【導(dǎo)讀】FIDIC1995. FIDIC. FIDIC1995. 1/58. CONTENTS. 1THECONTRACT. Definitions. Interpretation. LawandLanguage. ContractAgreement. DocumentsonSite. Communications. Employer'sUseofContractor'sDocuments. Contractor'sUseofEmployer'sDocuments. 2THEEMPLOYER. GeneralObligations. 3THEEMPLOYER'SREPRESENTATIVE. Employer'sRepresentative'sInstructions. 4THECONTRACTOR. GeneralObligations. Contractor'sRepresentative. Subcontractors. SettingOut. QualityAssurance. SiteData. AccessRoute. FIDIC1995. 2/58. Programme. ProgressReports. Contractor'sEquipment. SafetyPrecautions. Electricity,WaterandGas. ClearanceofSite. SecurityoftheSite. Contractor'sOperationsonSite. Fossils. 5DESIGN. GeneralObligations. Contractor'sUndertaking. Samples. As-BuiltDrawings. ErrorbyContractor. PatentRights. 6STAFFANDLABOUR. LabourLaws. WorkingHours. HealthandSafety. Contractor'sSuperintendence. Contractor’sPersonnel. DisorderlyConduct. MannerofExecution. DeliverytoSite. Inspection. Testing. Rejection. TimeforCompletion. FIDIC1995. 3/58. RateofProgress. SuspensionofWork. ResumptionofWork. 9TESTSONCOMPLETION. Contractor'sObligations. DelayedTests. Retesting. 10EMPLOYER'STAKINGOVER. UsesbytheEmployer. 11TESTSA

　　

【正文】 ve shall have no authority to relieve the Contractor of any of his duties, obligations or responsibilities under the Contract. Any proposal, inspection, examination, testing, consent, approval or similar act by the Employer39。s Representative (including absence of disapproval) shall not relieve the Contractor from any responsibility, including responsibility for his errors, omissions, discrepancies, and nonpliance with SubClauses and . The Employer39。s Representative shall copy to the Employer all FIDIC 1995 15 / 58 munications given or received by him in accordance with the Contract. Requirements The Employer39。s Representative shall be a suitably qualified engineer or For Employer39。s other appropriate professional, having the experience and capability necessary Representative for pliance with this Clause, or shall employ such suitably qualified Engineers and other professionals and make them available for the Contract. Employer39。s The Employer39。s Representative may from time to time delegate any of his Representative39。s duties to assistants, and may at any time revoke any such delegation. Any Authority to such delegation or revocation shall be in writing and shall not take effect until Delegate a copy has been delivered to the Employer and the Contractor. Any determination, instruction, inspection, examination, testing, consent, approval or similar act by any such assistant of the Employer39。s Representative, in accordance with the delegation, shall have the same effect as though it had been an act of the Employer39。s Representative. However: (a) any failure to disapprove any Plant, Materials, design or workmanship shall not prejudice the right of the Employer39。s Representative to reject such Plant, Materials, design or workmanship。 (b) If the Contractor questions any determination or instruction of an assistant of the Employer39。s Representative, the Contractor may refer the matter to the Employer39。s Representative, who shall confirm, reverse or vary such determination or instruction. Employer39。s Unless it is legally or physically impossible, the Contractor shall ply with Representative39。s instructions given by the Employer39。s Representative in accordance with the Instructions Contract. Employer39。s When the Employer39。s Representative is required to determine value, Cost or Representative extension of time, he shall consult with the Contractor in an endeavour to reach To Attempt agreement. If agreement is not achieved, the Employer39。s Representative shall Agreement determines the matter fairly, reasonably and in accordance with the Contract. 4 The Contractor General The Works as pleted by the Contractor shall be wholly in accordance with Obligations the Contract and fit for the purposes for which they are intended, as defined in the Contract. The Works shall include any work which is necessary to satisfy the Employer39。s Requirements, Contractor39。s Proposal and Schedules, or is implied by the Contract, or arises from any obligation of the Contractor, and all works not mentioned in the Contract but which may be inferred to be necessary for stability or pletion or the safe, reliable and efficient operation of the Works. FIDIC 1995 16 / 58 The Contractor shall design, execute and plete the Works, including providing Construction Documents, within the Time for Completion, and shall remedy any defects within the Contract Period. The Contractor shall provide all superintendence, labor, Plant, Materials, Contractor39。s Equipment, Temporary Works and all other things, whether of a temporary or permanent nature, required in and for such design, execution, pletion and remedying of defects. Before mencing design, the Contractor shall satisfy himself regarding the Employer39。s Requirements (including design criteria and calculations, if any) and the items of reference mentioned in SubClause . The Contractor shall give notice to the Employer39。s Representative of any error, fault or other defect in the Employer39。s Requirements or such items of reference. After receipt of such notice, the Employer39。s Representative shall determine whether Clause 14 shall be applied, and shall notify the Contractor accordingly. The Contractor shall take full responsibility for the adequacy, stability and safety of all Site operations, of all methods of construction and of all the Works, irrespective of any approval or consent by the Employer39。s Representative. (Irrespective of) Performance The Contractor shall obtain, at his cost, a Performance Security from a third Security party, in the amount and currencies specified in the Appendix to Tender, and Deliver it to the Employer by the date 28 days after the Effective Date. The Performance Security shall be provided by an entity approved by the Employer and shall be in the form annexed, or in another form approved by the Employer. The Performance Security shall be valid until the Contractor has executed and pleted the Works and remedied any defects. It shall be returned to the Contractor within 14 days of the issue of the Performance Certificate. Prior to making a claim under the Performance Security, the Employer shall, in every case, notify the Contractor stating the nature of the default for which the claim is to be made. Contractor39。s Unless the Contractor39。s Representative is named in the Contract, the Contractor Representative shall, within 14 days of the Effective Date, submit to the Employer39。s Representative for consent the name and particulars of the person the Contractor proposes to appoint. The Contractor shall not revoke the appointment of the Contractor39。s Representative without the prior consent of the Employer39。s Representative. The Contractor39。s Representa