【正文】
雇傭純屬不必要,工程師有權(quán)反對雇傭,并要求承包人立即將其從工地解雇,未經(jīng)工程師的書面同意,此種人員不得再被雇用到工地。如工程或其任何部分出現(xiàn)任何損害、損失或毀壞,不論何種原因,除本條第 2款規(guī)定的除外風(fēng)險外,承包人均得自費負(fù)責(zé)修理和修補,以確保永久性工程竣工時處于狀態(tài)良好,各方面都合乎合同的要求和工程師的指示。 20. ( 1) From the mencement of the Works until the date stated in the Certificate of pletion for the whole of the Works pursuant to Clause 48 hereof the Contractor shall take full responsibility for the care thereof. Provided that if the Engineer shall issue a Certificate of Completion in respect of any part of the Permanent Works the Contractor shall cease to be liable for the care of that part of the Permanent Works from the date stated in the Certificate of Completion in respect of that part and the responsibility for the care of that part shall pass to the Employer. Provided further that the Contractor shall take full responsibility for the care of any outstanding work which he shall have undertaken to finish during the Period of Maintenance until such outstanding work is pleted. In case any damage, loss or injury shall happen to the Works, or to any part thereof, from any cause whatsoever, save and except the excepted risks as defined in subclause ( 2) of this Clause, while the Contractor shall be responsible for the care thereof the Contractor shall, at his own cost, repair and make good the same, so that at pletion the Permanent Works shall be in good order and condition and in conformity in every respect with the requirements of the Contract and the Engineer39。承包人,或其經(jīng)工程師書面認(rèn)可的全權(quán)代理人或代表(此種認(rèn)可可隨時撤銷)應(yīng)當(dāng)隨時在工地,一直進(jìn)行監(jiān)督管理。 The Contractor shall also be deemed to have inspected and examined the Site and its surroundings and information available in connection therewith and to have satisfied himself, so far as is practicable, before submitting his Tender, as to the form and nature thereof, including the subsurface conditions, the hydrological and climatic conditions, the extent and nature of work and materials necessary for the pletion of the Works, the means of access to the site and the acmodation he may require and, in general, shall be deemed to have obtained all necessary information, subject as above mentioned, as to risks, contingencies and all other circumstances which may influence or affect his Tender. 承包人也必須被視為已視察了工地及周圍環(huán)境,查閱了可獲得的有關(guān)工地資料,且在提交標(biāo)書前,對一切實際情況,從形式到性質(zhì),包括地質(zhì)條件、水文和氣候條件、工程范圍和性質(zhì)以及完成工程所必需的材料、到達(dá)工地的交通工具和所需的食宿等感到滿意,總之,承包人必須被視為已得到所有必要的資料,除涉及上述情況外,還涉及風(fēng)險、意外事件及其他一切可能影響其投標(biāo)的情況。承包人所需的其余副本由他自己制作并承擔(dān)費用。在授權(quán)期間,工程師代表給承包人的任何書面指令或認(rèn)可(僅限于此)對承包人和業(yè)主具有與工程師的指令或認(rèn)可同樣的效力。 ( h) “Constructional Plant” means all appliances or things of whatsoever nature required in or about the execution or maintenance of the Works but does not include materials or other things intended to form or forming part of the Permanent Works. “建筑設(shè)備”指工程施工和維修中或有關(guān)施工和維修所需的全部設(shè)備或物品,不淪任何性質(zhì),但不包括旨在構(gòu)成或正 在構(gòu)成永久性工程某一部分的材料或其他物品。國際工程承包合同一般具有以下法律特點: 1.具有國際性。 ( e) “Works” shall include both Permanent Works and Temporary Works. “工程”包括永久性工程和臨建工程。 ( 2) The Engineer may from time to time in writing delegate to the Engineer39。以上述規(guī)定為準(zhǔn),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。 10. If, for the due performance of the Contract, the Tender shall contain an undertaking by the Contractor to obtain, when required, a bond or guarantee of an insurance pany or bank, or other approved sureties to be jointly and severally bound with the contractor to the Employer, in a sum not exceeding that stated in the Letter of Acceptance for such bond or guarantee, the said insurance pany or bank or sureties and the terms of the said bond or guarantee shall be such as shall be approved by the Employer. The obtaining of such bond or guarantee or the provision of such sureties and the cost of the bond or guarantee to be so entered into shall be at the expense in all respects of the Contractor, unless the Contract otherwise provides. 10.為正常履行合同,在標(biāo)書中,承包人應(yīng)承諾按要求取得保險公司或銀行的保單或保函,或其他業(yè)經(jīng)認(rèn)可由承包人向業(yè)主負(fù)連帶責(zé)任的擔(dān)保,其數(shù)額不超過驗收證書中規(guī)定的保單或保函額,上述保險公司、銀行或擔(dān)保以及上述保單或保函的條款必須經(jīng)業(yè)主認(rèn)可。 15. The Contractor shall give or provide all necessary superintendance during the execution of the Works and as long thereafter as the Engineer may consider necessary for the proper fulfilling of the Contractor39。 18. If, at any time during the execution of the Works, the Engineer shall require the Contractor to make bore holes or to carry out exploratory excavation, such requirement shall be ordered in writing and shall be deemed to be an addition ordered under the provisions of Clause 51 hereof, unless a provisional sum in respect of such anticipated work shall have been included in the Bill of Quantities. 18.在施工中,工程師如在任何時間要求承包人鉆孔或進(jìn)行挖掘勘探,此種要求必須作成書面形式,且得視為是根據(jù)本合同第 51條規(guī)定作出的附加命令,除非數(shù)量清單中已經(jīng)列有有關(guān)此種預(yù)計工程的備用款。 ( 2) “The excepted risks” are war, hostilities ( whether war be declared or not) , invasion, act of foreign enemies, rebellion, revolution, insurrection or military or usurped power, civil war, or unless solely restricted to employees of the Contractor or of his subcontractors and arising from the conduct of the Works, riot, motion or disorder, or use or occupation by the Employer of any part of the Permanent Works, or a cause solely due to the Engineer39。s Representative, shall, at his own cost, rectify such error to the satisfaction of the Engineer or the Engineer39。 14. ( 1) Within the time stated in Part II of these Conditions, the Contractor shall, after the acceptance of his Tender, submit to the Engineer for his approval a program showing the order of procedure in which he proposes to carry out the Works. The Contractor shall, whenever required by the Engineer or Engineers39。 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 sa