【正文】
人可能采取業(yè)經(jīng)工程師認可的恰當和合理措施而發(fā)生的正當合理費用。 11. The Employer shall have made available to the Contractor with the Tender documents such data on hydrological and subsurface conditions as shall have been obtained by or on behalf of the Employer from investigations undertaken relevant to the Works and the Tender shall be deemed to have been based on such data, but the Contractor shall be responsible for his own interpretation thereof. 11.業(yè)主必須在招標文件中向承包人提供由業(yè)主或其代理人在進行工程考察時獲得的水文及地質(zhì)情況資料,標書必須視為是基于此種資料所制定的,但承包人必須對資料的理解自行負責。除非合同另有明文規(guī)定,承包人對工程師制定的永久性工程的設計或規(guī)格,或臨建工程的設計或規(guī)格概不負責。 7. The Engineer shall have full power and authority to supply to the Contractor from time to time, during the progress of the Works, such further drawings and instructions as shall be necessary for the purpose of the proper and adequate execution and maintenance of the Works. The Contractor shall carry out and be bound by the same. 7.在施工期間,工程師全權負責隨時進一步向承包人提供圖紙和指示,以滿足工程正常施工和維護所需。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,或工程師書面授權的任何其他人在所有合理的時間內(nèi)查閱使用。 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。 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”。 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.承包人不得轉包整個工程。 ( b) If the Contractor shall be dissatisfied by reason of any decisions of the Engineer39。s Representative to the Contractor within 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其代表代行其任何職權,但必須將所有此種授權書的副本提交給承包人和業(yè)主。S REPRESENTATIVE 工程師及工程師代表 2. ( 1) The Engineer shall carry out such duties in issuing decisions, certificates and orders as are specified in the Contract. In the event of the Engineer being required in terms of his appointment by the Employer to obtain the specific approval of the Employer for the execution of any part of these duties, this shall be set out in Part II of these Conditions. 工程師必須按合同明文規(guī)定,履行作決斷、頒發(fā)證書和發(fā)出指令等職責。 ( 2) Words importing the singular only also include the plural and vice versa where the context requires. 按合同上下文所需,單數(shù)含義的單詞也可具有復數(shù)的含義,反之一樣。 ( k) “Specification” means the specification referred to in the Tender and any modification thereof or addition thereto as may from time to time be furnished or approved in writing by the Engineer. “技術規(guī)范”指在標書或任何標書更改中提及的規(guī)范,或由工程師隨時可能增加或書面同意增加的部分。 ( g) “Contract Price” means the sum named in the Letter of Acceptance, subject to such additions thereto or deductions there from as may be made under the provisions hereinafter contained. “合同價格”指在接受證書中確定的數(shù)額,可按本合同以下條款規(guī)定增減。 ( d) “Engineer39。以下列舉的是一個總承包合同: THE CONTRACT FOR WORKS OF CIVIL ENGINEERING CONSTRUCTION 土木工程建筑承包合同 PART I GENERAL CONDITIONS 第一章 總則 DEFINITIONS AND INTERPRETATION 定義和 釋義 1. ( 1) In the Contract, as hereinafter defined, the following words and expressions shall have the meanings hereby assigned to them, except where the context otherwise requires: 在本合同中,除按上下文另具意義者外,下列詞語應解釋如下: ( a) “Employer” means the party named in Part II who will employ the Contractor and the legal successors in title to the Employer, but not, except with the consent of the Contractor, any assignee of the Employer. “業(yè)主”指第二章中所指定的雇用承包人的一方或其權利繼承人,但不包括業(yè)主的受讓人,經(jīng)承包人同意者除外。 3.履約期 長。對外建筑工程承包合同 建筑工程承包合同是發(fā)包方(建筑單位)和承包方(施工單位、勘察設計單位)為完成某建筑工程而確立相互權利義務關系的協(xié)議。 2.需要巨額資金,故合同標的常常很大,交易中通常都需要各種各樣的銀行擔保。 對外建筑工程承包合同可以分為總承包合同、分包合同、固定總價合同和成本加酬金合同等。 ( c) “Engineer” means the Engineer designated as such in Part II, or other Engineer appointed from time to time by the Employer and notified in writing to the Contractor to act as Engineer for the purposes of the Contract in place of the Engineer so designated. “工程師”指第二章中所指定的工程師,或由業(yè)主隨時任命且書面通知承包人以代 替指定工程師履行合同職責的其他工程師。 ( f) “contract” means the Conditions of Contract, specification, Drawings, priced Bill of Quantities, Schedule of Rates and Prices, if any, Tender, Letter of Acceptance and the Contract Agreement, if pleted. “合同”指合同條款、技術規(guī)范、圖紙、標價的建筑工程清單、單價和價格表(如果有),還可指標書、接受證書以及承包協(xié)議(如已完成)。 ( j) “Permanent Works” means the permanent works to be executed and maintained in accordance with the Contract. “永久性工程”指按合同將施工和維修的永久工程。 ( n) “Approved” means approved in writing, including subsequent written confirmation of previous verbal approval and “approval” means approval in writing, including as aforesaid. “業(yè)經(jīng)認可”指已經(jīng)經(jīng)書面認可,包括過后對口頭認可的書面確認,“認可”指書面認可,包括上述規(guī)定在內(nèi)。 ENGINEER AND ENGINEER39。s Representative any of the powers and authorities vested in the Engineer and shall furnish t