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施工合同條件英文-閱讀頁

2025-01-06 23:39本頁面
  

【正文】 uences of Employer’s Risks Intellectual and Industrial Property Rights Limitation of Liability 18 INSURANCE………………………………………………………………………… 54 General Requirements for Insurances Insurance for Works and Contractor’s Equipment Insurance against Injury to Persons and Damage to Property Insurance for Contractor’s Personnel 19 FORCE MAJEURE………………………………………………………………… 57 Definition of Force Majeure 7 Notice of Force Majeure Duty to Minimise Delay Consequences of Force Majeure Force Majeure Affecting Subcontractor Optional Termination, Payment and Release Release from Performance under the Law 20 CLAIMS, DISPUTES AND ARBITRATION…………………………………… 59 Contractor’s Claims Appointment of the Dispute Adjudication Board Failure to Agree Dispute Adjudication Board Obtaining Dispute Adjudication Board’s Decision Amicable Settlement Arbitration Failure to Comply with Dispute Adjudication Board’s Decision Expiry of Dispute Adjudication Board’s Appointment APPENDIX GENERAL CONDITIONS OF DISPUTE ADJUDICATION AGREEMENT……… 64 INDEX OF SUBCLAUSES……………………………………………………………… … 70 1 Definitions Listed alphabetically Accepted Contract Amount Interim Payment Certificate Appendix to Tender Laws Base Date Latter of Acceptance Bill of Quantities Letter of Tender Commencement Date Local Currency Contract Materials Contract Agreement Party Contract Price Payment Certificate Contractor Performance Certificate Contractor’s Documents Performance Security Contractor’s Equipment Permanent Works Contractor’s Personnel Plant Contractor’s Representative Provisional Sum Cost Retention Money Country Schedules DAB Section day Site Daywork Schedule Specification Defects Notification Period Statement Drawings Subcontractor Employer TakingOver Certificate Employer’s Equipment Temporary Works Employer’s Personnel Tender Engineer Tests after Completion FIDIC Tests on Completion Final Payment Certificate Time for Completion Final Statement Unforeseeable Force Majeure Variation Foreign Currency Works Goods year 2 General Conditions 1 General Provisions Definitions In the Conditions of Contract (these Conditions), which include Particular Conditions and these General Conditions, the following words and expressions shall have the meanings stated. Words indicating persons or parties include corporations and other legal entities, except where the context requires otherwise. The Contract Contract means the Contract Agreement, the Letter of Acceptance, the Letter of Tender, these Conditions, the Specification, the Drawings, the Schedules, and the further documents (if any) which are listed in the Contract Agreement or in the Letter of Acceptance. Contract Agreement means the contract agreement (if any) referred to in SubClause [Contract Agreement] Letter of Acceptance means the letter of formal acceptance, signed by the Employer, of the Letter of Tender, including any annexed memoranda prising agreements between and signed by both Parties. If there is no such letter of acceptance, the expression “Letter of Acceptance” means the Contract Agreement and the date of issuing or receiving the Letter Of Acceptance means the date of signing the Contract Agreement. Letter of Tender means the document entitled letter of tender, which was pleted by the Contractor and includes the signed offer to the Employer for the Works. Specification means the document entitled specification, as included in the Contract, and any additions and modifications to the specification in accordance with the Contract. Such document specifies the Works. Drawings means the drawings of the Works, as included in the Contract, and any additiona1 and modified drawings issued by (or on behalf of) the Employer in accordance with the Contract. Schedules means the document(s) entitled schedules, pleted by the Contractor and submitted with the Letter of Tender, as included in the Contract. Such document may include the Bill of Quantities, data, lists, and schedules of rates and/or prices. Tender means the Letter of Tender and all other documents which the Contractor submitted with the Letter of Tender, as included in the Contract Appendix to Tender means the pleted pages entitled appendix to tender which are appended to and form part of the Letter of Tender. Bill of Quantities and Daywork Schedule mean the documents so named (if any) which are prised in the Schedules. 3 Parties and Persons Party means the Employer or the Contractor, as the context requires. Employer means the person named as employer in the Appendix to Tender and the legal successors in title to this person. Contractor means the person(s) named as contractor in the Letter of Tender accepted by the Employer and the legal successors in title to this person(s). Engineer means the person appointed by the Employer to act as the Engineer for the purposes of the Contract and named in the Appendix to Tender, or other person appointed from time to time by the Employer and notified to the Contractor under SubClause [Replacement of the Engineer] Contractor39。s Representative], who acts on behalf of the Contractor. Employer39。 and any other personnel notified to the Contractor, by the Employer or the Engineer, as Employer39。s Personnel means the Contractor39。 and any Other personnel assisting the Contractor in the execution of the Works. Subcontractor means any person named in the Contract as a subcontractor, or any person appointed as a subcontractor, for a part of the W
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