【正文】 承包人也必須對為完成未竣工程或履行本合同第 49或 50條規(guī)定的義務(wù)，在施工過程中對工程造成的任何損害負(fù)責(zé)。 19. The Contractor shall in connection with the Works provide and maintain at his own cost all lights, guards, fencing and watching when and where necessary or required by the Engineer or the Engineer39。 17. The Contractor shall be responsible for the true and proper settingout of the Works in relation to original points, lines and levels of reference given by the Engineer in writing and for the correctness, subject as above mentioned, of the position, levels, dimensions and alignment of all parts of the Works and for the provision of all necessary instruments, appliances and labor in connection therewith. If, at any time during the progress of the Works, any error shall appear or arise in the position, levels, dimensions or alignment of any part of the Works, the Contractor, on being required so to do by the Engineer or the Engineer39。s obligations under the Contract. The Contractor, or a petent and authorized agent or representative approved of in writing by the Engineer, which approval may at any time be withdrawn, is to be constantly on the Works and shall give his whole time to the superintendance of the same. If such approval shall be withdrawn by the Engineer, the Contractor shall, as soon as is practicable, having regard to the requirement of replacing him as hereinafter mentioned, after receiving written notice of such withdrawal, remove the agent from the Works and shall not thereafter employ him again on the Works in any capacity and shall replace him by another agent approved by the Engineer. Such authorized agent or representative shall receive, on behalf of the Contractor, directions and instructions from the Engineer or, subject to the limitations of Clause 2 hereof, the Engineer39。s Representative. 13．除因法律或自然因素而不能之外，承包人必須嚴(yán)格按合同規(guī)定施工和維護(hù)工程，使工程師感到滿意，且必須遵守和嚴(yán)格執(zhí)行工程師有關(guān)任何事項的的指令和指示，不管合同中是否有規(guī)定，提及或涉及到工程，承包人只能從工程師處接受指令和指示，或根據(jù)本合同第2條規(guī)定，接受工程師代表的指令和指示。此種保單或保函的取得或擔(dān)保的提供，以及締結(jié)保單或保函的費用應(yīng)全部由承包人承擔(dān)，合同中另有規(guī)定的除外。 （ 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(dān)費用，工程師必須考慮此種延誤，以決定是否按本合同第 44 條規(guī)定延長承包人的工期，且只要有理由，承包人所承擔(dān)的此種費用必須得到補償。如工程師認(rèn)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。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。s Representative any of the powers and authorities vested in the Engineer and shall furnish to the Contractor and to the Employer a copy of all such written delegations of powers and authorities. Any written instruction or approval given by the Engineer39。 （ 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(rèn)可”指已經(jīng)經(jīng)書面認(rèn)可，包括過后對口頭認(rèn)可的書面確認(rèn)，“認(rèn)可”指書面認(rèn)可，包括上述規(guī)定在內(nèi)。 （ 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(shù)規(guī)范、圖紙、標(biāo)價的建筑工程清單、單價和價格表（如果有），還可指標(biāo)書、接受證書以及承包協(xié)議（如已完成）。 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。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(shè)計單位）為完成某建筑工程而確立相互權(quán)利義務(wù)關(guān)系的協(xié)議。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(yīng)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(quán)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。 （ 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。 （ 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(fù)數(shù)的含義，反之一樣。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(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。 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。 6. （ 1） The Drawings shall remain