【正文】
in the terms of such delegation, but not otherwise, shall bind the Contractor and the Employer as though it had been given by the Engineer. Provided always as follows: 工程師可隨時書面授權(quán)其代表代行其任何職權(quán),但必須將所有此種授權(quán)書的副本提交給承包人和業(yè)主。在授權(quán)期間,工程師代表給承包人的任何書面指令或認可(僅限于此)對承包人和業(yè)主具有與工程師的指令或認可同樣的效力。以下規(guī)定屬于例外: ( a) Failure of the Engineer39。s Representative to disapprove any work or materials shall not prejudice the power of the Engineer thereafter to disapprove such work or materials and to order the pulling down, removal or breaking up thereof. 工程師代表對任何工程或材料的不予否認,不得影響工程師此后否認以及命令拆毀、移動或拆除此種工程或材料的權(quán)力。 ( b) If the Contractor shall be dissatisfied by reason of any decisions of the Engineer39。s Representative he shall be entitled to refer the matter to the Engineer, who shall thereupon confirm, reverse or vary such decision. 若承包人對工程師代表的任何決定不滿意,其有權(quán)將此決定提交工程師確認、取消或更改。 ASSIGNMENT AND SUBLETTING 轉(zhuǎn)讓和分包 3. The Contractor shall not assign the Contract or any part thereof, or any benefit or interest therein or there under, otherwise than by a charge in favor of the Contractor39。s bankers of any monies due or to bee due under this Contract, without the prior written consent of the Employer. 3.未經(jīng)業(yè)主事前書面同意,承包人不得將合同或其他任何部分,或 合同所規(guī)定或依合同而產(chǎn)生的任何收益轉(zhuǎn)讓,向承包人的開戶銀行支付按本合同規(guī)定到期或即將到期 的款項除外。 4. The Contractor shall not sublet the whole of the Works. Except where otherwise provided by the Contract, the Contractor shall not sublet any part of the Works without the prior written consent of the Engineer, which shall not be unreasonably withheld, and such consent, if given, shall not relieve the Contractor from any liability or obligation under the Contract and he shall be responsible for the acts, defaults and neglects of any subcontractor, his agents, servants or workmen as fully as if they were the acts, defaults or neglects of the Contractor, his agents, servants or workmen. Provided always that the provision of labor on a piecework basis shall not be deemed to be a subletting under the Clause. 4.承包人不得轉(zhuǎn)包整個工程。除非合同另有規(guī)定,未經(jīng)工程師事前書面同意,承包人也不得分包工程的任何部分,但工程師不得無故不同意分包,一旦同意分包,此種同意不得免去承包人所承擔的任何合同所規(guī)定的責任或義務(wù),他必須對任何分包人、其代理人、雇員或工人的行為、不履行和過失負完全責任,如同這些行為、不履行或過失是承包人、其代理人、雇員或工人所為。以計件方式提供勞力不得視為是本條所規(guī)定的分包。 CONTRACT DOCUMENTS 合同文件 5. ( 1) There shall be stated in Part II of these Conditions: 以下要件得在合同第二部分規(guī)定: ( a) the language or languages in which the Contract documents shall be drawn up and. 用以起草合同文件的語言; ( b) the country or state, the law of which is to apply to the Contract and according to which the Contract is to be construed. 合同適用哪個國家的法律以及用哪個國家的法律解釋合同。 If the said documents are written in more than one language, the language according to which the Contract is to be construed and interpreted shall also be designated in Part II, being therein designated the “Ruling Language”. 如果文件用一種以上語言作成,用以解釋合同的語言也必須在第二部分中規(guī)定,且將被定為“主體語言”。 ( 2) Except if and to the extent otherwise provided by the Contract, the provisions of the Conditions of Contract Parts I and II shall prevail over those of any other document forming part of the Contract. Subject to the foregoing, the several documents forming the Contract are to be taken as mutually explanatory of one another, but in case of ambiguities or discrepancies the same shall be explained and adjusted by the Engineer who shall thereupon issue to the Contractor instructions thereon. Provided always that if, in the opinion of the Engineer, pliance with any such instructions shall involve the Contractor in any cost, which by reason of any such ambiguity or discrepancy could not reasonably have been foreseen by the Contractor, the Engineer shall certify and the Employer shall pay such additional sum as may be reasonable to cover such costs. 除合同中另有規(guī)定外,合同第一、二部分的條款規(guī)定優(yōu)于其他任何構(gòu)成合同的文件的規(guī)定。以上述規(guī)定為準,構(gòu)成合同的數(shù)個文件可視為能互相解釋,如意思含糊或不一致時,由工程師解釋和處理,并由此向承包人發(fā)出 指令。如工程師認為,服從此種指令會使承包人發(fā)生額外費用,而此種費用是承包人由于上述意思含糊或不一致而按理無法預(yù)見的,工程師應(yīng)予以證明,業(yè)主必須支付相應(yīng)的額外款額以補償此種費用。 6. ( 1) The Drawings shall remain in the sole custody of the Engineer, but two copies thereof shall be furnished to the Contractor free of charge. The Contractor shall provide and make at his own expense any further copies required by him. At the pletion of the Contract the Contractor shall return to the Engineer all Drawings provided under the Contract. 圖紙由工程師獨自保管,但須向承包人免費提供兩份副本。承包人所需的其余副本由他自己制作并承擔費用。合同履行后,承包人須將全 部合同圖紙歸還工程師。 ( 2) One copy of the Drawings, furnished to the Contractor as aforesaid, shall be kept by the contractor on the Site and the same shall at all reasonable times be available for inspection and use by the Engineer and the Engineer39。s Representative and by any other person authorized by the Engineer in writing. 承包人必須將按上述規(guī)定所提交的一份圖紙副本留在工地,讓工程師及其代表,或工程師書面授權(quán)的任何其他人在所有合理的時間內(nèi)查閱使用。 ( 3) The Contractor shall give written notice to the Engineer whenever planning or progress of the Works is likely to be delayed or disrupted unless any further drawing or order, including a direction, instruction or approval, is issued by the Engineer within a reasonable time. The notice shall include details of the drawing or order required and of why and by when it is required and of any delay or disruption likely to be suffered if it is late. 如工程師不在適當時間內(nèi)再提供圖紙或命令,包括指示、指令或認可,工程計劃或進展便可能被延誤或中斷時,承包人必須書面通知工程師。通知書中應(yīng)詳細說明所需的圖紙或命令,所需原因和時間,以及如果不及時提供而可能造成的任何延誤和中斷。 ( 4) If, by reason of any failure or inability of the Engineer to issue within a time reasonable in all the circumstances any drawing or order requested by the Contractor in accordance with subclause ( 3) of this Clause, the Contractor suffers delay and/or incurs costs then the Engineer shall take such delay into account in determining any extension of time to which the Contractor is entitled under Clause 44 hereof and the Contractor shall be paid the amount of such cost as shall be reasonable. 如承包人按本條第 3 款規(guī)定索要圖紙或命令,由于工程師沒有或不能在合理時間內(nèi)提供,從而導(dǎo)致承包人誤工和/或承擔費用,工程師必須考慮此種延誤,