FIDIC课程设计(完).doc

国际工程合同管理课程设计国际工程合同管理课程设计 FIDIC 合同条件专用条款合同条件专用条款 姓名 姓名 马广启马广启 班级 班级 09 国工国工 1 学号 学号 200922275 指导教师 指导教师 韦嘉韦嘉 日期 日期 2012 06 25 1 Contents 1 GENERAL PROVISIONS 1 1 1Definitions 1 5Priority of Documents 1 6Contract Agreement 1 8 Care and Supply of Documents 1 9 Supply of Documents 1 11 Delayed Drawings or Instructions 1 12 Confidential Details 1 13 Compliance with Laws 1 15 Details to be Confidential 2 THE EMPLOYER 7 2 1 Right of Access to the Site 2 3 Employer s Personnel 2 6 The Beneficiary 3 THE ENGINEER 7 3 1 Engineer s Duties and Authority 3 6 Management Meetings 4 THE CONTRACTOR 9 4 1 Contractor s General Obligations 4 6 Cooperation 4 8 Safety Procedures 4 9 Quality Assurance 4 10 Site Data 4 12 Unforeseeable Physical Conditions 4 14 Avoidance of the Interference 4 15 Access Route 4 17 Contractor s Equipment 4 20 Employer s equipment and free issue material 4 21 Progress Report 4 24 Fossils 4 22 security of the site 4 24 Fossils 4 25 Works Diar 4 26 CONSTRUCTION LOG BOOKS 4 27 Operation and maintenance manuals 2 5 NOMINATED CONTRACTORS 15 6 STAFF AND LABOUR 16 6 1 Engagement of Staff and Labour 6 3 Persons in the Service of Employer 6 7 Health and safety 6 8 Contractor s Superintendence 6 9 Contractor s Personnel 6 12 Foreign staff and labour 6 13 measures against insect and pest nuisance 6 15 Supply of water 6 14 alcoholic liquor or drugs 7 PLANT MATERIALS AND WORKMANSHIP 19 7 1 Manner of Execution 7 9 Technical standards and Regulations 8 COMMENCEMENT DELAYS AND SUSPENSION 20 8 1 Commencement of Work 8 4 Extension of Time for Completion 10 Employer s taking over 21 10 2 Taking Over of Parts of the Works 11 COMMENCEMENT DELAYS AND SUSPENSION 21 12 MEASUREMENT AND EVALUATION 21 12 2 Works to be Measured 13 VARIATIONS AND ADJUSTMENTS 22 13 3 Variation Procedures 13 5 Provisional Sums 14 CONTRACT PRICE AND PAYMENT 22 14 3 Application for Interim Payment Certificates 14 8 Delayed Payment 14 16 Audit and checks 16 Suspension and Termination by Contractor 25 16 2 Termination by Contractor 3 17 Risk and Responsibility 25 17 7 Use of Employer s Accommodation Facilities 18 Insurance 26 20 claims Dispute and Arbitration 26 20 4 Obtaining dispute adjudication board s decision 4 Clause 1 General Provisions Sub Clause 1 1 Definitions It may be necessary to delete some of the definitions and replaced 1 1 1 1 Contract means the Form of Offer and Acceptance Contract Data these Conditions the Specifications the Drawings the Schedules and the further documents if any which are listed in the Form of Offer and Acceptance and further includes drawings and documents or parts thereof which any of the aforesaid documents incorporate by reference 1 1 1 2 Contract Agreement means the document called Form of Offer and Acceptance 1 1 1 3 Letter of Acceptance means that section of the Form of Offer and Acceptance called Acceptance 1 1 1 4 Letter of Tender means that section of the Form of Offer and Acceptance called Offer 1 1 1 5 Specification means that document entitled Scope of Work as included the Contract and any additions and modifications to the Scope of Work in accordance with the Contract Such document specifies the Works 1 1 1 7 Schedules means the document s entitled Tender Schedules completed by the Contractor and submitted with his tender offer as included in the Contract Such document s may include the Bill of Quantities data lists and schedules of rates and or prices 1 1 1 8 Tender means that section of the Form of Offer and Acceptance called Offer and all other documents which the Contractor submitted as Returnable Documents as included in the Contract 1 1 1 9 Appendix to Tender means the completed section entitled Appendix to Tender included in this Contract Data 5 Sub Clause 1 1 3 Add new Sub Clause 1 1 3 10 Taking Over Minutes upon Completion of Works means the minutes issued and signed in accordance with the Applicable Laws by a taking over commission appointed by the Employer at the Engineer s request recommending or not the taking over of the Works Section or part as the case may be by the Employer under Clause 10 1 1 3 11 Final Taking Over Minutes means the minutes issued and signed in accordance with the Applicable Laws by a final taking over commission appointed by the Employer at the Engineer s request recommending or not the final taking over of the Works Section or part as the case may be by the Employer under Sub Clause 11 9 Insert new Sub Clause at the end of 1 1 4 12 1 1 4 13 Unit Price is the price of a unit quantity in the Bill of Quantities excluding VAT 1 1 4 14 Defect includes any failure to comply with the requirements of the Technical Specifications or the Contractor s Proposal or the Employer s Requirements or any other failure to comply with the provisions of the Contract or with the legal provisions regarding the quality of the Works Sub Clause 1 1 6 2 Delete Sub Clause 1 1 6 2 and substitute with Country means Spain Sub Clause 1 5 Priority of Documents Delete Sub Clause 1 5 and substitute The documents forming the Contract are to be taken as mutually explanatory of one another For the purposes of interpretation the priority of the documents shall be in accordance with the following sequence a the Contract Agreement b the Letter of Tender c the Particular Conditions 6 d these General Conditions e the Specification f the Drawings g the Schedules and h any other documents forming part of the Contract Addenda and memoranda shall have the order of precedence of the documents they are modifying If an ambiguity or discrepancy is found the Engineer has authority to issue any instruction which he considers necessary to resolve an ambiguity or discrepancy Sub Clause 1 6 Contract Agreement Delete first sentence of Sub Clause 1 6 Sub clause1 8 Care and Supply of Documents Add In addition to any other Contractor s Documents necessary under the Contract the Contractor is responsible for the preparation of Contractor s Documents in the form of detailed construction drawings using AutoCAD software working and or shop drawings based on the Drawings for construction issued by the Engineer This includes if not otherwise specified the preparation by the Contractor of all detailed concrete outline and detailed steel reinforcement drawings and bar bending schedules to suit the Contractor s Works construction methods sequencing and temporary Project construction stages based on general concrete outline and steel reinforcement arrangement drawings main steel reinforcement issued by the Engineer The Contractor shall perform any required structural analysis related to temporary construction stages anticipated by him for the execution of works The Contractor shall prepare detailed drawings for excavations embankments roads and architectural works and shall anticipate and be responsible for updating the Contractor s Documents to incorporate changes to suit modifications arising from the encountered conditions revealed during construction including instructions issued by the Engineer drawing revisions issued by the Engineer and or other contractors required by me incorporation of the equipment and installations from the M E Contracts 7 All structural steel works such as but not limited to the powerhouse roof including dome structures roof structure of switchgear station steel beams for cranes etc shall be designed by the Contractor The related structural calculations and shop drawings shall be prepared by the Contractor and submitted to the Engineer for approval This applies also to all metal works such as Iadders stair cases railings steel gratings checkered plates steel doors and gates etc The Contractor is also responsible for the preparation and submission for approval of as built drawings for the Works as constructed including field changes AIl such Contractor s Documents shall be subject to the approval of the Engineer prior to commencement of work covered by the drawings and schedules The Contractor shall promptly inform the Engineer if inadequate information can be obtained from the Drawings and the Contractor shall allow 56 days in his planning of the Works for approval by the Engineer of such Contractor s Documents 1 9 Supply of Documents The Specification and Drawings shall be in the custody and care of the Employer Unless otherwise stated in the Contract two copies of the Contract and of each subsequent Drawing shall be supplied to the Contractor who may make or request further copies at the cost of the Contractor Each of the Contractor s Documents shall be in the custody and care of the Contractor unless and until taken over by the Employer Unless otherwise stated in the Contract the Contractor shall supply to the Engineer six copies of each of the Contractor s Documents The Contractor shall keep on the Site a copy of the Contract publications named in the Specification the Contractor s Documents if any the Drawings and Variations and other communications given under the Contract The Employer s Personnel shall have the right of access to all these documents at all reasonable times If a Party becomes aware of an error or defect of a technical nature in a document which was prepared for use in executing the Works the Party shall promptly give notice to the other Party of such error or defect 1 9 Delayed Drawings or Instructions The Contractor shall give notice to the Engineer whenever the Works are likely to be delayed or disrupted if any necessary drawing or instruction is not issued to the Contractor within a particular time which shall be reasonable The notice shall include details of the necessary drawing or instruction details of why and by when it should be issued and details of the nature and amount of the delay or 8 disruption likely to be suffered if it is late If the Contractor suffers delay and or incurs Cost as a result of a failure of the Engineer to issue the notified drawing or instruction within a time which is reasonable and is specified in the notice with supporting details the Contractor shall give a further notice to the Engineer and shall be entitled subject to Sub Clause 20 1 Contractor s Claims to a an extension of time for any such delay if completion is or will be delayed under Sub Clause 8 4 Extension of Time for Completion and b payment of any such Cost plus reasonable profit which shall be included in the Contract Price After receiving this further notice the Engineer shall proceed in accordance with Sub Clause 3 5 Determinations to agree or determine these matters However if and to the extent that the Engineer s failure was caused by any error or delay by the Contractor including an error in or delay in the submission of any of the Contractor s Documents the Contractor shall not be entitled to such extension of time Cost or profit Sub Clause 1 13 Compliance with Laws Insert at the end of this Sub Clause 1 13 Applicable Laws of particular relevance for the Contract include but are not limited to Law No Xxx Insert at the end of sub paragraph b of this Sub Clause 1 13 Except for the building permit to be provided by the Employer authorisations and or permits required from relevant national local authorities shall be obtained by the Contractor at his ownexpenses Such permits include inter alia permits for site erection traffic diversions route permits residence and work permits permits for radio communication permits to relocate public utilities etc Within 21 days of the signature of the Contract Agreement the Contractor shall submit to the Engineer the detailed planning of the Works together with a list of all necessary permits with the time needed for obtaining those permits in order to properly carryout the Works in compliance with the programme prepared and updated under Sub Clause 8 3 Programme New Sub Clause 1 15 Details to be Confidential Insert new Sub Clause 1 15 9 The Contractor shall treat the details of the Contract Agreement as private and confidential except to the extent necessary to carry out his obligations thereunder or to comply with applicable Laws The Contractor shall not publish permit to be published or disclose any particulars of the Works in any trade or technical paper or elsewhere without the prior written agreement of the Employer Clause 2 The Employer Sub Clause 2 1 Right of Access to the site If right of access cannot be granted both early and thereafter exclusively details should be given in the Specification Sub Clause 2 3 Employer s Personnel These provisions should be reflected in the Employer s contracts with any other contractors on the site Sub Clause 2 6 the beneficiary The employer may assign any of his rights or duties under the contract to the beneficiary The beneficiary shall have no authority to amend the contract to issue instructions under it or to assign any part of the contract or any benefit or interest in or under it except as may be agreed by and between the employer and the beneficiary Whenever the employer takes over the works or a section or other part of the works under clause 1 0 such works section or part are simultaneously transferred to the beneficiary the parties acknowledge that for the purposes of considering any rights or obligations arising from the contract or works the employer and the beneficiary are deemed to be the joint beneficiaries of the completed works Clause 3 The Engineer Sub Clause 3 1 Engineer s Duties and Authority Delete paragraph 4 of this Sub Clause 3 1 and substitute with Except for cases when an emergency occurs affecting the safety of life or of the Works or of adjoining property and such emergency is expressly indicated within the document issued by the Engineer as an exercise of its specific authorities whenever the Engineer exercises such a specified authority for which 10 the Employer s approval is required as provided below then the Contractor shall not take any action if the document issued by the Engineer does not contain the express endorsement or approval of the Employer In the first sentence of paragraph 5 of this Sub Clause 3 1 delete these conditions and substitute with the contract Insert at the end of this Sub Clause 3 1 The Engineer shall obtain the specific approval of the Employer before taking action under the following Sub Clauses of these Conditions a Sub Clause 4 4 Specific approval of the Employer is required before issuing consent for any Sub Contractor alternatively this obligation could be limited to major Sub Contractors that is those providing more than x of the Accepted Contract Amount see Sub Clause 4 4 Subcontractors b Sub Clause 8 4 and or Sub Clause 13 1 Specific approval of the Employer is required before instructing or approving any extension of the Time for Completion Page 3 of 18 c Sub Clause 13 1 Specific approval of the Employer is required before instructing or approving the omission of any work d Sub Clause 5 1 Subcontractors giving consent to a Subcontractor for works that should have been carried out by a different Sub contractor named in the Contract e Other cases provided that the Contractor has been informed in this respect and in writing by the Employer with 30 days notice prior to the entering into force of such new case Insert at the end of this Sub Clause 3 1 Notwithstanding the obligation as set out above to obtain approval if in the opinion of the Engineer an emergency occurs affecting the safety of life or of the Works or of adjoining property he may without relieving the Contractor of any of his duties and responsibilities under the Contract instruct the Contractor to execute all such work or to do all such things as may in the opinion of the Engineer be necessary to abate or reduce the risk The Contractor shall forthwith comply with any such instruction of the Engineer The Engineer shall determine an addition to the Contract Price in respect of such 11 instruction in accordance with Sub Clause 13 1 and shall notify the Contractor accordingly with a copy to the Employer 3 1 Engineer s Duties andThe Employer shall appoint the Engineer who shall carry out the duties assigned to Authorityhim in the Contract The Engineer s staff shall include suitably qualified engineers and other professionals who are competent to carry out these duties The Engineer shall have no authority to amend the Contract The Engineer may exercise the authority attributable to the Engineer as specified in or necessarily to be implied from the Contract If the Engineer is required to obtain the approval of the Employer before exercising a specified authority the requirements shall be as stated in the Particular Conditions The Employer undertakes not to impose further constraints on the Engineer s authority except as agreed with the Contractor However whenever the Engineer exercises a specified authority for which the Employer s approval is required then for the purposes of the Contract the Employer shall be deemed to have given approval Except as otherwise stated in these Conditions whenever carrying out duties or exercising authority specified in or implied by the Contract the Engineer shall be deemed to act for the Employer the Engineer has no authority to relieve either Party of any duties obligations or responsibilities under the Contract and any approval check certificate consent examination inspection instruction notice proposal request test or similar act by the Engineer including absence of disapproval shall not relieve the Contractor from any responsibility he has under the Contract including responsibility for errors omissions discrepancies and non compliances 3 2 Delegation by the Engineer The Engineer may from time to time assign duties and delegate authority to assistants and may also revoke such assignment or delegation These assistants may include a resident engineer and or independent inspectors appointed to inspect and or test items of Plant and or Materials The assignment delegation or revocation shall be in writing and shall not take effect until copies have been received by both Parties However unless other