【正文】 DischargeWhen submitting the Final Statement, the Contractor shall submit a written discharge which confirms that the total of the Final Statement represents full and final settlement of all moneys due to the Contractor under or in connection with the Contract. This discharge may state that it bees effective when the Contractor has received the Performance Security and the outstanding balance of the total, in which even this discharge shall be effective on such date.風(fēng)險(xiǎn)分析：對(duì)于此條款的理解，承包商在提交最終報(bào)表時(shí)，要盡量提交一份結(jié)清單，并且要注明該清單生效的條件，這是對(duì)承包商自己利益的保護(hù)，避免了業(yè)主不能給承包商全部結(jié)清工程款所帶來(lái)的不必要的麻煩。 issue of Interim Payment CertificatePrior to issuing the TakingOver Certificate for the Works, the Engineer shall not be bound to issue an Interim Payment Certificate in an amount which would (after retention and other deductions) be less than the minimum amount of Interim Payment Certificates (if any) stated in the Appendix to Tender. In this event, the engineer shall give notice to the Contractor accordingly.風(fēng)險(xiǎn)分析：在此條款中，承包商應(yīng)該注意的在投標(biāo)附錄中規(guī)定的最低支付限額是多少，在向業(yè)主或者工程師提出支付申請(qǐng)的時(shí)，要注意自己的凈金額是否低于最低支付金額，所以承包商在支付的時(shí)候要把握適當(dāng)，不然可能得不到支付款額，而影響了自己的資金流動(dòng)或者是工程的施工；如果承包商要打“擦邊球”就一定要把握好自己的尺度，否則自己的風(fēng)險(xiǎn)就會(huì)增加。 Advance Payment The Employer shall make an advance payment, as an interestfree loan for mobilization, when the Contractor submits a guarantee in accordance with the SubClause. The total advance payment, the number and timing of instalments (if more than one), and the applicable currencies and proportions, shall be as stated in the Appendix to Tender. Unless and until the Employer receives this guarantee, or if the total advance payment in not stated in the Appendix to Tender, this SubClause shall not apply. 風(fēng)險(xiǎn)分析：在本條款中，本條款成立的前提有兩個(gè)：一是承包商必須按照業(yè)主的要求，準(zhǔn)時(shí)的提交銀行保函；二是預(yù)付款的支付必須在投標(biāo)附錄中有具體的規(guī)定。但是，在本條款中缺少（a）條內(nèi)容，則說(shuō)明承包商可以少做一項(xiàng)工作，但是當(dāng)出現(xiàn)問(wèn)題時(shí)是否可以免除自己的責(zé)任，那就要看雙方的協(xié)商了。 Value EngineeringThe Contractor shall not make any alteration and/or modification of the Permanent Works, unless and until the engineer instructs or approves a Variation. The Contractor may, at any time, submit to the Engineer a written proposal which (in the Contractor’s opinion) will, if adopted, (i) accelerate pletion, (ii) improve the efficiency or value to the Employer of the pleted Works, or (iii) improve the efficiency or value to the Employer of the pleted Works, or (iv) otherwise be of benefit to the Employer.The proposal shall be prepared at the cost of the Contractor and shall include the items listed in SubClause (Variation Procedure).If a proposal, which is approved by the Engineer, includes a change in the design of part of the Permanent Works, then unless otherwise agreed by both Parties: (a) the Contractor shall design this part,(b) Subparagraphs (a) to (d) of SubClause (Contractor’s General Obligations ) shall apply, and (c) if this change results in a reduction in the contract value of this part, the Engineer shall proceed in accordance with SubClause (Determinations) to agree or determine a fee, which shall be included in the Contract Price. This fee shall be half (50%) of the difference between the following amounts: (i) such reduction in contract value, resulting from the change, excluding adjustment under SubClause (Adjustments for Changes in Cost), and (ii) the reduction (if any) in the value to the Employer of the varied works, taking account of any reductions in quality, anticipated life or operational efficiencies. However, if amount (i) is less than amount (ii), there shall not be a fee.風(fēng)險(xiǎn)分析：本條款為“價(jià)值工程”，是在新版FIDIC合同中新加入的條款，有利于承包商的利益，但是涉及到承包商運(yùn)用增加建議法進(jìn)行報(bào)價(jià)，需要承包商有很高的資質(zhì)進(jìn)行報(bào)價(jià)，承包商在其中可以得到相應(yīng)的利益，業(yè)主也可以獲得應(yīng)得的報(bào)酬，這是一個(gè)雙贏的條款。 條款 Extension of Time for Completion The Contractor shall be entitled subject to SubClause (Contractor’s Claims) to the extension of the Time for Completion if and to the extent that pletion for the purposes of SubClause (Taking Over of the Works and Sections) is or will be delayed by any of the following causes: (a) a Variation (unless an adjustment to the Time for Completion has been agreed under SubClause (Variation Procedure) or other substantial change in the quantity of an item of work included in the Contractor.(b) A cause of delay giving an entitlement to extension of time under a SubClause of these Conditions,(c) Unforeseeable shortages in the availability of personnel or Goods caused by epidemic or governmental actions, or (d) Any delay, impediment or prevention caused by or attributable to the Employer, the Employer’s Personnel, or the Employer’s other contractors on the site.If the Contractor considers himself to be entitled to an extension of the Time for Completion, the Contractor shall give notice to the Engineer in accordance with SubClause (Contractor’s Claims). When determining each extension of time under SubClause , the Engineer shall review previous determinations and may increase, but shall not decrease, the total extension of time. 風(fēng)險(xiǎn)分析：在此條款中，關(guān)于竣工時(shí)間的延長(zhǎng)，業(yè)主和承包商的責(zé)任都說(shuō)的很明確，但是對(duì)比新版FIDIC合同發(fā)現(xiàn)，這里少了一條，即：exceptionally adverse climatic conditions（特別不利的氣候條件），所以承包商就應(yīng)該注意，在新版FIDIC合同所謂的特別不利的氣候條件下是可以索賠工期的，但是這個(gè)工程沒(méi)有說(shuō)，那么承包商就應(yīng)該注意，是不是應(yīng)該跟業(yè)主商量，因?yàn)樵侥蠈儆诩撅L(fēng)氣候，雨季比較多，承包商就必須與業(yè)主達(dá)成一致，什么樣的氣候需要延長(zhǎng)工期。 InspectionThe Employer and any other person authorized by it, shall at all reasonable times: (a) have access to the Site and to all workshops and places where Materials and Plant are being manufactured, fabricated or prepared for the Works and the Contractor shall give every assistance in obtaining the right for such access at no cost to the Employer(b) during production, manufacture and construction (at the Site and elsewhere), be entitled to examine, inspect, measure and test the material and workmanship, and to check the progress of manufacture of Plant and production and manufacture of Materials. The Contractor shall give the Employer and any other person authorized full opportunity to carry out these activities, including providing access, facilities, permissions and safety equipment. No such activity shall reli