FIDIC设计采购施工(EPC)合同条件(银皮书英文版).doc

CONTENTS1 GENERAL PROVISIONS .11.1 DEFINITIONS . 11.2 INTERPRETATION . 61.3 COMMUNICATIONS . 61.4 LAW AND LANGUAGE . 71.5 PRIORITY OF DOCUMENTS. 71.6 CONTRACT AGREEMENT . 81.7 ASSIGNMENT . 81.8 CARE AND SUPPLY OF DOCUMENTS . 81.9 CONFIDENTIALITY . 81.10 EMPLOYERS USE OF CONTRACTORS DOCUMENTS . 91.11 CONTRACTORS USE OF EMPLOYERS DOCUMENTS . 91.12 CONFIDENTIAL DETAILS. 101.13 COMPLIANCE WITH LAWS . 101.14 JOINT AND SEVERAL LIABILITY. 102 THE EMPLOYER.112.1 RIGHT OF ACCESS TO THE SITE.112.2 PERMITS, LICENCES OR APPROVES.112.3 EMPLOYERS PERSONNEL . 122.4 EMPLOYERS FINANCIAL ARRANGEMENTS . 122.5 EMPLOYERS CLAIMS. 123 THE EMPLOYERS ADMINISTRATION.133.1 THE EMPLOYERS REPRESENTATIVE . 133.2 THE EMPLOYERS PERSONNEL . 143.3 DELEGATED PERSONS . 143.4 INSTRUCTIONS . 153.5 DETERMINATIONS . 154 THE CONTRACTOR .154.1 THE CONTRACTORS GENERAL OBLIGATIONS . 154.2 PERFORMANCE SECURITY . 164.3 CONTRACTORS REPRESENTATIVE . 174.4SUBCONTRACTORS . 184.5 NOMINATED SUBCONTRACTORS . 184.6 CO-OPERATION. 194.7 SETTING OUT. 194.8 SAFETY PROCEDURES . 204.9 QUALITY ASSURANCE . 204.10 SITE DATA . 204.11 SUFFCIENCY OF THE CONTRACT PRICE. 214.12 UNFORESEEABLE DIFFICULTIES . 214.13 RIGHTS OF WAY AND FACILITIES . 214.14 AVOIDANCE OF INTERFERENCE . 214.15 ACCESS ROUTE . 224.16 TRANSPORT OF GOODS . 224.17 CONTRACTORS EQUIPMENT . 234.18 PROTECTION OF THE ENVIRONMENT . 234.19 ELECTRICITY, WATER AND GAS . 234.20 EMPLOYERS EQUIPMENT AND FREE-ISSUE MATERIAL . 244.21 PROGRESS REPORTS . 244.22 SECURITY OF THE SITE . 264.23 CONTRACTORS OPERATIONS ON SITE . 264.24 FOSSILS . 265 DESIGN .275.1 GENERAL DESIGN OBLIGATIONS . 275.2 CONTRACTORS DOCUMENTS . 285.3 CONTRACTORS UNDERTAKING . 295.4 TECHNICAL STANDARDS AND REGULATIONS. 295.5 TRAINING . 305.6 AS-BUILT DOCUMENTS . 305.7 OPERATION AND MAINTENANCE MANUALS . 315.8 DESIGN ERROR . 316 STAFF AND LABOUR.316.1 ENGAGEMENT OF STAFF AND LABOUR . 316.2 RATES OF WAGES AND CONDITIONS OF LABOUR . 316.3 PERSONS IN THE SERVICE OF EMPLOYER . 326.4 LABOUR LAWS . 326.5 WORKING HOURS . 326.6 FACILITIES FOR STAFF AND LABOUR . 326.7 HEALTH AND SAFETY . 326.8CONTRACTORS SUPERINTENDENCE . 336.9CONTRACTORS PERSONNEL . 336.10 RECORDS OF CONTRACTORS PERSONNEL AND EQUIPMENT. 346.11 DISORDERLY CONDUCT . 347 PLANT, MATERIALS AND WORKMANSHIP .347.1 MANNER OF EXECUTION . 347.2 SAMPLES . 347.3 INSPECTION . 357.4 TESTING . 357.5 REJECTION . 367.6 REMEDIAL WORK. 377.7 OWNERSHIP OF PLANT AND MATERIALS. 377.8 ROYALTIES . 388 COMMENCEMENT, DELAYS AND SUSPENSION .388.1 COMMENCEMENT OF WORKS . 388.2 TIME FOR COMPLETION. 388.3 PROGRAMME. 388.4 EXTENSION OF TIME FOR COMPLETION . 398.5 DELAYS CAUSED BY AUTHORITIES . 408.6 RATE OF PROGRESS . 408.7 DELAY DAMAGES. 418.8 SUSPENSION OF WORK . 418.9 CONSEQUENCES OF SUSPENSION. 428.10 PAYMENT FOR PLANT AND MATERIALS IN EVENT OF SUSPENSION . 428.11 PROLONGED SUSPENSION. 438.12 RESUMPTION OF WORK . 439 TESTS ON COMPLETION .439.1 CONTRACTORS OBLIGATIONS . 439.2 DELAYED TESTS . 449.3 RETESTING . 459.4 FAILURE TO PASS TESTS ON COMPLETION . 4510 EMPLOYERS TAKING OVER .4510.1 TAKING OVER OF THE WORKS AND SECTIONS. 4510.2 TAKING OVER OF PARTS OF THE WORKS . 4610.3 INTERFERENCE WITH TESTS ON COMPLETION . 4611 DEFECTS LIABILITY .4711.1 COMPLETION OF OUTSTANDING WORK AND REMEDYING DEFECTS . 4711.2 COST OF REMEDYING DEFECTS . 4811.3 EXTENSION OF DEFECTS NOTIFICATION PERIOD . 4811.4 FAILURE TO REMEDY DEFECTS. 4811.5 REMOVAL OF DEFECTIVE WORK . 4911.6 FURTHER TESTS . 4911.7 RIGHT OF ACCESS. 5011.8 CONTRACTOR TO SEARCH . 5011.9 PERFORMANCE CERTIFICATE . 5011.10 UNFULFILLED OBLIGATIONS . 5111.11 CLEARANCE OF SITE. 5112 TESTS AFTER COMPLETION.5112.1 PROCEDURE FOR TESTS AFTER COMPLETION . 5112.2 DELAYED TESTS . 5212.3 RETESTING . 5212.4 FAILURE TO PASS TESTS AFTER COMPLETION. 5313 VARIATIONS AND ADJUSTMENTS .5413.1 RIGHT TO VARY . 5413.2 VALUE ENGINEERING . 5413.3 VARIATION PROCEDURE . 5413.4 PAYMENT IN APPLICABLE CURRENCIES . 5513.5 PROVISIONAL SUMS. 5513.6 DAYWORK . 5613.7 ADJUSTMENTS FOR CHANGES IN LEGISLATION . 5613.8 ADJUSTMENTS FOR CHANGES IN COST . 5714 CONTRACT PRICE AND PAYMENT .5714.1 THE CONTRACT PRICE . 5714.2 ADVANCE PAYMENT. 5814.3 APPLICATION FOR INTERIM PAYMENTS. . 5914.4 SCHEDULE OF PAYMENTS . 6014.5 PLANT AND MATERIALS INTENDED FOR THE WORKS. 6014.6 INTERIM PAYMENTS . 6114.7 TIMING OF PAYMENTS . 6114.8 DELAYED PAYMENT . 6214.9 PAYMENT OF RETENTION MONEY . 6214.10 STATEMENT AT COMPLETION . 6314.11 APPLICATION FOR FINAL PAYMENT. 6314.12 DISCHA