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國際承包工程合同格式(附英文)-資料下載頁

2025-01-03 18:39本頁面
  

【正文】 or Temporary Works designed by the Engineer are to be executed and any other lands and places provided by the Employer for working space or any other purpose as may be specifically designated in the Contract as forming part of the Site.   (n) Approved means approved in writing, including subsequent written confirmation of previous verbal approval and approval means approval in writing, including as afore said.   (2) Words importing the singular only also include the plural and vice versa where the context requires.   (3) The headings and marginal notes in these Conditions of Contract shall not be deemed to be part thereof or be taken into consideration in the interpretation or construction thereof or of the Contract.   (4) The word cost shall be deemed to include overhead costs whether on 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 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.   (2) The engineer may from time to time in writing delegate to the Engineer39。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。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:   (a) Failure of the Engineer39。s Representative to disapprove any work or materials shall not prejudice the power of the Engineer thereafter to disapprove such work or materials and to order the pulling down, removal or breaking up thereof.   (b) If the Contractor shall be dissatisfied by reason of any decision of the Engineer39。s Representative he shall be entitled to refer the matter to the Engineer, who shall thereupon confirm, reverse or vary such decision.   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 a charge in favour of the Contractor39。s bankers of any monies due or to bee due under this Contract, without the prior written consent of the Employer.   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 labour on a piecework 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 be drawn up and   (b) the country or state, the law of which is to apply to the Contract and according to which the Contract is to be construed.   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.   (2) Except if and to the extent otherwise provided by the Contract, the provisions of the Conditions of Contract Parts I and II shall prevail over those of any other document forming part of the Contract. Subject to the foregoing, the several documents forming the Contract are to be taken as mutually explanatory of one another, but in case of ambiguities or discrepancies the same shall be explained and adjusted by the Engineer who shall thereupon issue to the Contractor instructions thereon. Provided always that if, in the opinion of the Engineer, pliance with any such instructions shall involve the Contractor in any cost, which by reason of any such ambiguity or discrepancy could not reasonably have been foreseen by the Contractor, the Engineer shall certify and the Employer shall pay such 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 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.   (2) One copy of the Drawings, furnished to the Contractor as aforesaid, shall be kept by the contractor on the Site and the same shall at all reasonable times be available for inspection and use by the Engineer and the Engineer39。 a Representative and by any other person authorised by the Engineer in writing.   (3) The Contractor shall give written notice to the Engineer whenever planning or progress of the Works is likely to be delayed or disrupted unless any further drawing or order, including a direction, instruction or approval, is issued by the Engineer within a reasonable time. The notice shall include details of the drawing or order required and of why and by when it is required and of any delay or disruption likely to be suffered if it is late.   (4) If, by reason of any failure or inability of the Engineer to issue within a time reasonable in all the circumstances any
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