FIDIC-MDB-2010-GCC-Construction (正版）.pdffidic施工合同条

文件名称: FIDIC-MDB-2010-GCC-Construction (正版）.pdf

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详细说明：fidic施工合同条件 2010多边银行协调版红皮书4.3 Contractor's Representative 4.4 Subcontractors 4.5 Assignment of Benefit of Subcontract 4.6 Co-operation 4.7 Setting out 4.8 Safety Procedures 4.9 Quality Assurance 4.10 Site Data 4.11 Sufficiency of the Accepted Contract Amount 4.12 Unforeseeable Physical Conditions 4.13 Rights of Way and Facilities 4.14 Avoidance of interference 4.15 Access route 4.16 Transport of Goods 4.17 Contractor's equipment 4.18 Protection of the Environment 4.19 Electricity, Water and Gas 4.20 Employer's Equipmen Free-Issue Materials 4.21 Progress Reports 4.22 Security of the site 4.23 Contractor's Operations on Site 4.24 Fossils 5 NOMINATED SUBCONTRACTORS 5.1 Definition of nominated subcontr 5.2 Objection to Nomination 5.3 Payments to nominated Subcontractors 5.4 Evidence of Payments 6 STAFF AND LABOUR .。.,,,.,24 6. 1 Engagement of Statf and Labour 6.2 Rates of Wages and Conditions of Labour 6.3 Persons in the Service of Employer 6.4 Labour Laws 6.5 Working Hours 6.6 Facilities for statf and Labour 6. 7 Health and Safety 6.8 Contractor's Superintendence 6.9 Contractors Personnel 6. 10 Records of Contractor's Personnel and equipment 6. 11 Disorderly Conduct 6. 12 Foreign Personnel 6.13 Supply of Foodstuffs 6. 14 Supply of Water 6.15 Measures against Insect and Pest Nuisance 6. 16 Alcoholic Liquor or Drug 6.17 Arms and Ammunition 6.18 Festival and Religious Customs ED Do619 Funeral Arrangements 6.20 Forced Labour 6 C 6.22/ Employment Records of Workers 28 Workers' Organisatio O FIDIC 26.24 Non-Discrimination and Equal Opportunity C FIDIC 2010. Conditions of Contract for Construction MDB Harmonised ed June 2010- General Conditions For participating development bank financed contract use only. No reproduction of th s document is permitted 7 PLANT MATERIALS AND WORKMANSHIP 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 Royalties 8 COMMENCEMENT. DELAYS AND SUSPENSION 30 8. 1 Commencement of works 8. 2 T ime for Completion 8.3 Programme 8.4 Extension of Time for Completion 8.5 Delays Caused by Authorities 8.6 Rate of Progress 8.7 Delay Damages 8.8 Suspension of Work 8.9 Consequences of Suspension 8. 10 Payment for Plant and Materials in Event of Suspension 8. 11 Prolonged Suspension 8.12 Resumption of Work 9 TESTS ON COMPLETION .34 9. 1 Contractors obligations 9.2 Delayed Tests 9.3 Retesting 9. 4 Failure to Pass Tests on Completion 10 EMPLOYERS TAKING OVER ,35 10.1 Taking Over of the Works and Sections 10.2 Taking Over of Parts of the Works 10.3 Interterence with Tests on Completion 10.4 Surfaces Requiring reinstatement 11 DEFECTS LIABILITY ,37 11.1 Completion of Outstanding Work and Ri ving Detec 11.2 Cost of Remedying Defects 11.3 Extension of Defects Notification Period 11. 4 Failure to Remedy Defects 11.5 Removal of Defective Work 11.6 Further Test 11.7 Right of Access 11.8 Contractor to search KTED D ance Certificate fo Unfulfilled Oblig fi clearance of Sit DIC 2 FIDIC 2010. Conditions of Contract for Construction mDB harmonised Ed June 2010-General Conditions anticipating develcpment bank financed contract use only. No reproduction of th s document is permitted 12 MEASUREMENT AND EVALUATION 39 12.1 Works to be me 12.2 Method of measurement 12.3 Evaluation 12 Omissions 13 VARIATIONS AND ADJUSTMENTS 41 13. 1 Right to 13.2 Value Engineering 13.3 Variation Procedure 13. 4 Payment in Applicable Currencies 13.5 Provisional Su 3.6 Daywork 13.7 Adjustments for Changes in Legislation 13.8 Adjustments for Changes in Cost 4 CONTRACT PRICE AND PAYMENT.,.,,45 4.1 The contract price 14.2 Advance Payment 14.3 Application for Interim Payment Certificates 14.4 Schedule of Payments 14.5 Plant and materials intended for the works 4.6 Issue of Interim Payment Certificates 14.7 Payment 4.8 Delayed payment 14.9 Payment of Retention Mo 14.10 Statement at Completion 14.11 Application for Final Payment Certificate 14.12 Discharge 14.13 Issue of Final Payment Certiticate 1414 Cessation of Employer's Liability 4. 1 5 Currencies of Payment 15 TERMINATION BY EMPLOYER 53 15.1 Notice to Correct 15.2 Termination by Employer 15.3 Valuation at date of termination 15.4 Payment after Termination 15.5 Employer's Entitlement to Termination for Convenience 15.6 Corrupt or Fraudulent Practices 16 SUSPENSION AND TERMINATION BY CONTRACTOR ,,.,55 16.1 Contractor' s Entitle Suspend Work 16.2 Termination by Contractor 16.3 Cessation of Work and removal of Contractor's equipment ED D ds. 4 Payment on terminatio EFIDi1z RISK AND RESPONSIBILITY 57 11 Indemnities DIC 2017.2 Contractor's Care of the Works DIC 2010. Conditions of Contract for Construction MDB harmonised Ed June 2010-General Conditions anticipating develcpment bank financed contract use only. No reproduction of th s document is permitted 17.3 Employer's Risks 17.4C ices of Employer's Risks 17.5 Intellectual and Industrial Property Rigl 17.6 imitation of liabi 177∪ se of employers Ac dation/Facilities 8 INSURANCE 60 18.1 General Requirements for Insurances 18.2 Insurance for Works and Contractor's Equipment 18.3 Insurance agai iry to Persons and damage to Property 18.4 Ins surance tor contractors personnel 19 FORCE MAJEURE,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,63 19. 1 Definition of Force Majeure 1 9.2 Notice of Force Majel 19.3 Duty to Minimise De 19.4 Consequences of Force Majeure 19.5 Force Majeure Aftecting Subcontractor 19.6 Optional Termination, Payment and Rel 19.7 Release from Performance 20 CLAIMS, DISPUTES AND ARBITRATION 65 20.1 Contractor's Claims 20.2 Appointment of the dispute bo 20.3 Failure to Agree on the Composition of the Dispute Board 20.4 Obtaining Dispute Board's Decision 20.5 Amicable Settlement 20.6 Arbitration 20.7 Failure to comply with Dispute Board's Decision 20.8 Expiry of Dispute Board's Appointment APPENDⅨ: DISPUTE BOARD ,,,,,,:70 General Conditions of Dispute Board Agreement Annex: Procedural Rules INDEX OF SUB-CLAUSES ,77 DD O FIDIC 2 DIC 2010. Conditions of Contract for Construction MDB harmonised Ed June 2010-General Conditions anticipating develcpment bank financed contract use only. No reproduction of th s document is permitted Definitions listed alphabetically 1.4.1 Accepted Contract Amount 1.1.4.7 Interim Payment Certiticate 1.1,2.11Bank 1.6.5 Laws 1.1.3.1 Base Date 1.1.1.3 Letter of Acceptance 1.1.1.9 Bill of Quantities 1.1.1, 4 Letter of tender 1.1.2. 12 Borrower 1.4.8 Local Currency 1.1.3.2 Commencement date 1.1.5.3 Materials 1.1.1.1 Contract 1.1.6. 10 Notice of Dissatisfaction 1.1.1.2 Contract Agreement 1.1.2.1 Party 1.1.1.10 Contract Data 1. 1.4.9 Payment Certificate 1.1.4.2 Contract Price 1.1. 3.8 Performance Certificate 1.1.2.3 Contractor 1.1.6.6 Performance security 1.6.1 Contractor's Documents 1.1.5.4 Permanent Works 1.1.5. 1 Contractor's Equipment 1.1. 5.5 Plant 1.1,2.7 Contractor's Personnel 1.1.4.10 Provisional surm 1.1.2.5 Contractor's Representative 1.1. 4.11 Retention Money 1.1.43Cost 1.1.1.7 Schedules 1.1.6.2 Country 1.1.1.9 Schedule, Payment Currencies 1.1.29DB 1.1.5.6 Section 1.139dav 1.1.6.7Ste 1.1.1.9 Daywork Schedule 1.1.1.5 Specification 1.1.3.7 Defects Notification period 1.1. 4.12 Statement 1.1.6 Drawings 1.1.2.8 Subcontractor 1.1.2.2 Employer 1.1.3.5 Taking-Over Certificate 1.1.6.3 Employer's Equipment 1.1.5.7 Temporary Works 1.1.2.6 Employer's Personnel 1.1.1.8 Tender 1.2.4En 1.3.6 Tests after Completion 1.1.2.10F|D|C 1.1.3.4 Tests on Completion ED DoC 1. 4. 4 Final Payment Certiticate 1.1.3.3 Time for Completion 14.5 Final Statement 1.1.6.8 Unforeseeable 11.6.4 Force Maieure 1.1.6.9∨ aviatic 14.6 Foreign Currency 1.1.5.8 Works DIC IDIC 2010. Conditions of contract for Construction mDb harmonised ed June 2010- General Conditions participating development bank financed contract use only. No reproduction of th s document is permitted General Conditions General Provisions Definitions In the Conditions of Contract("these Conditions"), which include Particular Conditions Parts A and B, 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 The Contract 1.1.1.1Contract"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 1.1.1.2" Contract Agreement"means the contract agreement referred to in Sub Clause 1. 6 Contract Agreement 1.1.1.3Letter of Acceptance"means the letter of 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 receiving 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 or letter of bid, which was completed by the Contractor and includes the signed ofter to the employer for the Works 1.1.1.5"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 1.1.6" Drawings"means the drawings of the Works, as included in the Contract and any additional and modified drawings issued by (or on behalf of) the Employer in accordance with the Contract 1.1.1.7" 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 include the bill of quantities, data, lists and schedules of rates and/or prices 1.1.1.8 "Tender means the Letter of Tender and all other documents which the Contractor submitted with the letter of tender as included in the contract TED DO41.9“ Bill of quantities”,“ Daywork Schedule"and"“ Schedule of Payment Currencies "mean the documents so named (if any) which are comprised the schedules DIC 201v/1.10"Contract Data"means the pages completed by the Employer entitled contract data which constitute Part a of the Particular Conditions DIC 2010. Conditions of Contract for Construction MDB harmonised Ed June 2010-General Conditions anticipating develcpment bank financed contract use only. No reproduction of th s document is permitted 1.1.2 1.1.2. 1 "Party"means the Employer or the Contractor, as the context requires Parties and persons 1.2.2 " Employer means the person named as employer in the Contract data and the legal successors in title to this person 1.1.2.3 Contractor"means the person(s) named as contractor in the Letter ot Tender accepted by the Employer and the legal successors in title to this perso 1.2.4"Engineer"means the person appointed by the employer to act as the Engineer for the purposes of the Contract and named in the Contract Data, 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 Contractor's Representative "means the person named by the contractor in the Contract or appointed from time to time by the Contractor under Su Clause 4.3 Contractors Representative], who acts on behalf of the Contractor 1.1.2.6Employer's Personnel means the Engineer, the assistants referred to in Sub-Clause 3.2 [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 Employer's Personnel 1.2."Contractor's Personnel" means the Contractor s representative and all personnel whom the Contractor utilises on Site, who may include the stat, 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 subcontractor, 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 DB"means the person or three persons appointed under Sub-Clause 20.2 [Appointment of the Dispute Board] or Sub-Clause 20. 3 [Failure to Agree on the Composition of the Dispute Board] 1.2.10"FIDIC"means the Federation Internationale des Ingenieurs-Conseils, the international federation of consulting engineers 1.1.2.11"Bank"means the financing institution (if any) named in the Contract Data 1.1.2. 12"Borrower"means the person (f any) named as the borrower in the Contract Data 1.1.3 Dates, Tests, Periods 1.1.3.1 Base Date"means the date 28 days prior to the latest date for submission and Completion of the Tender TED 1.1.3.2"Commencement Date"means the date notified under Sub-Clause 8.1 [Commencement of Works aFIDIt.13. 3"Time for Completion"means the time for completing the Works or a Section (as the case may be)under Sub-Clause 8.2 [Time for Completion], as stated AFIDIC 20 in the Contract Data (with any extension under Sub-Clause 8. 4 EXtension of Time for Completion ]), calculated from the Commencement Date 2 DIC 2010. Conditions of Contract for Construction MDB harmonised Ed June 2010-General Conditions anticipating develcpment bank financed contract use only. No reproduction of th s document is permitted 1.1.3.4 Tests on Completion"means the tests which are specitied in the Contract or agreed by both Parties or instructed as a variation, and which are carried out under Clause 9 [Tests on Completion] before the Works or a Section (as the case may be) are taken over by the employer 1.1.3.5"Taking-Over Certificate"means a certiticate issued under Clause 10 [Employer's Taking Over 1.1.3.6"Tests after Completion"means the tests(if any) which are specified in the Contract and which are carried out in accordance with the specification after the Works or a Section (as the case may be) are taken over by the employer. 1.1.3.7"Defects Notification Period"means the period for notifying defects in the Works or a Section as the case may be) under Sub-Clause 11.1 [Completion of Outstanding Work and Remedying Defects], which extends over 365 days except if otherwise stated in the Contract Data (with any extension under Sub-Clause 11.3 [Extension of Defects Notification Period], calculated from the date on which the Works or Section is completed as certified under Sub-Clause 10.1 [Taking Over of the Works 1.1.3.8"Performance Certificate"means the certificate issued under sub-Clause 11.9 [Performance Certificate 1.1.3.9 day"means a calendar day and"year "means 365 days 1.1.4 Money and Payments 1.1.4.1 "Accepted Contract Amount "means the amount accepted in the Letter ot cceptance for the execution and completion of the Works and the remedying of any defects 1.1.4.2" Contract Price"means the price defined in Sub-Clause 14.1 The Contract Price, and includes adjustments in accordance with the Contract 1.1.4.3 Cost"means all expenditure reasonably incurred (or to be incurred) by the Contractor, whether on or off the Site, including overhead and similar charges, but does not include profit 1.1.4.4 " Final Payment Certificate"means the payment certificate issued under Sub-Clause 14.13[Issue of Final Payment Certificate 1.1.4.5"Final Statement "means the statement defined in Sub-Clause 14.1 LApplication for Final Payment Certiticate 1.1.4.6"Foreign 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 Clause 14 [Contract Price and Payment], other than the Final Payment Certificate ATED DO4d148 "Local Currency"means the currency of the Country aFiDi134 9 Payment Certificate"means a payment certificate issued under Clause 14 [Contract Price and Payment O FIDIC 2 1.1.4.10"Provisional Sum means a sum (if any) which is specified in the Contract as DIC 2010. Conditions of Contract for Construction MDB harmonised Ed June 2010-General Conditions anticipating develcpment bank financed contract use only. No reproduction of th s document is permitted 3

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