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1、 CONDITIONS OF CONTRACT FOR PLANT AND DESIGN-BUILDFIRST EDITION 1999General Conditions1 General Provisions1.1 DefinitionsIn the Conditions of Contract (these Conditions), which include Particular Conditions and these General Conditions, the following words and expressions shall have the meanings sta
2、ted. Words indicating persons or parties include corporations and other legal entities, except where the context requires otherwise.1.1.1The Contract 1.1.1.1Contract means the Contract Agreement, the Letter of Acceptance, the Letter of Tender, these Conditions, the Employers Requirements, the Schedu
3、les, the Contractors Proposal, and the further documents (if any) which are listed in the Contract Agreement or in the Letter of Acceptance.1.1.1.2Contract Agreement means the Contract Agreement (if any) referred to in Sub-Clause1.6 Contract Agreement.1.1.1.3Letter of Acceptance means the letter of
4、formal acceptance, signed by the Employer, of the Letter of Tender, including any annexed memoranda comprising 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 receivin
5、g the Letter of Acceptance means the date of signing the Contract Agreement.1.1.1.4Letter of Tender means the document entitled Letter of Tender, which was completed by the Contractor and includes the signed offer to the Employer for the Works.1.1.1.5 Employers Requirements means the document entitl
6、ed Employers Requirements, as included in the Contract, and any additions and modifications to such document in accordance with the Contract. Such document specifies the purpose, scope, and/or design and/or other technical criteria, for the Works.1.1.1.6Schedules means the document(s) entitled Sched
7、ules, completed by the Contractor and submitted with the Letter of Tender, as included in the Contract. Such document may include data, lists and Schedules of payments and/or prices.1.1.1.7Contractors Proposal means the document entitled proposal, which the Contractor submitted with the Letter of Te
8、nder, as included in the Contract. Such document may include the Contractors preliminary design.1.1.1.8Tender means the Letter of Tender and all other documents which the Contractor submitted with the Letter of Tender, as included in the Contract.1.1.1.9Appendix to Tender means the completed pages e
9、ntitled Appendix to Tender which are appended to and form part of the Letter of Tender.1.1.1.10Schedule of Guarantees and Schedule of Payments mean the documents so named (if any) which are comprised in the Schedules.1.1.2Parties and Persons1.1.2.1Party means the Employer or the Contractor, as the c
10、ontext requires.1.1.2.2 Employer means the person named as Employer in the Appendix to Tender and the legal successors in title to this person.1.1.2.3 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(
11、s).1.1.2.4Engineer 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 Sub-Clause3.4 Replacement of the Engineer.1.1.2.
12、5 Contractors Representative means the person named by the Contractor in the Contract or appointed from time to time by the Contractor under Sub-Clause4.3 Contractors Representative, who acts on behalf of the Contractor.1.1.2.6Employers Personnel means the Engineer, the assistants referred to in Sub
13、-Clause3.2 Delegation by the Engineer and all other staff, labour and other employees of the Engineer and of the Employer; and any other personnel notified to the Contractor, by the Employer or the Engineer, as Employers Personnel.1.1.2.7Contractors Personnel means the Contractors Representative and
14、 all personnel whom the Contractor utilises on Site, who may include the staff, labour and other employees of the Contractor and of each Subcontractor; and any other personnel assisting the Contractor in the execution of the Works.1.1.2.8 Subcontractor means any person named in the Contract as a Sub
15、contractor, or any person appointed as a Subcontractor, for a part of the Works; and the legal successors in title to each of these persons.1.1.2.9 DAB means the person or three persons so named in the Contract, or other person(s) appointed under Sub-Clause20.2 Appointment of the Dispute Adjudicatio
16、n Board or Sub-Clause20.3 Failure to Agree Dispute Adjudication Board.1.1.2.10FIDIC means the Fdration Internationale des Ingnieurs-Conseils, the international federation of consulting engineers.1.1.3Dates, Tests, Periods and Completion1.1.3.1Base Date means the date 28 days prior to the latest date
17、 for submission of the Tender.1.1.3.2Commencement Date means the date notified under Sub-Clause8.1 Commencement of Works.1.1.3.3Time for Completion means the time for completing the Works or a Section (as the case may be) under Sub-Clause8.2 Time for Completion, as stated in the Appendix to Tender (
18、with any extension under Sub-Clause8.4 Extension of Time for Completion), calculated from the Commencement Date.1.1.3.4Tests on Completion means the tests which are specified in the Contract or agreed by both Parties or instructed as a Variation, and which are carried out under Clause9 Tests on Comp
19、letion before the Works or a Section (as the case may be) are taken over by the Employer.1.1.3.5Taking-Over Certificate means a certificate issued under Clause10 Employers Taking Over.1.1.3.6Tests after Completion means the tests (if any) which are specified in the Contract and which are carried out
20、 under Clause12 Tests after Completion after the Works or a Section (as the case may be) are taken over by the Employer.1.1.3.7Defects Notification Period means the period for notifying defects in the Works or a Section (as the case may be) under Sub-Clause11.1 Completion of Outstanding Work and Rem
21、edying Defects, as stated in the Appendix to Tender (with any extension under Sub-Clause11.3 Extension of Defects Notification Period), calculated from the date on which the Works or Section is completed as certified under Sub-Clause10.1 Taking Over of the Works and Sections.1.1.3.8Performance Certi
22、ficate means the certificate issued under Sub-Clause11.9 Performance Certificate.1.1.3.9day means a calendar day and year means 365 days.1.1.4Money and Payments1.1.4.1Accepted Contract Amount means the amount accepted in the Letter of Acceptance for the design, execution and completion of the Works
23、and the remedying of any defects.1.1.4.2Contract Price means the price defined in Sub-Clause14.1 The Contract Price, and includes adjustments in accordance with the Contract.1.1.4.3Cost means all expenditure reasonably incurred (or to be incurred) by the Contractor, whether on or off the Site, inclu
24、ding overhead and similar charges, but does not include profit.1.1.4.4Final Payment Certificate means the payment certificate issued under Sub-Clause14.13 Issue of Final Payment Certificate.1.1.4.5Final Statement means the Statement defined in Sub-Clause14.11 Application for Final Payment Certificat
25、e.1.1.4.6Foreign Currency means a currency in which part (or all) of the Contract Price is payable, but not the Local Currency.1.1.4.7 Interim Payment Certificate means a payment certificate issued under Clause14 Contract Price and Payment, other than the Final Payment Certificate.1.1.4.8Local Curre
26、ncy means the currency of the Country.1.1.4.9Payment Certificate means a payment certificate issued under Clause14 Contract Price and Payment.1.1.4.10Provisional Sum means a sum (if any) which is specified in the Contract as a Provisional Sum, for the execution of any part of the Works or for the su
27、pply of Plant, Materials or services under Sub-Clause13.5 Provisional Sums.1.1.4.11Retention Money means the accumulated Retention Moneys which the Employer retains under Sub-Clause14.3 Application for Interim Payment Certificates and pays under Sub-Clause14.9 Payment of Retention Money.1.1.4.12Stat
28、ement means a Statement submitted by the Contractor as part of an application, under Clause14 Contract Price and Payment, for a payment certificate.1.1.5Works and Goods1.1.5.1Contractors Equipment means all apparatus, machinery, vehicles and other things required for the execution and completion of
29、the Works and the remedying of any defects. However, Contractors Equipment excludes Temporary Works, Employers Equipment (if any), Plant, Materials and any other things intended to form or forming part of the Permanent Works.1.1.5.2Goods means Contractors Equipment, Materials, Plant and Temporary Wo
30、rks, or any of them as appropriate.1.1.5.3Materials means things of all kinds (other than Plant) intended to form or forming part of the Permanent Works, including the supply-only Materials (if any) to be supplied by the Contractor under the Contract.1.1.5.4Permanent Works means the Permanent Works
31、to be designed and executed by the Contractor under the Contract.1.1.5.5Plant means the apparatus, machinery and vehicles intended to form or forming part of the Permanent Works.1.1.5.6Section means a part of the Works specified in the Appendix to Tender as a Section (if any).1.1.5.7Temporary Works
32、means all Temporary Works of every kind (other than Contractors Equipment) required on Site for the execution and completion of the Permanent Works and the remedying of any defects.1.1.5.8Works mean the Permanent Works and the Temporary Works, or either of them as appropriate.1.1.6Other Definitions1
33、.1.6.1Contractors Documents means the calculations, computer programs and other software, drawings, manuals, models and other documents of a technical nature supplied by the Contractor under the Contract; as described in Sub-Clause5.2 Contractors Documents.1.1.6.2 Country means the Country in which
34、the Site (or most of it) is located, where the Permanent Works are to be executed.1.1.6.3 Employers 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 Employers Requirements; but
35、does not include Plant which has not been taken over by the Employer.1.1.6.4Force Majeure is defined in Clause19 Force Majeure.1.1.6.5Laws means all national (or state) legislation, statutes, ordinances and other Laws, and regulations and by-Laws of any legally constituted public authority.1.1.6.6 P
36、erformance Security means the security (or securities, if any) under Sub-Clause4.2 Performance Security.1.1.6.7Site means the places where the Permanent Works are to be executed and to which Plant and Materials are to be delivered, and any other places as may be specified in the Contract as forming
37、part of the Site. 1.1.6.8Unforeseeable means not reasonably foreseeable by an experienced Contractor by the date for submission of the Tender.1.1.6.9Variation means any change to the Employers Requirements or the Works, which is instructed or approved as a Variation under Clause13 Variations and Adj
38、ustments.1.2 Interpretation In the Contract, except where the context requires otherwise:(a) words indicating one gender include all genders;(b) words indicating the singular also include the plural and words indicating the plural also include the singular;(c) provisions including the word agree, ag
39、reed or agreement require the agreement to be recorded in writing, and(d) written or in writing means hand-written, type-written, printed or electronically made, and resulting in a permanent record.The marginal words and other headings shall not be taken into consideration in the interpretation of t
40、hese Conditions.1.3 Communications Wherever these Conditions provide for the giving or issuing of approvals, certificates, consents, determinations, notices and requests, these communications shall be:(a) in writing and delivered by hand (against receipt), sent by mail or courier, or transmitted usi
41、ng any of the agreed systems of electronic transmission as stated in the Appendix to Tender; and(b) delivered, sent or transmitted to the address for the recipients communications as stated in the Appendix to Tender. However:(i)if the recipient gives notice of another address, communications shall t
42、hereafter be delivered accordingly; and(ii)if the recipient has not stated otherwise when requesting an approval or consent, it may be sent to the address from which the request was issued.Approvals, certificates, consents and determinations shall not be unreasonably withheld or delayed. When a cert
43、ificate is issued to a Party, the certifier shall send a copy to the other Party. When a notice is issued to a Party, by the other Party or the Engineer, a copy shall be sent to the Engineer or the other Party, as the case may be.1.4 Law and LanguageThe Contract shall be governed by the law of the C
44、ountry (or other jurisdiction) stated in the Appendix to Tender.If there are versions of any part of the Contract which are written in more than one language, the version which is in the ruling language stated in the Appendix to Tender shall prevail.The language for communications shall be that stat
45、ed in the Appendix to Tender. If no language is stated there, the language for communications shall be the language in which the Contract (or most of it) is written.1.5 Priority of DocumentsThe documents forming the Contract are to be taken as mutually explanatory of one another. For the purposes of
46、 interpretation, the priority of the documents shall be in accordance with the following sequence:(a) the Contract Agreement (if any),(b) the Letter of Acceptance,(c) the Letter of Tender,(d) the Particular Conditions,(e) these General Conditions,(f) the Employers Requirements,(g) the Schedules, and
47、(h) the Contractors Proposal and any other documents forming part of the Contract.If an ambiguity or discrepancy is found in the documents, the Engineer shall issue any necessary clarification or instruction.1.6 Contract AgreementThe Parties shall enter into a Contract Agreement within 28 days after the Contractor receives the Letter of Acceptance, unless they agree otherwise. The Contract Agreement shall be based upon the form annexed to the Particular Conditions. The Costs of stamp duties and similar charges (if any) imposed by law in connection with entry
