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國際承包工程合同格式(附英文)(參考版)

2025-01-05 18:39本頁面
  

【正文】 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。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 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 means any resident engineer or assistant of the Engineer, or any clerk of works appointed from time to time by the Employer or the Engineer to perform the duties set forth in Clause 2 hereof, whose authority shall be notified in writing to the Contractor by the Engineer.   (e) Works shall include both Permanent Works and Temporary Works.   (f) Contract means the Conditions of Contract, Specification, Drawings, priced Bill of Quantities, Schedule of Rates and Prices, if any, Tender, Letter of Acceptance and the Contract Agreement, if pleted.   (g) Contract Price means the sum named in the Letter of Acceptance, subject to such additions thereto or deductions therefrom as may be made under the provisions hereinafter contained.   (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.   (i) Temporary Works means all temporary works of every kind required in or about the execution or maintenance of the Works.   (j) Permanent Works means the permanent works to be executed and maintained in accordance with the Contract.   (k) Specification means the specification referred to in the Tender and any modification thereof or addition thereto as may from time to time be furnished or approved in writing by the Engineer.   (l) Drawings means the drawings referred to in the Specification and any modification of such drawings approved in writing by the Engineer and such other drawings as may from time to time be furnished or approved in writing by the Engineer.   (m) Site means the land and other places on, under, in or through which the Permanent Works 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 co
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