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國際承包工程合同格式-資料下載頁

2025-05-30 01:58本頁面
  

【正文】 er drawings as may from time to time be furnished or approved inwriting by the Engineer.(m)Site means the land and other places on, under, in or throughwhich the Permanent Works or Temporary Works designed by the Engineer areto be executed and any other lands and places provided by the Employer forworking space or any other purpose as may be specifically designated inthe Contract as forming part of the Site.(n)Approved means approved in writing, including subsequent writtenconfirmation of previous verbal approval andapproval means approval inwriting, including as afore said.(2) Words importing the singular only also include the plural and viceversa where the context requires.(3) The headings and marginal notes in these Conditions of Contractshall not be deemed to be part thereof or be taken into consideration inthe interpretation or construction thereof or of the Contract.(4) The wordcost shall be deemed to include overhead costs whetheron or off the Site. Engineer and Engineer39。s Representative(1) The Engineer shall carry out such duties in issuing decisions,certificates and orders as are specified in the Contract. In the event ofthe Engineer being required in terms of his appointment by the Employer toobtain the specific approval of the Employer for the execution of any partof these duties, this shall be set out in Part II of these Conditions.(2) The engineer may from time to time in writing delegate to theEngineer39。s Representative any of the powers and authorities vested in theEngineer and shall furnish to the Contractor and to the Employer a copy ofall such written delegations of powers and authorities. Any writteninstruction or approval given by the Engineer39。s Representative to theContractor within the terms of such delegation, but not otherwise, shallbind the Contractor and the Employer as though it had been given by theEngineer. Provided always as follows:(a) Failure of the Engineer39。s Representative to disapprove any work ormaterials shall not prejudice the power of the Engineer thereafter todisapprove such work or materials and to order the pulling down, removalor breaking up thereof.(b) If the Contractor shall be dissatisfied by reason of any decisionof the Engineer39。s Representative he shall be entitled to refer the matterto the Engineer, who shall thereupon confirm, reverse or vary suchdecision. Assignment and Subletting 3. The Contractor shall not assign the Contract or any part thereof,or any benefit or interest therein or thereunder, otherwise than by acharge in favour of the Contractor39。s bankers of any monies due or tobee due under this Contract, without the prior written consent of theEmployer. 4. The Contractor shall not sublet the whole of the Works. Exceptwhere otherwise provided by the Contract, the Contractor shall not subletany 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 underthe Contract and he shall be responsible for the acts, defaults andneglects of any subcontractor, his agents, servants or workmen as fully asif they were the acts, defaults or neglects of the Contractor, his agents,servants or workmen. Provided always that the provision of labour on apiecework basis shall not be deemed to be a subletting under this Clause. Contract Documents 5.(1) There shall be stated in Part II of these Conditions:(a) the language or languages in which the Contract documents shall bedrawn up and(b) the country or state, the law of which is to apply to the Contractand according to which the Contract is to be construed. If the said documents are written in more than one language, thelanguage according to which the Contract is to be construed andinterpreted shall also be designated in Part II, being therein designatedtheRuling Language.(2) Except if and to the extent otherwise provided by the Contract,the provisions of the Conditions of Contract Parts I and II shall prevailover those of any other document forming part of the Contract. Subject tothe foregoing, the several documents forming the Contract are to be takenas mutually explanatory of one another, but in case of ambiguities ordiscrepancies the same shall be explained and adjusted by the Engineer whoshall thereupon issue to the Contractor instructions thereon. Providedalways that if, in the opinion of the Engineer, pliance with any suchinstructions shall involve the Contractor in any cost, which by reason ofany such ambiguity or discrepancy could not reasonably have been foreseenby the Contractor, the Engineer shall certify and the Employer shall paysuch additional sum as may be reasonable to cover such costs. 6.(1) The Drawings shall remain in the sole custody of the Engineer,but two copies thereof shall be furnished to the Contractor free ofcharge. The Contractor shall provide and make at his own expense anyfurther copies required by him. At the pletion of the Contract theContractor shall return to the Engineer all Drawings provided under theContract.(2) One copy of the Drawings, furnished to the Contractor asaforesaid, shall be kept by the contractor on the Site and the same shallat all reasonable times be available for inspection and use by theEngineer and the Engineer39。 a Representative and by any other personauthorised by the Engineer in writing.(3) The Contractor shall give written notice to the Engineer wheneverplanning or progress of the Works is likely to be delayed or disruptedunless any further drawing or order, including a direction, instruction orapproval, is issued by the Engineer within a reasonable time. The noticeshall include details of the drawing or order r
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