FIDIC合同一般规定毕业论文外文翻译

1、General P rovisi ons of FIDIC FIDIC合同一般规定 General P rovisions of FIDIC General P rovisions of FIDIC Intern ati onal Advisory Engin eer Associati on Keyword : FIDIC , Con tract, laws General Provisions Defin iti ons: In the Con diti ons of Con tract ( “ theseC on diti ons ” Which in clude P articular

2、 Con diti ons and these Gen eral Con diti ons, the follow ing words and expressions shall have the meaning stated. Words indicating persons or p arties in clude corpo rati on and other legal en tities, exce pt where the con text requires otherwise. The Contract 1. “ Con tract means the Contract Agre

3、eme nt, these Con diti ons, the Empioyer Requirement, the Tender, and further document (if any) which are listed in the Con tract Agreeme nt. 2. “ Con tractAgreeme nt ” means the con tract agreeme nt referred to in Sub-Clause 1.6 Con tract Agreeme nt, in cludi ng any ann exed memora nda. 3. “ Empioy

4、er requirements means the document entitled empioyer s requireme nts, as in cluded in the Con tract, and any additi ons and modificati ons to such docume nt in accorda nee with the Con tract. Such docume nt sp ecifies the purpo se, scope, an d/or desig n an d/or other tech ni cal criteria, for the W

5、orks. 4. “ Ten der ” mea ns the Con tractor s sig ned offer for the Works and all other docume nts which the Con tractor submitted therewith (other tha n these Conditions and Empioyer s Requirements, if so submitted), as included in the Con tract. 5. “ PerformanceGuarantees ”and“ Scheduleof payments

6、 ” mean the docume nts so n amed (if any), as in cluded in the Con tract. Parties and Persons 1. “ P artymea ns the Empio yer or the Con tractor, as the con text requires. 2. “ Empio yer mea ns the person n amed as empio yer in the Con tract Agreeme nt and the legal successors in title to this perso

7、n. 3. “ Con tractor mea ns the person(s) n amed as con tractor in the Con tract Agreeme nt and the legal successors in title to this person( s). 4. “ Empioyer s Representative” means the person named by the Empioyer in the Con tract or appoin ted from time to time by the Empio yer un der Sub-Clause

8、3.1 the Empioyer s Representativejctw hxn behalf of the Empio yer. 5. “ Con tractor s Rep rese ntative ” means the person n amed by the Con tractor in the Con tract or appoin ted from time to time by the Con tractor Sub-Clause “ Empioyer Personnel ”means the Empioyer Sepresentative, the s Personnel

9、and all lab our and other empioyees of the Empioyer and of the sepresentative; and any other personnel notified to the by the Empioyer or the Empioyer sRepresentative, as s Personn el. 4.3 the Con tractor s Rep rese ntative, who acts on behalf of the Con tracto 6. assista nts referred to in SubClaus

10、e 3.2 Other Empio yer other staff, Empioyer Con tractor, Empioyer 6. “ Con tractor Pers onnel mea ns the Con tractor eprese ntativea nd all personnel whom the Con tractor utilizes on Site, who may in clude the staff, lab our and other empio yees of the Con tractor and of each Subc on tractor, and an

11、y other personnel assist ing the Con tractor in the executi on of the works. 8“ Subc on tractor mfeans any person n amed in the Contract as a subc on tractor, or any person appoin ted as a subc on tractor, for a part of the Works; and the legal successors in title to each of these persons. 9. “ DAB

12、means the person or three persons so n amed in the Con tract, or other person(s) appointed under Sub-Clause 20.2 Appointment of the Dispute Adjudication Board or Sub-Clause 20.3 Failure to Agree Dispute Adjudicati on Board. 10. “ FIDIC ” means the Federation International des IngenieCrsnseils, the i

13、ntern atio nal federati on of con suit ing engin eers. Dates, Test, Periods and Comp letion 1. “ BasDate ” means the date 28 days prior to the latest date for submission of the Ten der. 2. “ CommencemenDate ” means the date notified under Sub-Clause 8.1 Comme nceme nt of Works, uni ess otherwise def

14、i ned in the Con tract Agreeme nt. 3. “ Timefor Comp leti on ” mea ns the time for comp let ing the Works or a Sectio n (as the case may be) un der Sub-Clause 8.2 Time for Comp leti on, as stated in the P articular Con diti ons (with any exte nsion un der Sub-Clause 8.4 Executi on of Time for Com pl

15、etio n), calculated from the Comme nceme nt Date. 4. “ Tests on Comp leti on ” mea ns the tests which are sp ecified in the Con tract or agreed by both P arties or in structed as a Variati on, and which are carried out un der Clause 9 Tests on CompI etio n before the works or a Sectio n (as the case

16、 may be) are take n over by the Empio yer. 5. “ TakingOver Certificate means a certificate issued under Clause 10 Employer s Taking Over. 6. “ Tests after CompIetion” means the tests (if any) are specified in the Con tract and which are carried out un der Clause 12 Tests after CompI etio n after the

17、 works or a Section (as the case may be) are taken over by the Empio yer. 7. “ Defects Notification Period” means the period for notifying defects in the Works or a Sectio n (as the case may be) un der Sub-Clause 11.1 Co mp leti on of Un dersta nding Works and Remedy ing Defects, as stated in the P

18、articular Con diti ons (with any exte nsion un der Sub-Clause 11.3 Exte nsion of Defects Notification Period), calculated from the date on which the Works or Sectio n is comp eted as certified un der Sub-Clause 10.1 Tak ing Over of the Works and Sectio ns. If no such p eriod is stated in the P artic

19、ular Con diti ons, the p eriod shall be one year. 8. “ PerformancCertificate means the certificate issued under Sub-Clause 11.9 P erforma nee Certificate. -3 - General P rovisi ons of FIDIC “year ” means 365 days. 9. “ Day” means a calendar day and Money and Payments 1. “ Con tract P rice ” mea ns t

20、he agreed amount stated in the Con tract Agreeme nt for the desig n, executio n and comp leti on of the Works and the remedying of any defects, and includes adjustment (if any) in accordanee with the con tract. 2. “ Cost mea ns all expen diture reas on ably in curred (or to be in curred) by the Con

21、tractor, whether on or off the Site, i ncludi ng overhead and similar charges, but does not in clude p rofit. 3. “ Final Statement ” means the statement defined in Sub-Clause 14.11A pp lication for Final P ayme nt. 4. “ Foreig n Curre ncy” mea ns a curre ncy in which part (or all) of the Con tract P

22、 rice is p ayable, but not the Local Curre ncy. 5. “Local Currency ” means the cuiofethy Country. 6. “ Provisional Sum ” means a sum (if any) which is specified in the Contract as a pro visi onal sum, for the executi on of any part of the Works or for the supply of Plant, Material or services under

23、Sub-Clause 13.5 Provisional Sums. 7. “ RetentiorMoney” means the accumulated retention moneys which the Empio yer retai ns un der Sub-Clause 14.3 App licatio n for In terim P ayme nts and p ays un der Sub-Clause 14.9 P ayme nt of Rete ntio n Mon ey. 8. “ Statement ” means a statement submitted by th

24、e ConArat part of an app licati on for p ayme nt un der Clause 14 Con tract P rice and P ayme nt. Works and Goods 1. “ Con tractor Equspme nt ” mea ns all app aratus, machi nery, vehicles and other things required for the execution and completion of the Works and remedyi ng of any defects. However,

25、Con tractor Equipment excludes Temporary Works, Empioyer s Equipment (if any), Plant, Materials and any other thi ngs inten ded to form or formi ng part of the P erma nent Works. 2. “ Goods mea ns Con tractor s Equipment, MateaiOl岡rldl Temporary Works, or any of them as approp riate. 3. “ Materials

26、” means things of all kinds (other than Plant) intended to form or forming part of the P erma nent Works, in clud ing the supply-only materials (if any) to be supp lied by the Con tractor un der the Con tract. 4. “ PermanenWorks” means the permanent works to be designed and executed by the Con tract

27、or un der the Con tract. 5. “ Plant “ means the app aratus, mach inery and vehicles inten ded to form or formi ng part of the P erma nent Works. 6. “ Section ” nraeapart of the Works specified in the Particular Conditions as a Secti on (if any). 7. “ Temporary Works ” means all temporary works of ev

28、ery kind (other than Con tractor s Equipment) required on Site for the executi on and compi eti on of the P erma nent Works and the remedy ing of any defects. 8. “Works” means the Permanent Works and the Temporary Works, or either of them as approp riate. Other Definitions 1. “ Con tractor s Docume

29、nts ” means the calculati ons, compu ter p rograms and other software, draw in gs, manu als, models and other docume nts of a tech ni cal n ature supp lied by the Con tractor un der the Con tract; as described in Sub-Clause 5.2 Contractor s Documents. 2. “ Country ” means the country in which the Si

30、te (or most of it) is located, where the P erma nent Works are to be executed. 3. “ Empioyer s Equipment ” means the apparatus, machinery and vehicles (if any) made available by the Empio yer for the use of the Con tractor in the execution of the Works, as stated in the Empioyer s Requirements; but

31、doe： not in clude Plant which has not bee n take n over by the Empio yer. 4. “ Fore Majeure ” is defined in Clause 19 Fore Majeure. 5. “ Laws”means all national (or state) legislation, statutes, ordinances and other laws, and regulations and by-laws of any legally constituted public authority. 6. “

32、PerformanceSecurity means the security (or securities, if any) under Sub-Clause 4.2 P erforma nee Security. 7. “ Site mea ns the p laces where the P erma nent Works are to be executed and to which Plant and Materials are to be delivered, and any other pl aces as may be sp ecified in the Con tract as

33、 formi ng part of the Site. 8. “Variation meansany change to the Empioyer Requirements or the Works, which is instructed or approved as a variation under Clause 13 Variati on and Adjustme nt. Inter pretation In the Con tract, exce pt where the con text requires otherwise: (a) Words in dicat ing one

34、gen der in clude all gen ders; (b) Words in dicat ing the sin gular also in clude the plural and words in dicat ing the plural and words in dicat ing the plural also in clude the sin gular. (c) Provisions including the word“ agree ” , ” agreed ” or “ agreement ” the agreeme nt to be recorded in writ

35、 ing, and (d) “Written c” “ irwriting means hand-written, type-written, printed or electro nically made, and result ing in a p erma nent record. The marginal words and other headings shall not be taken into con siderati on in the interp retati on of these Con diti ons. Communications Wherever these

36、Con diti ons pro vide for the giving or issu ing of appro vals, certificates, consen ts, determ in ati ons, no tices and requests, these com muni catio ns shall be: (a) In writi ng and delivered by han d(aga inst rece ip t), sent by mail or courier, or transmitted using any of agreed systems of elec

37、tronic transmission as stated in the P articular Con diti ons; and (b) Delivered, sent or transmitted to the address for the recipient s com muni cati ons as stated in the Con tract. However: (i) If the rec ipient gives no tice of ano ther address, com muni cati ons shall thereafter be delivered acc

38、ord in gly; and (ii) If the rec ipient has not stated otherwise whe n requesti ng an appro val or consen t, it may be sent to the address from which the request was issued. Appro val, certificates, consents and determ in ati ons shall not be un reas on ably withheld or delayed. Law and Language The

39、Con tract shall be gover ned by the law of the country (or other jurisdict ion) stated in the P articular Con diti ons. If there are versi ons of any part of the Con tract which are writte n in more tha n one Ian guage, the versi on which is in the ruli ng Ian guage stated in the P articular Con dit

40、i ons shall p revail. The Ian guage for com muni cati ons shall be that stated in the P articular Con diti on s. If no Ian guage is stated there, the Ian guage for com muni catio ns shall be the Ian guage in which the Con tract (or most of it) is writte n. Priority of Document The docume nts formi n

41、g the Con tract are to be take n as mutually explan atory of one ano ther. For the purp oses of in terpretati on, the p riority of the docume nts shall be in accorda nee with the follow ing seque nee: (a) the Con tract Agreeme nt; (b) the Particular Conditions; (c) these General Conditions; (d) the

42、Empioyer s Requirements; (e) the Ten der and other docume nts forming part of the Con tract . Contract Agreement The Con tract shall come into full force and effect on the date stated in the Con tract Agreeme nt. The costs of sta mp duties and similar charges (if any) impo sed by law in conn ecti on

43、 with entry into the Con tract Agreeme nt shall be borne by the Empio yer. Assignment Neither P arty shall assig n the whole or any part of the Con tract or any ben efit or in terest in or un der the Con tract. However, either P arty: - General P rovisi ons of FIDIC (a) May assig n the whole or any

44、part with the p rior agreeme nt of the other P arty, at the sole discreti on of such other P arty, and (b) May, as security in favor of a bank or finan cial in stituti on, assig n its right to any mon eys due, or to become due, un der the Con tract. Care and Supply of Document Each of the Con tracto

45、r s Docume nts shall be in the custody and care of the Con tractor, uni ess and un til take n over by the Empio yer. Uni ess otherwise stated in the Con tract, the Con tractor shall supply to the Empio yer six copies of each of the Con tractor s Docume nts. The Con tractor shall kee p, on the Site,

46、a copy of the Con tract, p ublicati ons n amed in the Empio yer sequireme nts, the Con tractor Docume nts, and Variati ons and other com muni cati ons give n un der the Con tract. The Empioyer s Personnel shall have the right of access to all these documents at all reas on able times. If a P arty be

47、comes aware of an error or defect of a tech ni cal n ature in a docume nt which was prep ared for use in executi ng the Works, the P arty shall promp tly give no tice to the other Party of such error or defect. -Confidentiality Both P arties shall treat the details of the Con tract as p rivate and c

48、on fide ntial, exce pt to the exte nt n ecessary to carry out obligati ons un der it or to comply with app licable Laws. The Con tractor shall not p ublish, p ermit to be punished, or disclose any particulars of the Works in any trade or technical paper or elsewhere without the previous agreement of

49、 the Empio yer. -EmpIoyer s Use of Contractor s Documents As betwee n the P arties, the Con tractor shall retain the cop yright and other in tellectual prop erty rights in the Con tractor Docume nts and other desig n docume nts made by(or on behalf of) the Con tractor. The Con tractor shall be deeme

50、d(by sig ning the Con tract) to give to the Empio yer a non-term in able tran sferable non-exclusive royalty-free lice nse to copy, use and com muni cate the Con tractor Docume nts, i ncludi ng mak ing and using modificati ons of them. This lice nse shall: (a) Apply throughout the actual or inten de

51、d work ing life (whichever is Ion ger) of the releva nt p arts of the Works, (b) E ntitle any person in proper p ossessi on of the releva nt part of the Works to copy, use and com muni cate the Contractor s Docume nts for the purpo ses of comp let ing, op erat ing, maintaining, alteri ng, adjust ing

52、, rep airi ng and demolish ing the Works, and (c) In the case of Con tractor s Docume nts which are in the form of computer p rograms and other software, p ermit their use on any compu ter on the Site and other p laces as env isaged by the Con tract, in clud ing rep laceme nts of any compu ters supp

53、 lied by the Con tractor. The Con tractor s Docume nts and other desig n docume nts made by (or on behalf of) the Con tractor shall not, without the Con tractor s consent, be used, copied or com muni cated to a third p arty by (or on behalf of) the Empio yer for purp oses other tha n those p ermitte

54、d un der this Sub-Clause. Contractor s Use of Empioyer s Documents As betwee n the P arties, the Empio yer shall reta in the cop yright and other intellectual property rights in the Empioyer Requirements and other docume nts made by (or on behalf of) the Empio yer. The Con tractor may, at his cost,

55、copy, use, and obta in com muni cati on of these docume nts for the purp oses of the Con tract. They shall not, without the Empioyer consent, be copied, used or com muni cated to a third p arty by the Con tractor, exce pt as n ecessary for the purp oses of the Con tract. Confidential Details The Con

56、 tractor shall not be required to disclose, to the Empio yer, any in formati on which the Con tractor described in the Ten der as being con fide ntial. The Con tractor shall disclose any other in formatio n which the # General P rovisi ons of FIDIC Empio yer may reas on ably require in order to veri

57、fy the Con tractor s comp lia nee with the Con tract. Comp liance with Laws The Con tractor shall, in p erform ing the Con tract, comp ly with app licable Laws. Uni ess otherwise stated in the P articular Con diti ons: (a) the Empio yer shall have obta ined (or shall obta in) the planning, zoning or

58、 similar permission for the Permanent Works, and any other permissions described in the Empioyer s Requirements as having been (or being) obtained by the Empio yer; and the Empio yer shall indemnify and hold the Con tractor harmless aga inst and from the con seque nces of any failure to do so; and (

59、b) the Con tractor shall give all no tices, pay all taxes, duties and fees, and obtain all permits, licensees and approvals, as required by the Laws in relati on to the desig n, executi on and comp letio n of the Works and remedy ing of any defects; and the Con tractor shall indemnify and hold the E

60、mpio yer harmless aga inst and from the con seque nces of any failure to do so. Joint and Several Liabilities If the Con tractor con stitutes (un der app licable Laws) a joint ven ture, con sortium or other unincorpo rated grouping of two or more persons: (a) These persons shall be deemed to be join