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施工合同條件英文(參考版)

2024-12-21 23:39本頁面
  

【正文】 and the legal successors in title to each of these persons. DAB means the person or three persons so named in the Contract, or other person(s) appointed under SubClause [Appointment of the Dispute Adjudication Board] or SubClause [Failure to Agree Dispute Adjudication Board] FIDIC means the Federation Internationale des IngenieursConseils, the international federation of consulting engineers. Dates, Tests, Periods and Completion Base Date means the date 28 days prior to the latest date for submission of the Tender Commencement Date means the date notified under SubClause [Commencement of Works]. Time for Completion means the time for pleting the Works or a Section (as the case may be) under SubClause [Time for Completion], as stated in the Appendix to Tender (with any extension under SubClause [Extension of Time for Completion]), calculated from the Commencement Date. Tests on Completion means the tests which are specified in the Contractor 4 agreed by both Parties or instructed as a Variation, and which are carried out under Clause 9 [Tests on Completion] before the Works or a Section (as the case may be) are taken over by the Employer. TakingOver Certificate means a certificate issued under Clause 10 [Employer’s Taking Over]. Tests after Completion means the tests (if any) which are specified in the Contract and which are carried out in accordance with the provisions of the Particular Conditions after the Works or a Section (as the case may be) are taken over by the Employer. Defects Notification Period means the period for notifying defects in the Works or a Section (as the case may be) under SubClause [Completion of Outstanding Work and Remedying Defects], as stated in the Appendix to Tender (with any extension under SubClause 11 .3 [Extension or Defects Notification Period], calcu1ated from the date on which the Works or Section is pleted as certified under SubClause [Taking Over of the Works and Sections]. Performance Certificate means the certificate issued under SubClause [Performance Certificate]. day means a calendar day and year means 365 days. Money and Payments. Accepted Contract Amount means the amount accepted in the Letter of Acceptance for the ex。s Representative and all personnel whom the Contractor utilises on Site, who may include the staff, labour and other employees of the Contractor and of each Subcontractor。s Personnel. Contractor39。s Personnel means the Engineer, the assistants referred to in subClause [Delegation by the Engineer] and all other staff, labour and other employees of the Engineer and of the Employer。s Representative means the person named by the Contractor in the Contract or appointed from time to time by the Contractor under Sub—Clause [Contractor39。S TAKING OVER…………… …………………………………… 31 Taking Over of the Works and Sections Taking Over of Parts of the Works Interference with Tests on Completion Surfaces Requiring Reinstatement 11 DEFECTS LIABILITY…………………………………………………………… 33 Completion of Outstanding Work and Remedying Defects Cost of Remedying Defects Extension of Defects Notification Period Failure to Remedy Defects Removal of Defective Work Further Tests Right of Access Contractor to Search Performance Certificate Unfulfilled Obligations Clearance of Site 12 MEASUREMENT AND EVALUATION………………………………………… 36 Works to be Measured Method of Measurement Evaluation Omissions 13 VARIATIONS AND ADJUSTMENTS………………………… ………………… 37 Right to Vary Value Engineering Variation Procedure Payment in Applicable Currencies 6 Provisional Sums Daywork Adjustments for Changes in Legislation Adjustments for Changes in Cost 14 CONTRACT PRICE AND PAYMENT………………………………………… 41 The Contract Price Advance Payment Application for Interim Payment Certificates Schedule of Payments Plant and Materials intended for the Works Issue of Interim Payment Certificates Payment Delayed Payment Payment of Retention Money Statement at Completion Application for Final Payment Certificate Discharge Issue of Final Payment Certificate Cessation of Employer39。s Personnel Employer’s Financial Arrangements Employer’s Claims 3 THE ENGINEER…………………………………………… …………………… 11 Engineer39。s Use of Contractor’s Documents Contractor’s Use of Employer39。 Performance Certificate amp。 TakingOver Certificate amp。 Time for Completion (as extended under ) amp。 Performance Security amp。 Base Date amp。 if not, it must be amended. Where example wording is amended, and in all cases where other amendments or additions are made, care must be taken to ensure that no ambiguity is created, either with the General Conditions or between the clauses in the Particular Conditions. It is essential that all these drafting tasks, and the entire preparation of the tender documents, are entrusted to personnel with the relevant expertise, including the contractual, technical and procurement aspects. This publication concludes with example forms for the Letter of Tender, the Appendix to Tender (providing a checklist of the subclauses which refer to it), the Contract Agreement, and alternatives for the Dispute Adjudication Agreement. This Dispute Adjudication Agreement provides text for the agreement between the Employer, the Contractor and the person appointed to act either as sole adjudicator or as a member of a threeperson dispute 3 adjudication board。 (ii) if the wording in the General Conditions necessitates further data, then (unless it is so descriptive that it would have to be detailed in the Specification) the subclause makes reference to this data being contained in the Appendix to Tender, the data either being prescribed by the Employer or
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