FIDIC设计采购施工EC合同条银皮书英文版

contents1 general provisions11.1 definitions11.2 interpretation61.3 communications61.4 law and language71.5 priority ofd ocuments71.6 contract agreement81.7 assignment81.8 care and supply of d ocuments81.9 confidentiality81.10 e mployer s use of c ontractor s documents 91.11 c ontractor s u se of employer s documents 91.12 c onfidential details101.13 c ompliance withlaws101.14 joint and several liability102 the employer112.1 right of access to thesite112.2 permits , licences or approves112.3 employer s personnel 122.4 employer s financial a rrangements 122.5 employer s c laims 123 the employers administration 133.1 the e mployer s r epresentative 133.2 the e mployer s personnel 143.3 delegated persons143.4 instructions153.5 determinations154 the contractor154.1 the c ontractor s g eneral o bligations 154.2 performance security164.3 contractor s r epresentative 174.4 sub c ontractors184.5 nominated s ubcontractors184.6 co- operation194.7 setting out194.8 safety procedures204.9 quality assurance204.10 site d ata204.11 s uffciency of thecontract p rice214.12 u nforeseeabled ifficulties214.13 r ights of way andfacilities214.14 avoidance of interference214.15 a ccess r oute224.16 t ransport ofgoods224.17 c ontractor s equipment 234.18 p rotection of thee nvironment234.19 e lectricity , w ater and gas234.20 e mployer s equipment andf ree -i ssue material 244.21 p rogress reports244.22 security of thesite264.23 c ontractor s o perations onsite 264.24 fossils265 design275.1 general d esign o bligations275.2 contractor s d ocuments 285.3 contractor s u ndertaking 295.4 technical standards andr egulations295.5 training305.6 as -b uilt d ocuments305.7 operation and maintenance m anuals315.8 design e rror316 staff and labour316.1 engagement ofstaff and labour316.2 rates of w ages and c onditions oflabour316.3 persons in theservice of e mployer326.4 labour laws326.5 w orking hours326.6 facilities forstaff and labour326.7 health and safety326.8 c ontractor s superintendence 336.9 c ontractor s personnel 336.10 r ecords of contractors personnel andequipment 346.11 d isorderly c onduct347 plant, materials and workmanship347.1 manner of execution347.2 samples357.3 inspection357.4 testing357.5 rejection367.6 remedial w ork377.7 ownership ofplant and materials377.8 royalties388 commencement, delays and suspension388.1 commencement ofw orks388.2 time for c ompletion388.3 programme398.4 extension oftime for c ompletion408.5 delays caused by a uthorities408.6 rate of p rogress418.7 delay damages418.8 suspension ofw ork428.9 consequences ofs uspension428.10 payment for p lant and materials in event of suspension428.11 p rolonged s uspension438.12 r esumption ofw ork439 tests on completion439.1 contractor s o bligations 439.2 delayed t ests449.3 retesting459.4 failure to pass tests on c ompletion4510 employer s taking over 4610.1 taking o ver of the w orks and sections4610.2 taking o ver of parts of the w orks4710.3 interference withtests on c ompletion4711 defects liability4711.1 c ompletion ofo utstanding w ork and r emedying d efects4711.2 c ost of remedying d efects4811.3 extension of d efects n otification period4811.4 failure to r emedy d efects4911.5 r emoval of d efective w ork4911.6 f urther tests5011.7 r ight of a ccess5011.8 c ontractor to search5011.9 performancecertificate5011.10 u nfulfilled obligations5111.11 c learance of site5112 tests after completion5112.1 p rocedure fortests after completion5112.2 d elayed tests5212.3 r etesting5212.4 failure to pass tests after c ompletion5313 variations and adjustments5413.1 r ight to vary5413.2 value engineering5413.3 variation p rocedure5413.4 payment in applicable currencies5513.5 provisionalsums5513.6 d aywork5613.7 a djustments forc hanges in legislation5713.8 a djustments forc hanges in c ost5714 contract price and payment.5714.1 t he c ontract p rice5714.2 a dvance payment5814.3 application forinterim payments5914.4 s chedule of payments6014.5 p lant and materials intended for thew orks6114.6 interim payments6114.7 timing of payments6214.8 d elayed payment6214.9 payment of retention m oney6314.10 statement at c ompletion6314.11 application forfinal payment6414.12 d ischarge6414.13 f inal payment6514.14 c essation of e mployer s liability 6514.15 c urrencies ofpayment6515 termination by employer6615.1 n otice to correct6615.2 termination bye mployer6615.3 valuation at d ate of t ermination6815.4 payment aftertermination6815.5 e mployer s entitlement totermination 6916 suspension and termination by contractor .6 916.1 c ontractor s e ntitlement tos uspend w ork 6916.2 termination byc ontractor7016.3 c essation of w ork and removal of contractor s equipment 7116.4 payment on termination7117 risk and responsibility7117.1 indemnities7117.2 c ontractor s c are of the w orks 7217.3 e mployer s risks 7317.4 c onsequence ofe mployer s risks 7317.5 intellectual andindustrialproperty r ights7417.6 limitation ofliability7518 insurance7518.1 g eneral r equirements forinsurances7518.2 insurance forw orks and c ontractor s equipment 7718.3 insurance againstinjury to persons and damage to p roperty7918.4 insurance forc ontractor s personnel 8019 force majeure8119.1 d efinition of force majeure8119.2 n otice of force m ajeure8119.3 d uty to m inimise d elay8219.4 c onsequences offorce majeure8219.5 force m ajeure affecting subcontractor8219.6 o ptional termination , payment andrelease8319.7 r elease fromperformance under thelaw8320 claims, disputes and arbitration8420.1 c ontractor s c laims 8420.2 appointment of thedispute adjudicationboard8620.3 failure to agreement d ispute a djudication board8720.4 o btaining dispute adjudicationboard s d ecision8820.5 a micable settlement8920.6 a rbitration8920.7 failure to c omply with d ispute adjudicationboard s d ecision 9020.8 expiry of dispute adjudication board s appointment 90-可编辑修改 -1 general provisions1.1 definitionsintheconditionsofcontract(“theseconditions ”),whichinclude particularconditionsandthesegeneralconditions,thefollowing words and expressions shall have the meaning stated. words indicating persons or parties include corporation and other legal entities, exceptwhere the context requires otherwise.1.1.1 the contract1.1.1.1 “contract ”means the contract agreement, these conditions,theemployer srequirement,thetender,andfurther document (if any) which are listed in the contract agreement.1.1.1.2 “contract agreement”means the contract agreement referredtoinsub-clause1.6contractagreement,includingany annexed memoranda.1.1.1.3 “employer srequirements ” meansthedocumententitled employer s requirements, as included in the contract, and any additions and modifications to such document in accordancewith the contract. such document specifies the purpose, scope, and/or design and/or other technical criteria, for the works.1.1.1.4 “tender ”means the contractor s signed offer for the works and all other documents which the contractor submitted therewith (other than these conditions and employer s requirements, if so submitted), as included in the contract.1.1.1.5 “performance guarantees ”and “schedule of payments ”mean the documents so named (if any), as included in the contract.1.1.2 parties and persons1.1.2.1 “party ”means the employer or the contractor, as the context requires.1.1.2.2 “employer ”means the person named as employer in the contract agreement and the legal successors in title to this person.1.1.2.3 “contractor ”means the person(s) named as contractor in the contractagreementandthe legalsuccessorsin titleto this person(s).1.1.2.4 “employer s representative”means the person named by the employer in the contract or appointed from time to time by the employerundersub-clause3.1theemployer s representative, who acts on behalf of the employer.1.1.2.5 “contractor srepresentative ”meansthepersonnamedby the contractor in the contract or appointed from time to timebythecontractorsub-clause4.3thecontractor s representative, who acts on behalf of the contractor.1.1.2.6 “employer s personne l”means the employer s representative, the assistants referred to in sub-clause 3.2 other employer s personnel and all other staff, labour and other employees ofthe employer and of the employers representative; and any other personnel notified to the contractor, by the employer or the employer s representative, as employers personnel.1.1.2.7 “contractor spersonnel ”meansthecontractor s representative and all personnel whom the contractor utilizesonsite,whomayincludethestaff,labourandother employees of the contractor and of each subcontractor, andany other personnel assisting the contractor in the executionof the works.1.1.2.8 “subcontractor ”means any person named in the contract as a subcontractor, or any person appointed as a subcontractor, for a part of the works; and the legal successors in title to each of these persons.1.1.2.9 “dab ”meansthepersonor threepersonsso namedin the contract, or other person(s) appointed under sub-clause 20.2appointmentsub-clauseof20.3thedisputeadjudicationfailuretoagreedisputeboardoradjudicationboard.1.1.2.10 “fidic ”meansthefederationinternationaldes ingenieurs-conseils, the international federation of consulting engineers.1.1.3 dates ,test, periods and completion1.1.3.1 “base date ”means the date 28 days prior to the latest date for submission of the tender.1.1.3.2 “commencementdate ” meansthedatenotifiedunder sub-clause 8.1 commencement of works, unless otherwise defined in the contract agreement.1.1.3.3 “timeforcompletion ”meansthetimeforcompletingthe works or a section (as the case may be) under sub-clause8.2 time for completion, as stated in the particular conditions (with any extension under sub-clause 8.4 execution of time for completion), calculated from the commencement date.1.1.3.4 “tests on completion”means the tests which are specified in thecontractoragreedbybothpartiesor instructedasa variation, and which are carried out under clause 9 tests on completion before the works or a section (as the case maybe) are taken over by the employer.1.1.3.5 “taking-overcertificate ”meansacertificateissuedunder clause 10 employers taking over.1.1.3.6 “tests after completion”means the tests (if any) are specifiedin thecontractandwhicharecarriedoutunderclause12 tests after completion after the works or a section (as thecase may be) are taken over by the employer.1.1.3.7 “defects notification period ”means the period for notifying defects in the works or a section (as the case may be) undersub-clause 11.1 completion of understanding works and remedying defects, as stated in the particular conditions (with any extension under sub-clause 11.3 extension of defects notification period), calculated from the date on which the works or section is competed as certified under sub-clause 10.1 taking over of the works and sections. ifno such period is stated in the particular conditions, the period shall be one year.1.1.3.8 “performance certificate ”means the certificate issued under sub-clause 11.9 performance certificate.1.1.3.9 “day ”means a calendar day and“year ”means 365 days.1.1.4 money and payments1.1.4.1 “contractprice ”meanstheagreedamountstatedinthe contract agreement for the design, execution and completionof the works and the remedying of any defects, and includes adjustment (if any) in accordance with the contract.1.1.4.2 “cost ”meansall expenditurereasonablyincurred(orto be incurred)bythecontractor,whetheronoroffthesite, including overhead and similar charges, but does not include profit.1.1.4.3 “final statement ”means the statement defined in sub-clause 14.11application for final payment.1.1.4.4 “foreign currency”means a currency in which part (or all) of the contract price is payable, but not the local currency.1.1.4.5 “local currency ”means the currency of the country.1.1.4.6 “provisional sum”means a sum (if any) which is specified in the contract as a provisional sum, for the execution of any partof the worksor for the supplyof plant,materialor services under sub-clause 13.5 provisional sums.1.1.4.7 “retention money”means the accumulated retention moneys whichtheemployerretainsundersub-clause14.3 application for interim payments and pays under sub-clause14.9 payment of retention money.1.1.4.8 “statement ”means a statement submitted by the contractor as part of an application for payment under clause 14 contract price and payment.1.1.5 works and goods1.1.5.1 “contractor sequipment ”meansallapparatus,machinery, vehiclesandotherthingsrequiredfortheexecutionand completionoftheworksandremedyingofanydefects. however, contractors equipment excludes temporary works, employer s equipment (if any), plant, materials and any other thingsintendedtoformorformingpartofthepermanent works.1.1.5.2 “goods ”means contractor s equipment, materials, plant and temporary works, or any of them as appropriate.1.1.5.3 “materials ” means things of all kinds (other than plant) intended to form or forming part of the permanent works, including the supply-only materials (if any) to be supplied by the contractor under the contract.1.1.5.4 “permanent works ” means the permanent works to be designed and executed by the contractor under the contract.1.1.5.5 “plant “means the apparatus, machinery and vehicles intended to form or forming part of the permanent works.1.1.5.6 “section ”means a part of the works specified in the particular conditions as a section (if any).1.1.5.7 “temporary works”means all temporary works of every kind (otherthan contractor s equipment)requiredon sitefor the executionandcompletionof thepermanentworksandthe remedying of any defects.1.1.5.8 “works ”meansthepermanentworksandthetemporary works, or either of them as appropriate.1.1.6 other definitions1.1.6.1 “contractor s documents ”meansthe calculations,computer programs and other software, drawings, manuals, models and otherdocumentsofatechnicalnaturesuppliedbythe contractor under the contract; as described in sub-clause 5.2 contractor s documents.1.1.6.2 “country ”means the country in which the site (or most of it) is located, where the permanent works are to be executed.1.1.6.3 “employer s equipment ”means the apparatus, machinery and vehicles (if any) made available by the employer for the use of the contractor in the execution of the works, as stated in theemployer s requirements;but doesnot includeplantwhich has not been taken over by the employer.1.1.6.4 “fore majeure ”is defined in clause 19 fore majeure.1.1.6.5 “laws ” meansallnational(orstate)legislation,statutes,ordinances and other laws, and regulations and by-laws of any legally constituted public authority.1.1.6.6 “performancesecurity ”meansthesecurity(orsecurities,if any) under sub-clause 4.2 performance security.1.1.6.7 “site ”means the places where the permanent works are to be executed and to which plant and materials are to be delivered, and any other places as may be specified in the contract as forming part of the site.1.1.6.8 “variation ” meansanychangetotheemployer s requirements or the works,whichis instructedor approved as a variation under clause 13 variation and adjustment.1.2 interpretationin the contract, except where the context requires otherwise:(a) words indicating one gender include all genders;(b) words indicating the singular also include the plural and words indicatingthepluralandwordsindicatingthepluralalso include the singular.(c) provisions including the word“agree ”, ”agreed ”or “agreement ”require the agreement to be recorded in writing, and(d) “written ” or “in writing ” means hand-written, type-written, printed or electronically made, and resulting in a permanent record.the marginal words and other headings shall not be taken into consideration in the interpretation of these conditions.1.3 communicationswherevertheseconditionsprovideforthegivingorissuingof approvals, certificates, consents, determinations, notices and requests, these communications shall be:(a) in writing and delivered by hand(against receipt), sent by mailorcourier,ortransmittedusinganyofagreedsystemsof electronic transmission as stated in the particular conditions;and(b) delivered, sent or transmitted to the address for the recipient s communications as stated in the contract. however:(i) if the recipient gives notice of another address, communications shall thereafter be delivered accordingly; and(ii) if the recipient has not stated otherwise when requesting an approval or consent, it may be sent to the address from which the