某工程的FIDIC 合同专用条款英文版Word文档格式.docx

1、雇主的人员3.THE ENGINEER工程师ENGINEERS DUTIES AND AUTHORITY工程师的责任与权利ADDITIONAL TERMS AND CONDITIONS: MANAGEMENT MEETING管理会议4.THE CONTRACTOR承包商CONTRACTORS GENERAL OBLIGATIONS承包商的一般性义务PERFORMANCE SECURITY履约保证S REPRESENTATIVE承包商的代表SUBCONTRACTORS分包商UNFORESEEABLE PHYSICAL CONDITIONS不可预见的外力条件S EQUIPMENT承包商的设备ELE

2、CTRICITY, WATER AND GAS电、水和煤气S EQUIPMENT AND FREE-ISSUE MATERIAL雇主的设备和免费供应的材料5.NOMINATED SUBCONTRACTORS指定的分包商PAYMENTS TO NOMINATED SUBCONTRACTORS向指定的分包商支付款项6.STAFF AND LABOR管理人员和劳工WORKING HOURS工作时间FACILITIES FOR STAFF AND LABOR管理人员和劳工的设施S SUPERINTENDENCE承包商的监理7.PLANT MATERIALS AND WORKMANSHIP设备材料和人力

3、8.COMMENCEMENT, DELAYS AND SUSPENSION开工、延误和暂停TIME FOR COMPLETION竣工期限DELAY DAMAGES工期延误的赔偿9.TESTS ON COMPLETION竣工检验S OBLIGATIONS承包商的义务10.EMPLOYERS TAKING OVER雇主接收工程11.DEFECTS LIABILITY工程缺陷的责任12.MEASUREMENT AND EVALUATION测量和估价WORKS TO BE MEASURED工程的测量13.VARIATIONS AND ADJUSTMENTS工程变更和价格调整14.CONTRACTOR

4、PRICE AND PAYMENT承包商的价格和支付ADVANCE PAYMENT预付款PAYMENT支付PAYMENT OF RETENTION MONEY保留金的支付CURRENCIES OF PAYMENT支付的币种15.TERMINATION BY EMPLOYER雇主终止履行合同16.SUSPENSION AND TERMINATION BY CONTRACTOR承包商暂停和终止履行合同17.RISK AND RESPONSIBILITY风险和责任18.INSURANCE保险19.FORCE MAJEURE不可抗力20.CLAIMS, DISPUTES AND ARBITRATION

5、索赔、争端和仲裁General Provisions1.1Definitions1.1.2.2Employer is Qingdao Technological University1.1.2.3Contractor is The first construction engineering limited company of China construction third engineering bureau.1.1.2.4Engineer is Hou Zhonglei1.1.3.1“Base Date is in July 3, 2013 .1.1.4.6Foreign Curren

6、cy means U.S. dollar.1.1.4.8Local Currency means RMB.1.1.6.3Employers Equipment means the apparatus, machinery and vehicles （if any） made available by the Employer for the use of the Contractor in the execution of the Works, as stated in the Specification; including the Plant which has not been take

7、n over by the Employer.1.2InterpretationIn these contract terms, including the provisions of the cost plus reasonable profit phrases, require the profits for the fee of one over twenty （5%）1.3CommunicationsAll communications should be sent to the following address, until a change of address notice i

8、s send to the other party so far.1.5Priority of documentsThe documents forming the Contract are to be taken as mutually explanatory of one another. In case of ambiguity or discrepancy, should be in accordance with the law decided to order. When engineers think it is necessary to explain such vague a

9、nd ambiguous, he is entitled to issue any instruction.1.6Contract AgreementThe format of the agreement is in the tender documents as the appendix of the particular conditions.1.7Joint and Several LiabilityUnless in accordance with the contractual obligations required or to comply with applicable leg

10、al purposes, the contractor shall present the contract as private and confidential files. Without the prior consent of employer, the contractor shall not in any professional or technical papers published, permitted, or disclosure of any of the engineering details.THE EMPLOYER2.1Right of Access to th

11、e SiteThe contractor could enter the construction site after September 1，The right and possession may not be exclusive to the Contractor.2.3s Personnels Personnel has duty to protect the environment of the construction site.Additional terms and conditions:The employer should complete the following w

12、orks :（1）Go through the land requisition, demolition work, smooth construction site, etc, make the construction coincident conditions.（2）The time and place of completing the water, electricity, communications lines need by the constructions.（3）The water, electricity, communications lines should be c

13、ompleted by the contractor self, and the cost should be borne by himself ,which has been included in the contract price .（4）The time of providing related data : Within 3 days after sign the agreement.（5）Promise about completing Related conventions :Complete within 7 days after related data had been

14、submit by contractor and Supervisor.（6）The time of the spot inspection: Employer is responsible for contacting the design unit for technical tests to the Contractor, provision of roads measuring control piles, standard point and elevation.（7）The promise of organizing drawings reviewing and Design De

15、tails: Three days before the start.（8）The promise of Coordinating conservation efforts: Respond by contractor.（9）Other works and promise by the contractor: Employer fails to perform the above paragraph （1）（8） obligations, resulting in schedule delays , the contractor shall submit a written applicati

16、on and obtain the Employeragree toextend the schedule , otherwise, the duration cannot be extended. Employer will inform the Contractor in writing of their duties delegated by the Supervising engineer and cost engineer.The Contractor shall complete the Start and completion formalities within 30 days

17、 after the relevant notifications issued ,and pay the related cost in accordance with regulations. Ifthe Contractor fails to timely pay related fees and result in the delays for apply these formalities, the Employer shall be entitled to deduct related expenses from the contract price ,and the contra

18、ctor shall pay 20000 Yuan for the default.2.The promise that the employer provide the name of standards and specifications, drawings and technical requirements to the contractor:（1）All national, provincial and municipal standards and norms procurement by the contractor itself, the developer does not

19、 provide.（2）Employer to the Contractor to provide drawings date and copy number: pre-construction provides four sets of drawings to the contractor （excluding standard atlas）. Contractor does need to increase the number of sets of drawings, subject to the consent of the Employer, the cost borne by th

20、e contractor.（3）The confidentiality requirements on drawings: The ownership of the drawings owned by contractor, the Contractor shall not disclose it to the third parties without permission.3. The representative appointed by the employer :THE ENGINEER3.1Engineers Duties and AuthorityThe Engineer sha

21、ll obtain the specific approval of the Employer before taking action under the following Sub-Clauses of these Conditions:. Management meeting The Engineer or the Contractors Representative may require the other to attend a management meeting in order to review the arrangements for future work. The E

22、ngineer shall record the business of management meetings and supply copies of the record to those attending the meeting 6 except: example text between lines may be copied and to the Employer. In the record, responsibilities for any actions to be taken shall be in accordance with the Contract.4.The C

23、ontractor4.1Contractors General ObligationsTemporary works or those are designed by the employer are not all borne by the contractor responsibility.4.2Performance SecurityDelete the fourth sentence of clause 4.2 （）,and replace with:If the performance security uses the form of bank guarantee，then，（a）

24、 Performance bond should be issued by construction bank within the territory of the country, or（b）Employer could accept the performance security issued directly by the foreign banks.If the performance security is not in the form of a bank guarantee, the performance security should be issued by the f

25、inancial institution which is registered or obtained license in the host country.4.3s RepresentativeAdd conditions:（a）The contractors representative and all such persons should be able to use mandarin fluently.（b）If the contractors representative and all such persons cannot use mandarin fluently, Th

26、e contractor shall appoint one qualified interpreters is present in all the workingtime.4.4Subcontractors（a）If the subcontract value less 0.01% than accepted contract amount, without prior consent.（b）As to some materials such as Prefabricated Member or machined part ,the supplier shall obtain the en

27、gineers prior consent.（c）As long as possible, the contractor should provide a fair and reasonable opportunity for any qualified supplier form the host country.4.12 Unforeseeable Physical ConditionsDelete the paragraph （b） of the clause 4.12 ,and replace with :Payment of any relate costs , Its 80% wi

28、ll be added to the Contract Price.（The rest of cost should be borne by contractor）4.17 Contractors EquipmentThe Contractor shall be responsible for all Contractors Equipment. When brought on to the Site, Contractors Equipment shall be deemed to be exclusively intended for the execution of the Works.

29、 The Contractor shall not remove from the Site any major items of Contractors Equipment without the consent of the Engineer. However, consent shall not be required for vehicles transporting Goods or Contractors Personnel off Site.The contractors equipment owned by contractor （directly or indirectly） ,should be considered as the employers property since access to the site. Ownership of such property shall not:（a）Affect the employers respons