FIDIC条款期末复习(西南交大峨眉).doc

Part1 1. Appendix to Tender 投标书附件 2. Bill of Quantities 工程量表 3. Discharge 结清证明4. Interim payment Certificate 中期付款证书 5. Performance Security 履约担保 6. Provisional Sum 备用金额 暂列金额7. Release from performance under the Law 依照法律解除履合同 8. Suspension and Termination by Contractor 由承包商暂停和终止9. The joint insured 共同被保险人 10. Unit Price Contract单价合同11. Value Engineering 价值工程3. Final Payment Certificate最终支付证书5. Retention Money 保留金 6. Statement 报表9. Variation 变更 10. Advance Payment 预付款1. Force Majeure 不可抗力 3. Indemnities赔款4. the insuring Party 保险方 5. Insurance against injury to Persons and Damage to Property人身伤害和财产损失险8. joint and several liability共同以及个别的法律责任 9. Erection/ contractor All Risks Insurance安装/建筑工程一切险10. infringements of intellectual property right知识产权侵权1. Base date 基准日期 2. Commencement Date 开工日期 3. Performance Security履约担保4. Letter of Acceptance中标函 6. Defects Notification Period缺陷通知期限The third party liability insurance 第三者责任险 the person accident injury insurance 人身意外伤害险12. The Contract Price shall be adjusted to take account of any increase or decrease in Cost resulting from a change in the Laws of the Country (including the introduction of new Laws and the repeal or modification of existing Laws) or in the judicial or official governmental interpretation of such Laws, made after the Base Date, which affect the Contractor in the performance of obligations under the Contract. 对于基准日期后工程所在国法律有改变（包括实施新的法律，废除法律或修改现有法律）或对此类法律的司法或政府解释有变，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费用增减进行调整。13. If the Contractor fails to give notice of a claim within such period of 28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Employer shall be discharged from all liability in connection with the claim. 如果承包商未能在上述28天期限内发出索赔通知，则竣工时间不得延长，承包商则无权获得追加付款，而雇主则应免除有关该索赔的全部责任。14. The Contractor shall be entitled subject to Sub-Clause 20.1 Contractors Claims to:承包商有权依据20.1款的规定要求（承包商的索赔）：(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依照8.4款（延长竣工时间）的规定 (b) payment of any such Cost, which shall be included in the Contract Price.”任何此类费用应计入合同价格，给予支付，Republic of LebanonElectricite Du Liban(EDL) Engineering, Procurement and Construction of Two Air InsulatedSubstations (AIS) 220KV in Saida赛达 and Baalbeck巴尔贝克- Electricite Du Liban (EDL), the public electric power utility(公共事业公司) in Lebanon, is interested in requesting the bids for Engineering, Procurement采购 and construction建设 of Two Air insulated Substations (AIS)220 kv in Saida and Baalback under the International Competitive Bidding Procedures(ICB) 国际竞争性招标. EDL will finance this Contract.- The firms will be examined for eligibility资格 based on Post-qualification criteria included in the bidding documents. The firms who pass the Post-qualification criteria will have their offers subject to detailed Technical Evaluation and, thereafter, to Financial Evaluation.- All prospective bidders will be invited to attend a pre-bid conference. Any changes to the Bidding Documents will be circulated, and issued as amendment to the bidding documents to all the bidders. The pre-bid conference will be held at the offices of EDL-floor TJ on November 1st, 2010 at 11:00 a.m.- Interested Bidders may obtain further information from the offices of EDL(Address below), purchase the bidding documents upon payment of a non-refundable fee of 1,000,000 L.L.(One Million Lebanese Pound) +10% VAT, payable in cash or by a Bankers draft in the name of EDL, or inspect the Bidding Documents as of the date of this Notice during the normal working hours.- All bids shall be accompanied by a Bid Security of the amount of 1,000,000,000 L.L. (One Billion Lebanese Pounds) according to EDL approved specimen and must be delivered at the address given below before December 14, 2010 at 11:00 a.m.- Bids will be opened thereafter in the presence of the bidders representatives who choose to attend. ELECTICITE DU LIBAN 22, RUE DU FLEUVE, 12TH Floor office 1223 P.O.BOX 131, BEIRUT, LEBANON PHONE:961-1-442720-to 444729 FAX: 961-1-583084Part215. Why is Base Date needed to be specified in the tendering documents?It can be serve as a criterion for assessing the relevant in formation in the tender. If great changes occur during the execution of the works the contract price shall be accordingly adjusted. 16. What can be construed as a variation（变更）?P861)Shall changes to quantities of an item of work be deemed to a variation? Changes to quantities of an item of work does not necessarily constitue a variation2)Can the Engineer issue an instruction of variation after the issuing of taking-over certificate?The engineer shall not have the authority to do that in accordance with sub-clause 13.13)Can the change of the laws in the country necessarily give rise to the adjustment of Contract price? No, only on the condition that such change adversely affect the performance of contractors obligations under the contract.17. Whats the prerequisite for the Employer to make an advance payment to the Contractor?Under the condition that the employer receives the interim payment certificate for the first installment and performance security and advance payment guarantee as well.When shall the Employer make the advance payment?On the condition that the Employer receives statement and performance security as well as the advance payment guarantee in accordance with sub-clause 14.2.18. If an event or a circumstance can be construed as Force Majeure, what conditions shall be satisfied? The following conditions shall be met: (a) which is beyond a partys control, (b)which such party could not reasonably have provided 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.19. Please read the following Sub-Clause, and answer the question:Shall the Contractor be bound by an oral instruction?3.3 Instructions of the EngineerIf the Engineer or a delegated assistant: (a) gives an oral instruction, (b) receives a written confirmation of the instruction, from (or on behalf of) the Contractor, within two working days after giving the instruction, and (c) does not reply by issuing a written rejection and/or instruction within two working days after receiving the confirmation, then the confirmation shall constitute the written instruction of the Engineer or delegated assistant (as the case may be).20. Can a dispute be referred directly to arbitration? Why? In most cases, a dispute shall be referred to A DAB under sub-clause 20.4. However, if there is no DAB in place under sub-clause 20.8, it can be directly referred to arbitration under sub-clause 20.6.21. What does the Contractor typically claim for? Please list 3 Sub-Clauses that the Contractor can apply to make a claims against the Employer.1.What is the major difference between the accepted contract amount and the contract price?In accordance with sub-clause 14.1, the contract price can be adjusted. 2. If the payments are delayed ,what are the remedies the Contractor can resort to?Take account of sth Take into consideration of sth Submit, to sb, sth1.Can the Employer replace the Engineer without the consent of the Contractor? Why? No , because 3.4 (p35)2.Can the Engineer amend the Contract? Why?Absolutely not, sub-clause3.1 provides that the engineer shall have no authority to amend the contract, as a matter of fact, the primary reason lies in the fact that the engineer is not one of the parties to the contract.3.If the Specification is inconsistent with the Contract Agreement, who has the authority to issue necessary clarification? Which of the two documents has the priority to be applied? P25 1.54.Can one of the parties to the Contract assign the whole or any part of the Contract or any benefit or interest in or under the Contract?P406.Who has the authority to nominate a Subcontractor? Is the Contractor under obligation to employ a nominated Subcontractor?P55 5.1 5.22. How does the Accepted Contract Amount differ from the Contract Price? The later can be adjusted in accordance with the agreement between the parties to the contract or the conditions of contract.3. Does a change of law necessarily result in adjustments of the Contract Price? Why?Yes, p91 13.75. Why is a written discharge both necessary for the Contractor and the Employer?P102 14.121. Under what conditions the contractor shall be entitled to suspension of the work or reduction of the rate of work?Two conditions shall be met: first of all, 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 2.4employers financial arrangements or sub-clause 14.7 payment, and the contractor shall give not less than 21 days notice to the Employer. 2. According to sub-paragraph (d) of Sub-Clause 15.2, the Employer shall be entitled to terminate the Contract if the Contractor subcontracts the whole of the Works or assign the Contract without required agreement. Why is it provided in this way? Please justify the provision. It is evident that the contractual agreement signed by the contractor and the Employer is based on the parties mutual trust. Therefore the provision can serve as a deterrent to ensure that the interests of the Employer shall be protected. 4. Which Party shall be the insuring Party for insurance against injury to persons and Damage to Property and for insurance for Works? Unless otherwise stated in the particular conditions, the contractor shall be the insuring party.5. Why does the Sub-Clause 4.17 provide that “The Contractor shall not remove from the Site any major items of Contractors Equipment without the consent of the Engineer”? If the Contractor violates the provision, what could be the possible consequence? It is provided so in that the works can be completed within the stated date. If the contractor violates the provision, time for completion is likely to be delayed and the contractor is liable for such a delay.6. Can insurance cover the loss and damage from any cause listed in Sub-Clause 17.3Employers Risks? If it excludes such loss and damage, which Party shall bear the cost for rectifying the loss and damage? Insurance against injury to persons and damage to property may exclude liability to the extent that it arises from a cause listed in Sub-Clause 17.3 Employers Risks, except to the extent that cover is available at commercially reasonable terms. Insurance for works and Contractors Equipment shall cover loss or damage from the risks listed in sub-paragraphs (c),(g) and (h) of Sub-Clause 17.3 Employers risks. If and to the extent that any of the risks list in Sub-Clause 17.3 results in loss or damage to the works, or contractors documents, the Contractor shall rectify the loss or damage to the extent required by the Engineer.If the Contractor incurs Cost from rectifying the loss or damage, the Contractor shall be entitled to payment of any such cost. In the case of sub-paragraphs (f),(g) of Sub-Clause 17.3 Employers risks, reasonable profit on the cost shall be included.1.Which party shall be the insuring party for insuring works, materials and contractors documents and Contractors equpiments? Unless othewise stated in the particular conditions, the contractor shall be the insuring party. Unless othewise stated in the particular conditions, insurance under Sub-Clause 18.2 and 18.3 shall be effected and maintained by the Contractor as the insuring party.2.What are the possible consequences if the Contractor fails to make a claim consistent with the provisions stipulated in Sub-Clause 20.1?Refer to the second paragraph of sub-clause 20.13.Can the risks included in Sub-Clause 19.1 be insurable?In most cases , damage or loss caused by the risks listed in sub-clause 19.1 shall not be insurable with the exception of the loss or damage caused by natural force 4What is the major reason to provide that The Contractor shall not remove from the Site any major items of Contractors Equipment without the consent of the Engineer? Contractors Equipment is deemed to be used for execution and completion of the permanent works and such a/the provision can partly ensure the works can be completed in accordance with Contract. 5 Can a delegated assistant deal with a claim given by the Contractor or the Employer?No, sub-clause 3.2 makes it clear that the Engineer shall not delegate the authority to determine any matter in accordance with sub-clause 3.5determinations6 What shall the contractor be obliged to do if an important antiquity is found on the site? The contractor shall be obliged to inform the Engineer and take reasonable precautions against his staff and other person from removing or damaging it.1What is the major function of a performance security? And when shall the performance security be returned to the contractor?To ensure that the contractor can perform the contract properly 2What is the reason for providing(规定) that the contractor shall not remove from the site any major items of his equipment without the consent of the engineer?The main reason is to facilitate/guarantee the completion of the works in accordance with the contract.3To list the clause that provides the delayed drawings and instructions. Clause 1.94 .Which Party shall be the insuring Party for insurance against injury to persons and Damage to Property and for effecting and maintaining the insurance for Works?Unless otherwise stated in the Particular Conditions, the insurance shall be effected and maintained by the Contrator as insuring party.2)How to determine the Contract price in the Red Book? It shall be agreed or determined under Sub-Clause 12.3 and be sujected to any adjustments in accordance with the contract.3)When shall the first half of the retention monies be certified and made/paid to the Contractor?After the taking-over certificate is issued.1. To specify the reason for providing that the Contractor shall not subcontract the whole of the works. On the basis of the tendering procedure, the contractor is qualified to execute and complete the permanent works. If the contractor subcontracts the whole of the works, it may endanger the interest of the employer and delay or even ruin the works. 2.If the contractor is not satisfied with the determination made by the Engineer/the assistant to whom authority is properly delegated, what measures can be taken by the Contractor?Refer to sub-clause 3.2In this case, the contractor can refer this matter to DAB for its decision in accordance with sub-clause 20.4. 3. Whats the major function of the performance security?It is to ensure that the contractor can perform the contract properly. Otherwise, the employer shall make a claim under the performance security.1)What are the major dispute resolution methods?Meditation, DRB (Dispute Review Board), DAB and arbitration Litigation 2)Can a determination made by the Engineer be revisited by DAB?In accordance with Sub-clause 20.4, it can be referred as a dispute to DAB and be revised.Whats the major difference between the decision made by DAB and the arbitral award?The former can be revised in amicable settlement or an arbitral award; the latter is final and binding.Quote: Because of the situation in the Middle East and overseas engineering mode is not familiar with, underestimate the difficulty of implementation of the project, which did not fully conside the cost of project implementation.1)What are the major points conveyed by Sub-Clause 20.1? Not only the Contractor but also the Engineer should be time-conscious concerning the matter of claims. To comply with the procedure of making claims is quite essential for the Contractor.2)What is the major difference between a decision made by the DAB and an arbitral award?Revised or not Temporarily Binding or not Final and binding The decision made by the DAB can be revised by an amical settlement or an arbitral award while the arbitral award is final and binding on/upon the parties to the Contract.国际工程实务英语百事通2.If the contractor submits his application for interim payment on June 7 and the engineer acknowledges receipt on that day, when shall the date for interim payment by Employer be expired?August 23.Who has the right to initiate an instruction? Does an instruction constitute a variation? Why?No, it doesnt necessarily constitute a variation.A variation shall mainly involve changes to the scope , design , quality of the works. A variation shall be consistent with the provision of sub-clause 13.1.if an instruction constitutes a variation, clause 13 shall apply.”4.State the major reason for the provision that the contractor shall be entitled to terminate the contract if prolonged suspension affects the whole of the works.For the sake of the contractor. The works has been suspended by the Engineer for more than 84 days and the whole of the works is affected. Therefore, to terminate the contract by the contractor is to avoid great loss and potential disputes involv