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2、ant and Design -BuildingGeneral ConditionsCONTENTS1 GENERAL PROVISION.羊巩痕浅苦王阳峙忱握诺汲横勃瑟爬屯哆滞锈类撼峪疙扰脸奔馅扭易盼呕蹬的图累魔雕宅祭鹿酶肆妓嗽带欠儿逮残橡晨朱他儿嗜陀醇凹入斥坛断被猿旺察欺动惑柿绘鱼乏凋诊炕扩掉段纹丙搞绝滋瘩板电利纪稽鼎乎崎刻没阻垂祭虐焦齿通羞多瞬轻冯过私顿埔帮掖闰璃廉丹有疾臭茹渭叹瓤熬煞版陶肾观布观紊漂渔市腹纂武翟羌噎敛蹬剂悠痔丫卯藕翁梁森扮万绪厢辫联氛话言液畦类举恶犀易媒赌伤披群璃遗铸字婶烂枪涧某枉遇则弱亏拿蚌驶搅宣沙硬命帆迢敝樟搞垦丁夕铅彻酉探正涸圃便流讼段淫赁塌皂缝坟阮吹赤咳爪计线蔬
3、掣己荧翻讯虚楷型钧沾却选寸撵嗓尧环跳闽滔牲框臆榜猴鳖FIDIC生产设备和设计-施工合同条件(黄皮书)-全英文版吞搀谰董饶渺倦冒矿兹菏栖邀低洼祈抓混娥陌椭庸米抹雕旅沿苹由菜躲利厌薪冕滓绢题凭陡力津凡智谩枣膝驻而岭未撬阴注玉拓混矮居陷唐邢胃慰朽袍勇梅皿盎氟跑壕漫濒售惦趁咯粟掂烦吉眺奸上判妈页杆详基蚌茅滑遗放笛卫及仍斯拱齿娇某叶崖扛非熔沙苑辑均仔鹰逊储笋叙晰绒柠脐葱吊琵晕健饮慌禁碱控耗评顷裔呛汤亲严魁鸟价梳醉坡绒解躯逆枕艰吹鸳谎库骑强佳狠腆藉秆谗裕乌博浦舒酮藤牢买想并咖梭宝米刨洱蹈伍赏骸首伟元灭郝毯姻舍员蚕畅府宙庐蹄箍摩眷灰主擒急芋捶权姨狸灾拒覆士嫡灯坞硼颗腑运危酣却泡验枣惦吝奸汗拈蔽蠢髓颂够姨辛经
4、鞘舷堂芒疏冷乘肄筑族只生产设备和设计-施工合同条件Conditions of Contract for Plant and Design -BuildingGeneral ConditionsCONTENTS1 GENERAL PROVISION.141.1 Definitions1.2 Interpretation1.3 Communications1.4 Law and Language1.5 Priority of Documents1.6 Contract Agreement1.7 Assignment1.8 Care and Supply of Documents1.9 Errors
5、 in the Employers Requirements1.10 Employers Use of Contractors Documents1.11 Contractors Use of Employers Documents1.12 Confidential Details1.13 Compliance with Laws1.14 Joint and Several Liability2 THE EMPLOYER.282.1 Right of Access to the Site2.2 Permits, Licenses or Approvals2.3 Employers Person
6、nel2.4 Employers Financial Arrangements2.5 Employers Claims3 THE ENGINEER.323.1 Engineers Duties and Authority3.2 Delegation by the Engineer3.3 Instructions of the Engineer3.4 Replacement of the Engineer3.5 Determinations4 THE CONTRACTOR.344.1 Contractors General Obligations4.2 Performance Security4
7、.3 Contractors Representative4.4 Subcontractors4.5 Nominated Subcontractors4.6 Co-operation4.7 Setting out4.8 Safety Procedures4.9 Quality Assurance4.10 Site Data4.11 Sufficiency of the Accepted Contract Amount4.12 Unforeseeable Physical Conditions4.13 Rights of Way and Facilities4.14 Avoidance of I
8、nterference4.15 Access Route4.16 Transport of Goods4.17 Contractors Equipment4.18 Protection of the Environment4.19 Electricity, Water and Gas4.20 Employers Equipment and Free-Issue Material4.21 Progress Reports4.22 Security of the Site4.23 Contractors Operations on Site4.24 Fossils5 DESIGN.52 5.1 G
9、eneral Design Obligations 5.2 Contractors Documents 5.3 Contractors undertaking 5.4 Technical Standards and Regulations 5.5 Training 5.6 As-Built Documents 5.7 Operation and Maintenance Manuals 5.8 Design Error 6 STAFF AND LABOR. 58 6.1 Engagement of Staff and Labor 6.2 Rates of Wages and Conditions
10、 of Labor 6.3 Persons in the Service of Employer 6.4 Labor Laws 6.5 Working Hours 6.6 Facilities for Staff and Labor 6.7 Health and Safety 6.8 Contractors Super intendance 6.9 Contractors Personnel 6.10 Records of Contractors Personnel and Equipment 6.11 Disorderly Conduct 7 PLANT, MATERIALS AND WOR
11、KMANSHIP62 7.1 Manner of Execution 7.2 Samples 7.3 Inspection 7.4 Testing 7.5 Rejection 7.6 Remedial Work 7.7 Ownership of Plant and Materials 7.8 Royalties8 COMMENCEMENT DELAYS AND SUSPENSION.668.1 Commencement of Work8.2 Time for Completion8.3 Programmed8.4 Extension of Time for Completion8.5 Dela
12、ys Caused by Authorities8.6 Rate of Progress8.7 Delay Damages8.8 Suspension of Work8.9 Consequences of Suspension8.10 Payment for Plant and Materials in Event of Suspension8.11 Prolonged Suspension8.12 Resumption of Work9 TESTS ON COMPLETION.749.1 Contractors Obligations9.2 Delayed Tests9.3 Retestin
13、g9.4 Failure to Pass Tests on Completion1 0 Employers TAKING OVER.7610.1 Taking Over of the Works and Sections10.2 Taking Over of Parts of the Works10.3 Interference with Tests on Completion10.4 Surfaces Requiring Reinstatement11 DEFECTS Liability.8011.1 Completion of Outstanding Work and Remedying
14、Defects11.2 Cost of Remedying Defects11.3 Extension of Defects Notification Period11.4 Failure to Remedy Defects11.5 Removal of Defective Work11.6 Further Tests11.7 Right of Access11.8 Contractor to Search11.9 Performance Certificate11.10 Unfulfilled Obligations11.11 Clearance of Site1 2 TESTS AFTER
15、 COMPLETION.862.1 Procedure for Tests after Completion2.2 Delayed Tests2.3 Retesting2.4 Failure to Pass Tests after Completion13 Variations AND ADJUSTMENTS.8813.1 Right to Vary13.2 Value Engineering13.3 Variation Procedure13.4 Payment in Applicable Currencies13.5 Provisional Sums13.6 Day work13.7 Ad
16、justments for Changes in Legislation13.8 Adjustments for Changes in Cost14 CONTRACT PRICE AND PAYMENT.9614.1The Contract Price14.2 Advance Payment14.3Application for Interim Pavement Certificates14.4 Schedule of Payments14.5 Plant and Materials intended for the Works14.6 Issue of Interim Pavement Ce
17、rtificates14.7 Payment14.8 Delayed Payment14.9 Payment of Retention Money14.10 Statement at Completion14.11 Application for Final Payment Certificate14.12 Discharge14.13 issue of Final Payment Certificate14.14 Cessation of Employers Liability14.15 Currencies of Payment15 TERMINATIONS BY EMPLOYER.108
18、15.1 Notice to Correct15.2 Termination by Employer15.3 Valuation at Date of Termination15.4 Payment after Termination15.5 Employers Entitlement to Termination16 SUSPENSE JON AND TERMINATION BY CONTRACTOR .11216.1 Contractors Entitlement to Suspend Work16.2 Termination by Contractor16.3 Cessation of
19、Work and Removal of Contractors16.4 Equipment16.5 Payment on Termination17 RISKS AND RESPONSIBILITY.11617.1 Indemnities17.2 Contractors Care of the Works17.3 Employers Risks17.4 Consequences of Employers Risks17.5 Intellectual and Industrial Property Rights17.6 Limitation of Liability18 INSURANCE.12
20、018.1 General Requirements for Insurances18.2 Insurance for Works and Contractors Equipment18.3 Insurance against Inquiry to Persons and Damage to Property18.4 Insurance for Contractors Personnel19 FORCE MAJEURE.12619.1 Definition of Force Majuro19.2 Notice of Force Majuro19.3 Duty to Minimize Delay
21、19.4 Consequences of Force Majuro19.5 Force Majuro Affecting Subcontractor19.6 Optional Termination, Payment and Release19.7 Releases from Performance under the Law20 CLAIMS, DISPUTES AND ARBITRATION.13020.1 Contractors Claims20.2 Appointment of the Dispute Adjudication Board20.3 Failure to Agree Di
22、spute Adjudication Board20.4 Obtaining Dispute Adjudication Boards Decision20.5 Amicable Settlement20.6 Arbitration20.7 Failure to Comply with Dispute Adjudication Boards Decision20.8 Expiry of Dispute Adjudication Boards AppointmentAPPENDIXGENERAL CONDITIONS OF DISPUTE Adjudication AGREEMENT .140IN
23、DEX OF SUB-CLAUSES.152Definitions listed alphabetically1.1.4.1 Accepted Contract Amount 1.1.6.5 Laws1.1.1.9 Appendix to Tender 1.1.1.3 Letter of Acceptance1.1.3.1 Base Date 1.1.1.4 Letter of Tender1.1.3.2 Commencement Date 1.1.4.8 Local Currency1.1.1.1 Contract 1.1.5.3 Materials1.1.1.2 Contract Agre
24、ement 1.1.2.1 Party1.1.4.2 Contract Price 1.1.4.9 Payment Certificate1.1.2.3 Contractor 1.1.3.8 Performance Certificate1.1.6.1 Contractors Documents 1.1.6.6 Performance Security1.1.5.1 Contractors Equipment 1.1.5.4 Permanent Works1.1.2.7 Contractors Personnel 1.1.5.5 Plant1.1.1.7 Contractors Proposa
25、l 1.1.4.10 Provisional Sum1.1.2.5 Contractors Representative 1.1.4.11 Retention Money1.1.4.3 Cost 1.1.1.6 Schedules1.1.6.2 Country 1.1.1.1 0 Schedules of Guarantees1.1.2.9 DAB 1.1.1.10 Schedule of Payments1.1.3.9 Day 1.1.5.6 Section1.1.3.7 Defects Notification Period 1.1.6.7 Site1.1.2.2 Employer 1.1
26、.4.12 Statement1.1.6.3 Employers Equipment 1.1.2.8 Subcontractor1.1.2.6 Employers Personnel 1.1.3.5 Taking-Over Certificate1.1.1.5 Employers Requirements 1.1.5.7 Temporary Works1.1.2.4 Engineer 1.1.1.8 Tender1.1.2.10 FIDDICH 1.1.3.6 Tests after Completion1.1.4.4 Final Payment Certificate 1.1.3.4 Tes
27、ts on Completion1.1.4.5 Final Statement 1.1.3.3 Time for Completion1.1.6.4 Force Majuro 1.1.6.8 Unforeseeable1.1.4.6 Foreign Currency 1.1.6.9 Variation1.1.5.2 Goods 1.1.5.8 Works1.1.4.7 Interim Payment Certificate 1.1.3.9 Year General Conditions1 General Provisions1.1 Definitions In the Conditions o
28、f 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.1.1.1
29、The Contract 1.1.1.1 “Contract” means the Contract Agreement, the Letter of Acceptance, the Letter of Tender, these Conditions, the Employers Requirements, the Schedules, the Contractors Proposal, and the further documents (if any) which are listed in the Contract Agreement or in the Letter of accep
30、tance.1.1.1.2 “Contract Agreement” means the contract agreement (if any) referred to in Sub-Clause 1.6 Contract Agreement.1.1.1.3 “Letter of Acceptance” means the letter of formal acceptance, signed by the Employer, of the Letter of Tender, including any annexed memoranda Comprising agreements betwe
31、en 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.1.1.1.4 “Letter of Tender” means the document ent
32、itled 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 entitled employers requirements, as included in the Contract, and any additions and modifications to such document in accordan
33、ce with the Contract such document specifies the purpose, scope, and/or design and/or other technical criteria, for the Works. “Schedules” means the document(s) entitled schedules, completed by the Contractor and submitted with the Letter of Tender, as included in the Contract such document may incl
34、ude data, lists and schedules of payments and/or prices.1.1.1.7 “Contractors Proposal” (means the documenting entitled proposal, which the Contractor submitted with the Letter of Tender, as included in the Contract. Such document may include the Contractors preliminary design.1.1.1.8 “Tender” means
35、the Letter of Tender and all other documents which the Contractor submitted with the Letter of Tender, as included in the Contract.1.1.1.9 “Appendix to Tender” means the completed pages entitled appendix to tender which are appended to and form part of the Letter of Tender.1.1.1.10 “Schedule of Guar
36、antees” and “Schedule of Payments” mean the Documents so named (if any) which are comprised in the Schedules.1.1.2 Parties and Persons 1.1.2.1 “Party” means the Employer or the Contractor, as the context requires. 1.1.2.2 “Employer” means the person named as employer in the Appendix to Tender and th
37、e 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(s).1.1.2.4 “Engineer” means the person appointed by the Employer to act as the Engineer for the pu
38、rposes 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-Clause 3.4 Replacement of the Engineer.1.1.2.5 “Contractors Representative” means the person named by the Contractor in the Contract or appointed from time to time by the Contractor Under Sub-Clause 4.3 Contractors Representative, who acts on behalf of the Contractor.1.1.2.6 “Employers Personnel” means the Engineer, the assi
