【正文】
tractors are reimbursed for the direct construction costs plus an agreed profit premium (usually a percentage of the direct construction costs)。 (ii) Remeasurement Contracts, based on a Bill of Quantities and a series of unit rates。 (iii) Alliance Contracts, based on performance and goals in order to make the contractor an active and interested party in the overall success of the project, and (iv) Turnkey Contracts in which the total contract price is a lump sum. These different types of Contracts are associated with different contract risks. In a Costplus Contract, the employer bears almost all the Contract risk. In a Remeasurement Contract, contractors assume the part of the risk associated with the organization, methods and means of the construction activity/process. In an Alliance Contract, contractors assume not only the risk associated with the Remeasurement Contracts, but also the risks attached to the failure of the project’s preset objectives and goals. In a Turnkey Contract, the 濟(jì)南大學(xué)畢業(yè) 設(shè)計(jì) 資料翻譯 4 contractor bears almost all the Contract risk. This means that from Contract type (i) to type (iv), the inherent contract risk is decreasing on the Employer side and herefore increasing on the Contractor’s side. Attached to the Contract risk is the Contract flexibility, ., the capacity to acmodate changes to the ‘Scope of Services’. From the employer’s point of view, more risk means also more flexibility. For instance, although a Turnkey Contract is extremely appealing from the ‘Project Finance’ point of view (more and more investors, both private and institutional, impose this type of contract in order to minimize the risks and fix the costs) is in fact a disaster when the employer introduces significant changes to the ‘Scope of Services’. Since it was impossible to fully define the ‘Scope of Services’ for the LHC project and CERN would like to retain some flexibility to acmodate inevitable modifications, it was decided to adopt a Remeasurement type of Contract. Several models for the Form of Contract, ., the legal and mercial terms of reference, area vailable for Remeasurement Contracts. Almost all Governments in Europe (World) use or have a model Form of Contract for this. The models are usually elaborated by associations of Consulting Engineers. One of these associations is FIDIC (F233。d233。ration Internationale des Ing233。nieurs Conseils),which is a reputable supranational and worldwide Federation of Consulting Engineers focused inthe definition and regulation of the role of many parties involved with the International Construction Industry. One of FIDIC’s documents is the ‘Conditions of Contract for Works of Civil Engineering Construction’1@, which is a model Form of Contract for civil engineering the fact that (i) FIDIC is internationally known。 (ii) FIDIC’s Form of Contract is widely used, and (iii) it is tested and tuned by years of experience, it was decided to adopt, as far as possible (see 167。3), this model of Form of Contract. In addition, other Organizations, Institutions and even Governments use this model in their construction Contracts, particularly in large international Calls for Tenders. The World Bank, for instance, imposes the use of their ‘Standard Bidding Documents’ 2@ in the procurement of civil engineering works for all financed projects. This Standard Bidding Documents includes not only a model for the Contract, both Form of Contract and Technical Section,but also all other bidding and/or noncontractual documents such as Invitation for Bids, Instructions to Bidders, etc. In the ‘Standard Bidding Documents’ the World Bank adopts the FIDIC’s model Form of Contract. 3. MODIFICATIONS INTRODUCED TO FIDIC STANDARD DOCUMENTS: Several parties were involved in the preparation of the construction Contracts: Civil 濟(jì)南大學(xué)畢業(yè) 設(shè)計(jì) 資料翻譯 5 Engineering, Purchasing Services and Legal Services groups, assisted by the Civil Engineering Consultants mentioned in 167。1 and Norton Rose a large British legal consultant specialized in construction law. Given Norton Rose’s large experience in contract drafting and dispute resolution,plemented also with the civil engineering (CE) consultants experience in construction management, it was decided to modify FIDIC’s standard model of the Form of Contract in order to allocate more risk, and therefore responsibility, to contractor’s role, reducing consequently the Employer’s risk and liability (eliminating also the already mentioned potential weakness), and keeping the same level of flexibility. These modifications are, for instance: (i) A first instancedispute resolution mechanism will be included in the Contract. A panel of three Adju