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次出版了標(biāo)準(zhǔn)的土木工程施工合同條件的格式,專門用于國際工程項(xiàng)目,這就是FIDIC條款第1版。Lecture One FIDIC Contract Conditions FIDIC FIDIC is short form for Federation International Des Ingenieurs Conseil in French referring to the International Federation of Consulting Engineer. FIDIC Contract ConditionsFIDIC Contract Conditions issued by the CECC (Civil Engineering Contracts Committee) refer to standard conditions of contract for Works of Civil Engineering Construction designed for use in international projects. Up to now FIDIC has published four editions of FIDIC Contract Conditions. The First EditionIn 1957 the International Federation of Consulting Engineers (FIDIC) published for the first time a form of standard conditions of contract for works of civil engineering construction especially designed for use in international projects. Up to that time there were no editions which had been specifically prepared to govern international contract. The first editions was based on a form of contract in use in the United Kingdom which was published by the Institution of Civil Engineers (ICE) and thus very much reflect traditions and a legal system that were specifically British.第一講FIDIC合同條件 FIDICFIDIC是法文國際咨詢工程師聯(lián)合會(huì) (Federation International des IngenieursConseils) 的縮寫形式。 FIDIC合同條款所謂FIDIC合同條款,就是FDIC委員會(huì)制定的國際土木工程施工的合同條件或條款 到目前為止FIDIC出版了四版FIDIC合同條件。在此以前還沒有專門編制的適用于國際合同的條件。The Second EditionThe second edition of FIDIC Contract Conditions was issued in 1963, but did a small change to the conditions contained in the first edition. The second edition added a Part III to the first edition. This Part III was drafted to provide particular changes to the General conditions when the document was to be used for dredging and Land reclamation contracts.The Third EditionA plete revision of FIDIC contract conditions was made in 1977. The third edition of FIDIC contract conditions was published in 1977 and was acpanied by explanatory document entitled Notes on Documents for civil Engineering Contracts.The Fourth Edition In 1983the Executive mittee of FIDIC appointed a drafting mittee prised of members of the civil Engineering contract mittee (CECC) to prepare the fourth edition of FIDIC Contract Conditions.With four year’s hard work, the results of the work of the drafting mittee were approved in 1987 and the fourth edition of the conditions of contract for works of civil Engineering Construction was published at the Annual conference of FIDIC held in Lausanne, Switzerland in September of 1987.第二版 FIDIC條件第二版于1963年發(fā)行,對(duì)第一版作了一些小的變動(dòng)。此第三部分的起草制定主要用于疏竣和填筑合同,同時(shí)對(duì)通用條件作了一些具體變動(dòng)。并于當(dāng)年出版了FIDIC合同條件第三版,同時(shí)還出版了一本與此配套的題為“土木工程合同文件注釋”的解釋性文件。 經(jīng)過四年的艱苦工作,起草委員會(huì)工作成果得到了批準(zhǔn)與認(rèn)可,并于1987年9月在瑞士的洛桑舉行的FIDIC年會(huì)上發(fā)行了土木工程合同條件的第四版,即我們平時(shí)所稱的FIDIC條款第4版。1.3 技術(shù)方面和管理方面的標(biāo)準(zhǔn)化FIDIC合同條件提供了技術(shù)方面和管理方面的標(biāo)準(zhǔn)化。使用合同標(biāo)準(zhǔn)格式詳盡的合同條款具有明顯的優(yōu)點(diǎn)。標(biāo)準(zhǔn)化還可以在很大程度上避免履約不不佳,成本增加,以及由于施工合同各方彼此之間缺乏所需要的信任而引起的爭端。這是因?yàn)橥稑?biāo)者熟悉合同規(guī)定的適用條件。(即:現(xiàn)在他們只要按標(biāo)準(zhǔn)的合同條件行事即可。 FIDIC合同條件第四版對(duì)第三版的修改大致有以下各點(diǎn): 1)合同條件的第二部分(專用條件)已從以前備忘錄形式擴(kuò)展為一整套的完整的示范條款。3)The previous Part III (Dredging and Reclamation Works) has been incorporated into Part II.4) The style of the language and the layout of the clauses has been modernized to some degree but the sequence numbering of the clauses has been preserved. (The above mentioned principal changes refer to the changes in Editorial )5)The role of the Engineer has been maintained.6) The role of the Employer has been made more visible. Where increases in cost or extensions of time are to be determined by the Engineer, he has an obligation to consult with both the Employer and the Contractor before making his determination. 7) Every endeavor has been made to maintain the overall balance of rights and obligations between the two parties to the contract.8) Current practice has been reflected in the new edition.9) Procedures have been set out in greater detail and in an actionorientated ways.10) The conditions cater for a larger degree of Plant.11) Greater recognition has been made of the fact that some design of Permanent Works is, on occasion, made the responsibility of the Contractor.3)以前的第三部分(疏竣和填筑工程)已被編入第二部分。(以上各點(diǎn)的變動(dòng)是指在編者方面的變動(dòng)。 6)業(yè)主的作用規(guī)定得更加明顯,成本的增加或延長工期由工程師決定,并規(guī)定在作決定前,工程師有義務(wù)應(yīng)與業(yè)主及承包人協(xié)商。 8)現(xiàn)行實(shí)踐已體現(xiàn)在新版中。10)合同條件在更大程度上注意了“工程設(shè)備”11)進(jìn)一步認(rèn)識(shí)到有時(shí)永久工程的某項(xiàng)設(shè)計(jì)由承包人負(fù)責(zé)。這些編者訂正已編入了1988年重印本。1988年重印本的修正條款編輯在本頁的前一頁。(如逗號(hào)、分號(hào)、冒號(hào)和句號(hào)),以及“或”及“和”詞的使用修正,以便達(dá)到所有條款文體的一致性。Forward The eighth paragraph previously referred to the anticipated publication of the “Guide to the Use of FIDIC Conditions of Contract for Works of Civil Engineering Construction.”Page 42 SubClause , subpare(e). Definitions (iii) “interim Payment Certificate” and (iv) “Final Payment Certificate” have been added.Page 46 SubClause . Second paragraph has been added.Page 47 SubClause . Marginal note. The word “Adverse” has been changed to read “Not Foreseeable” (also amended in the contents and the index ).Page 48 SubClause . Last sentence has been shortened by deleting the words or, subject to the provisions of Clause 2, from the Engineer’s Representative”, and adding the words “(or his delegate)”.SubClause , pare1. Last sentence has been shortened by placing a full stop after the word “Engineer”, deleting the words “or subject to the provisions of Clause 2, the Engineer’s Representative.”Page 50 SubClause , subpare (a), The words “(the term “cost” in this context shall include profit)” have前言 第8段是指前版提及的期望出版的“FIDIC的土木工程施工合同條件應(yīng)用指南”。46頁 。 ,把句號(hào)提前到工程師后面,其余的文字“或根據(jù)第2條的規(guī)定接受工程師代表的指示”刪去。Page 51 SubClause , subpare (a). The word “where” has been corrected to read “whether”.Page 58 SubClause . The word “written” has been deleted at the end of the first line. Page 59 SubClause . The word “wayleaves” has been changed to read “rights of way” in the text and marginal no