FIDIC黄皮书官方版 Conditions of Contract for Plant and DesignBuild.doc
Conditions of Contractfor Plant and Design-BuildGENERAL CONDITIONSFor Electrical and Mechanical works and for building and engineering works designed by the contractor.FIRST EDITION 1999ISBN-2-88432-023-7FEDERATION INTERNATIONALE DES INGENIEURS-CONSEILSINTERNATIONAL FEDERATION OF CONSULTING ENGINEERSINTERNATIONALE VEREINIGUNG BERATENDER INGENIEUREFEDERACION INTERNACIONAL DE INGENIEROS CONSOLTORES General Conditions CONTENTS 1General Provisions 1.1Definitions 1.2Interpretation 1.3Communications 1.4Law and Language 1.5Priority of Documents 1.6Contract Agreement 1.7Assignment 1.8Care and Supply of Documents 1.9Errors in the Employer's Requirements 1.10Employer's Use of Contractor's Documents 1.11Contractor's Use of Employer's Documents 1.12Confidential Details 1.13Compliance with Laws 1.14Joint and Several Liability 2The Employer 2.1Right of Access to the Site 2.2Permits, Licences or Approvals 2.3Employer's Personnel 2.4Employer's Financial Arrangements 2.5Employer's Claims 3The Engineer 3.1Engineer's Duties and Authority 3.2Delegation by the Engineer 3.3Instructions of the Engineer 3.4Replacement of the Engineer 3.5Determinations 4The Contractor 4.1Contractor's General Obligations 4.2Performance Security 4.3Contractor's Representative 4.4Subcontractors 4.5Nominated Subcontractors 4.6Co-operation 4.7Setting Out 4.8Safety Procedures 4.9Quality Assurance 4.10Site Data 4.11Sufficiency of the Accepted Contract Amount 4.12Unforeseeable Physical Conditions 4.13Rights of Way and Facilities 4.14Avoidance of Interference 4.15Access Route 4.16Transport of Goods 4.17Contractor's Equipment 4.18Protection of the Environment 4.19Electricity, Water and Gas 4.20Employer's Equipment and Free-Issue Material 4.21Progress Reports 4.22Security of the Site 4.23Contractor's Operations on Site 4.24Fossils 5Design 5.1General Design Obligations 5.2Contractor's Documents 5.3Contractor's Undertaking 5.4Technical Standards and Regulations 5.5Training 5.6As-Built Documents 5.7Operation and Maintenance Manuals 5.8Design Error 6Staff and Labour 6.1Engagement of Staff and Labour 6.2Rates of Wages and Conditions of Labour 6.3Persons in the Service of Employer 6.4Labour Laws 6.5Working Hours 6.6Facilities for Staff and Labour 6.7Health and Safety 6.8Contractor's Superintendence 6.9Contractor's Personnel 6.10Records of Contractor's Personnel and Equipment 6.11Disorderly Conduct 7Plant, Materials and Workmanship 7.1Manner of Execution 7.2Samples 7.3Inspection 7.4Testing 7.5Rejection 7.6Remedial Work 7.7Ownership of Plant and Materials 7.8Royalties 8Commencement, Delays and Suspension 8.1Commencement of Works 8.2Time for Completion 8.3Programme 8.4Extension of Time for Completion 8.5Delays Caused by Authorities 8.6Rate of Progress 8.7Delay Damages 8.8Suspension of Work 8.9Consequences of Suspension 8.10Payment for Plant and Materials in Event of Suspension 8.11Prolonged Suspension 8.12Resumption of Work 9Tests on Completion 9.1Contractor's Obligations 9.2Delayed Tests 9.3Retesting 9.4Failure to Pass Tests on Completion 10Employers Taking Over 10.1Taking Over of the Works and Sections 10.2Taking Over of Parts of the Works 10.3Interference with Tests on Completion 10.4Surfaces Requiring Reinstatement 11Defects Liability 11.1Completion of Outstanding Work and Remedying Defects 11.2Cost of Remedying Defects 11.3Extension of Defects Notification Period 11.4Failure to Remedy Defects 11.5Removal of Defective Work 11.6Further Tests 11.7Right of Access 11.8Contractor to Search 11.9Performance Certificate 11.10Unfulfilled Obligations 11.11Clearance of Site 12Tests After Completion 12.1Procedure for Tests after Completion 12.2Delayed Tests 12.3Retesting 12.4Failure to Pass Tests after Completion 13Variations and Adjustments 13.1Right to Vary 13.2Value Engineering 13.3Variation Procedure 13.4Payment in Applicable Currencies 13.5Provisional Sums 13.6Daywork 13.7Adjustments for Changes in Legislation 13.8Adjustments for Changes in Cost 14Contract Price and Payment 14.1The Contract Price 14.2Advance Payment 14.3Application for Interim Payment Certificates 14.4Schedule of Payments 14.5Plant and Materials intended for the Works 14.6Issue of Interim Payment Certificates 14.7Payment 14.8Delayed Payment 14.9Payment of Retention Money 14.10Statement at Completion 14.11Application for Final Payment Certificate 14.12Discharge 14.13Issue of Final Payment Certificate 14.14Cessation of Employer's Liability 14.15Currencies of Payment 15Termination by Employer 15.1Notice to Correct 15.2Termination by Employer 15.3Valuation at Date of Termination 15.4Payment after Termination 15.5Employer's Entitlement to Termination 16Suspension and Termination by Contractor 16.1Contractor's Entitlement to Suspend Work 16.1Termination by Contractor 16.3Cessation of Work and Removal of Contractor's Equipment 16.4Payment on Termination 17Risk and Responsibility 17.1Indemnities 17.2Contractor's Care of the Works 17.3Employer's Risks 17.4Consequences of Employer's Risks 17.5Intellectual and Industrial Property Rights 17.6Limitation of Liability 18Insurance 18.1General Requirements for Insurances 18.2Insurance for Works and Contractor's Equipment 18.3Insurance against Injury to Persons and Damage to Property 18.4Insurance for Contractor's Personnel 19Force Majeure 19.1Definition of Force Majeure 19.2Notice of Force Majeure 19.3Duty to Minimise Delay 19.4Consequences of Force Majeure 19.5Force Majeure Affecting Subcontractor 19.6Optional Termination, Payment and Release 19.7Release from Performance under the Law 20Claims, Disputes and Arbitration 20.1Contractor's Claims 20.2Appointment of the Dispute Adjudication Board 20.3Failure to Agree Dispute Adjudication Board 20.4Obtaining Dispute Adjudication Board's Decision 20.5Amicable Settlement 20.6Arbitration 20.7Failure to Comply with Dispute Adjudication Board's Decision 20.8Expiry of Dispute Adjudication Board's Appointment APPENDIX GENERAL CONDITIONS OF DISPUTE ADJUDICATION AGREEMENT INDEX OF SUB-CLAUSES Definitions listed alphabetically 1.1.4.1Accepted Contract Amount1.1.6.5Laws 1.1.1.9Appendix to Tender1.1.1.3Letter of Acceptance 1.1.3.1Base Date1.1.1.4Letter of Tender 1.1.3.2Commencement Date1.1.4.8Local Currency 1.1.1.1Contract1.1.5.3Materials 1.1.1.2Contract Agreement1.1.2.1Party 1.1.4.2Contract Price1.1.4.9Payment Certificate 1.1.2.3Contractor1.1.3.8Performance Certificate 1.1.6.1Contractor's Documents1.1.6.6Performance Security 1.1.5.1Contractor's Equipment1.1.5.4Permanent Works 1.1.2.7Contractor's Personnel1.1.5.5Plant 1.1.1.7Contractor's Proposal1.1.4.10Provisional Sum 1.1.2.5Contractor's Representative 1.1.4.11Retention Money 1.1.4.3Cost1.1.1.6Schedules 1.1.6.2Country1.1.1.10Schedule of Guarantees 1.1.2.9DAB1.1.1.10Schedule of Payments 1.1.3.9day1.1.5.6Section 1.1.3.7Defects Notification Period1.1.6.7Site 1.1.2.2Employer1.1.4.12Statement 1.1.6.3Employer's Equipment1.1.2.8Subcontractor 1.1.2.6Employer's Personnel1.1.3.5Taking-Over Certificate 1.1.1.5Employer's Requirements1.1.5.7Temporary Works 1.1.2.4Engineer1.1.1.8Tender 1.1.2.10FIDIC1.1.3.6Tests after Completion 1.1.4.4Final Payment Certificate1.1.3.4Tests on Completion 1.1.4.5Final Statement1.1.3.3Time for Completion 1.1.6.4Force Majeure1.1.6.8Unforeseeable 1.1.4.6Foreign Currency1.1.6.9Variation 1.1.5.2Goods1.1.5.8Works 1.1.4.7Interim Payment Certificate 1.1.3.9year General Conditions1General Provisions1.1Definitions 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. 1.1.1The Contract 1.1.1.1"Contract" means the Contract Agreement, the Letter of Acceptance, the Letter of Tender, these Conditions, the Employer's Requirements, the Schedules, the Contractor's Proposal, 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 (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 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. 1.1.1.4"Letter 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. 1.1.1.4"Employer's Requirements" means the document entitled employer's 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. 1.1.1.6"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 data, lists and schedules of payments and/or prices. 1.1.1.7"Contractor's Proposal” means the document entitled proposal, which the Contractor submitted with the Letter of Tender, as included in the Contract. Such document may include the Contractor's preliminary design. 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 . 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 Guarantees” and "Schedule of Payments" mean the documents so named (if any) which are comprised in the Schedules. 1.1.2Parties 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 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(s). 1.1.2.4"Engineer” means the person appointed by the Employer to act as the Engineer for the purposes of the Contract and named in the 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"Contractor's 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 Contractor's Representative, who acts on behalf of the Contractor. 1.1.2.6"Employer'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. 1.1.2.7Contractor's Personnel” means the Contractor's Representative and 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 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"DAB” means the person or three persons so named in the Contract, or other person(s) appointed under Sub-Clause 20.2 Appointment of the Dispute Adjudication Board or Sub-Clause
