having arisen, such Party could not reasonably have avoided or overcome, and(h) which is not substantially attributable to the other Party.Force Majeure may include, but is not limited to, exceptional events or circumstances of the kind listed below, so long as conditions (a) to (d) above are satisfied:vi. war, hostilities (whether war be declared or not), invasion, act of foreign enemies,vii. rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war,viii. riot, commotion, disorder, strike or lockout by persons other than the Contractors Personnel and other employees of the Contractor and Sub-contractors,ix. munitions of war, explosive material, ionizing radiation or contamination by radio activity, except as may be attributable to the Contractors use of such munitions, explosives, radiation or radio-activity, andx. natural catastrophes such as earthquake, hurricane, typhoon or volcanic activity.If the event or circumstance is of the kind described in sub-paragraphs (i) to (iv) of Sub-Clause 19.1 Definition of Force Majeure and, in the case of sub-paragraphs (ii) to (iv), occurs in the Country, payment of any such Cost.承包商遭受延误和（或）增加费用的处理条款情况延长工期增加成本增加利润1.9延误的图纸或指示如果由于工程师未能在合理的、并在承包商附有支持细节的通知中规定的时间内再次发出图纸或指示，使承包商遭受延误和（或）招致增加费用2.1进入现场权雇主应在投标书附录中规定的时间（或几个时间）内，给承包商进入和占用现场各部分的权利。如果雇主未能及时给予承包商上述进入和占用的权利，使承包商遭受延误和（或）招致增加费用4.7放线承包商应按照合同规定的或工程师通知的原始基准点、基准线和基准标高对工程放线。雇主应对规定的或通知的这几项基准的任何错误负责如果承包商在实施工程中由于这几项基准中的某项错误必然遭受延误和（或）招致增加费用，而有经验的承包商不能合理发现此类错误，并避免此延误和（或）增加费用4.12不可预见的物质条件“物质条件”系指承包商在现场施工时遇到的自然物质条件、人为的及其他物质障碍和污染物，包括地下和水文条件，但不包括气候条件。如果承包商遇到他认为不可预见的不利物质条件，应尽快通知工程师。如果承包商遇到不可预见的物质条件并发出此项通知，且因这些条件达到遭受延误和（或）增加费用的程度4.24化石在现场发现的所有化石、硬币、有价值的物品或古物，以及具有地质或考古意义的结构物和其他遗迹或物品，应置于雇主的照管和权限下。一旦发现任何上述物品，承包商应迅速通知工程师，工程师应就处理上述物品发出指示。如承包商因执行这些指示遭受延误和（或）增加费用7.4试验根据第13条变更和调整的规定，工程师可以改变进行规定试验的位置或细节，或指示承包商进行附加的试验。如果由于服从这些指示或因雇主应负责的延误和结果，使承包商遭受延误和（或）招致增加费用8.4竣工时间的延长如果由于下列任何原因，致使达到第10.1款工程和单位工程的接受要求的竣工受到或将受到延误的程度，承包商应有权按照第20.1款承包商的索赔的规定提出延长竣工时间：（a） 变更（除非已根据第13.3款变更程序的规定，商定调整了竣工时间）或合同中某项工作量的显著变化；（b） 根据本条件某款，有权获得延长期的原因；（c） 异常不利的气候条件；（d） 由于流行病或政府行为造成可用的人员或货物的不可预见的短缺；（e） 由雇主、雇主人员、或在现场的雇主的其他承包商造成或引起的任何延误、妨碍、或障碍。8.5当局造成的延误如果符合下列条件，即：（a） 承包商已努力遵守了工程所在国依法成立的有关公共当局所制定的程序；（b） 这些当局延误或打乱了承包商的工作；以及（c） 延误或中断是不可预见的；则上述延误或中断可视为根据第8.4款竣工时间的延长（b）项规定的延误原因。8.9暂停的后果工程师可以随时指示承包商暂停工程某一部分或全部的施工。如果承包商因执行工程师根据第8.8款暂时停工的规定发出的指示，和（或）因为复工而遭受延误和（或）招致增加费用10.3对竣工试验的干扰如果由于进行竣工试验的此项延误，使承包商遭受延误和（或）招致增加费用13.7因法律改变的调整对于基准日期后工程所在国的法律有改变（包括施用新的法律，废除或修改现有法律）或对此类法律的司法或政府解释有改变，影响承包商履行合同规定的义务的，合同价格应考虑上述改变导致的任何费用的增减进行调整。如果由于这些基准日期后做出的法律或此类解释的改变，使承包商已（或将）遭受延误和（或）已（或将）招致增加费用16.1承包商暂停工作的权利如果工程师未能按照第14.6款其中付款证书的颁发的规定确认发证，或雇主未能遵守第2.4款雇主的资金安排或第14.7款付款的规定，承包商可在不少于21天前通知雇主，暂停工作（或放慢工作速度），除非并直到承包商根据情况和通知中所述，收到了付款证书、合理的证明或付款为止。如果因按照本款暂停工作（或放慢工作速度），使承包商遭受延误和（或）招致增加费用17.4雇主风险的后果（a） 战争、敌对行为（不论宣战与否）、入侵、外敌行动；（b）