VI Contract Sum Payment Methods 六、合同价款与支付 22 Contract Sum Adjustments 合同价款及调整 22.1 The contract sum shall be based on the tender prices submitted by the CONTRACTOR and expressly stated in the Contract. Other prices submissioVI Contract Sum & Payment Methods 六、合同价款与支付
22 Contract Sum & Adjustments 合同价款及调整
22.1 The contract sum shall be based on the tender prices submitted by the CONTRACTOR and expressly stated in the Contract. Other prices submission not form part of the original tender requirements shall be also be stated clearly in the Contract.
22.2 Once the Contract Sum had been fixed and stated in the Contract, the said Contract Sum can not be changed or varied. Both parties shall ascertain the Contract Sum in accordance with the following three methods: -
22.2.1 Contract sum based on fixed price. The contract sum agreed by the two parties in the Particular Conditions of Contract shall include risk framework and calculation method of risk expense. The contract sum shall not be changed within the framework of the agreed risk. The adjustment of the contract sum beyond the risk framework shall be stipulated in the Particular Conditions of Contract.
22.2.2 Contract sum based on variable price. The contract sum can be varied based on the agreement by the both parties set out in the Particular Conditions of Contract.
22.2.3 Contract sum based on the cost plus commission. Such contract sum includes the costs incurred by the CONTRACTOR agreed by the two parties and the method of calculation on commission stipulated in the Particular Conditions of Contract.
22.3 The price adjustment factors in the contract sum based on variant price include: -
22.3.1 The contract sum affected by the laws, administrative regulations and the variation of the state policies
22.3.2 Price adjustment factors issued by the price control department in charge of construction work
22.3.3 Power / water / gas supply failure which affecting the works at more than 8 accumulated hours not at the fault by the CONTRACTOR.
22.3.4 Any other factors agreed by the both parties in the Particular Conditions of Contract
22.4 In case under Clause 22.3, the CONTRACTOR shall submit a written report to the Engineer within 14 days after the case occurs, which shall include the reasons for price adjustment and the adjusted price amount. After the confirmation by the Engineer, this adjusted price shall be added to the contract sum and to be paid on the same date for the contract sum. If the Engineer does not confirm the contents in the report submitted by the CONTRACTOR and also does not raise the comment for revision, such shall be deemed that the Engineer has agreed the adjustment of the contract sum.
23 Down payment for the Works工程预付款
If the term of the down payment adopted, which should be stipulated the date and amount of the down payment to the CONTRACTOR previously in the Particular Conditions of Contract, after the commencement of the work, it shall be paid to the CONTRACTOR at the designated amount and the date as per the stipulations in the Particular Conditions of Contract. The date for the down payment shall not be 7 days later prior to the designated date of the commencement of the work. If the OWNER does not pay the CONTRACTOR the down payment as par agreed date, the CONTRACTOR shall request the OWNER to pay the down payment within 7 days after the promised payment date, if the OWNER still does not meet the CONTRACTOR request, the CONTRACTOR shall submit a notice to the OWNER and suspend the construction work after 7 days of the notice. The OWNER shall be responsible for the bank interest from the date previously both agreed for down payment and bear the responsibility of violation of the contract.
实行工程预付款的，双方应当在专用条款内约定业主向承包方预付工程款的时间和数额，开工后按约定的时间和比例逐次扣回。 预付时间应不迟于约定的开工日期前7天。业主不按约定预付， 承包方在约定预付时间7天后向业主发出要求预付的通知，业主收到通知后仍不能按要求预付， 承包方可在发出通知后7天停止施工，业主应从约定应付之日起向承包方支付应付款的贷款利息，并承担违约责任。
24 Confirmation of engineering quantity工程量的确认
24.1 The CONTRACTOR shall submit the report to the Engineer on finished work quantity at the time as per stipulated in the Particular Conditions of Contract. The Engineer shall verify the finished work quantity (hereinafter short as the quantity) in the report as per construction drawings within 7 days at the receipt of the report and inform the CONTRACTOR to send people for joint verification and provide convenience for checking the work quantity 24 hours prior to the verification of the work quantity submitted by the CONTRACTOR. After the receipt of the notice the CONTRACTOR does not attend the check over of the work quantity, the checked work quantity shall be effective and shall be the basis for later adjusted engineering sum.
24.2 If the Engineer does not check over the work quantity report within 7 days after the receipt of the report, the work quantity in the report shall be deemed as being confirmed by the Engineer from the 8th date of the receipt of the report, which shall be the basis for the payment of the engineering sum later. If the Engineer does not inform the CONTRACTOR to attend the check over the work quantity, the final checked work quantity shall be null and void.
24.3 The Engineer will not accept the work quantity that is beyond the scope of the designed drawings and caused out of the CONTRACTOR’s fault.
25 Progress Payment (Progress Claim) 工程款（进度款）支付
25.1 The OWNER shall honor the payment engineering sum (progress claim) to the CONTRACTOR within 14 days at the confirmation of the work quantity, at the same time the OWNER shall deduct the down payment from the CONTRACTOR at the designated time.
25.2 The adjusted contract sum based on Clause 22 in this provision, the adjusted contract sum as per Clause 30 and other additional contract sum as per other clauses shall be concurrently paid with engineering sum (progress claim).
25.3 If the OWNER fails to pay the engineering sum (progress claim) later than the agreed time, the CONTRACTOR can submit a request for the payment. If the OWNER cannot honor the payment after the receipt of the payment request, they can conclude an agreement for the postponement of the payment. After the approval by the CONTRACTOR the payment can be postponed. The agreement shall stipulate the date for the postponed payment and the OWNER shall pay the interest for the unpaid engineering sum from the 15th date at the confirmation of the engineering work quantity.
25.4 Construction work is unable to continue due to the reason that the OWNER fails to pay the engineering sum (progress claim) by the agreed time, and no agreement has been made by the two parties for the postponement of the payment of the engineering sum, the CONTRACTOR can suspend the work. In this case the OWNER shall be responsible for the liability of violation of the contract.
VII Supply of material & equipment 七、 材料设备供应
26 Supply of material & equipment by the OWNER 业主供应材料设备
26.1 If the material and the equipment to be supplied by the OWNER, the two parties shall make an agreed list of material and equipment as an attachment to the contract. The list shall include the items, specification, model, quantity, unit price, quality grade, date and place of delivery of the material and equipment supplied by the OWNER.
26.2 The OWNER shall provide the material and equipment as per the list and provide the CONTRACTOR catalogs and certificates of qualification of the material and the equipment and shall be responsible for their quality. The OWNER shall inform the CONTRACTOR in written form 24 hours prior to the delivery of the goods to the site and precede the joint inventory of the material and equipment to the site.
26.3 The CONTRACTOR shall take stock of the material and equipment supplied by the OWNER and take good care over them. The OWNER shall bear the expense for the storage of the material and equipment. The CONTRACTOR shall be responsible for any loss and damage of the material and equipment because of negligence of their work.
26.4 If the OWNER does not invite the CONTRACTOR to take stock of the material and equipment, the CONTRACTOR shall not be responsible for the taking care of them, thus the OWNER shall bear the responsibility for the loss and damage of these material and equipment.
26.5 The OWNER shall bear the responsibility the discrepancy found between the material and equipment list provided by the OWNER and the material and equipment delivered to the site, the two parties can make a stipulation in the Particular Conditions of Contract in any of the following conditions.
26.5.1 Discrepancy in price, the OWNER shall be responsible for price differential.
26.5.2 Discrepancy in item, specification, model, quality grade, the CONTRACTOR can refuse to take over the material and equipment and take care of them, which shall be shipped out of the site and the OWNER is required to purchase the correct material and equipment.
26.5.3 Discrepancy in specification and model, the CONTRACTOR may replace them with other specification and model at the approval of the OWNER, and the OWNER shall be responsible for the expense incurred.
26.5.4 Discrepancy in the place of delivery site, the OWNER shall be responsible to deliver the material and equipment to the designated place of delivery.
26.5.5 Discrepancy in quantity, the OWNER shall be responsible for the make up of the quantity, when the quantity is more than that stipulated, the OWNER shall ship the surplus material and equipment from the site.
26.5.6 If the date of delivery is earlier than required, the OWNER shall be responsible for the storage cost incurred when delivery date is later than scheduled, the OWNER shall be responsible for the expense incurred and the delay of the work progress, which shall be duly postponed.
26.6 Prior to the application of the material and equipment supplied by the OWNER, the CONTRACTOR shall be responsible for the inspection over them. Unqualified material and equipment shall not be used in the work. The OWNER shall be responsible for the inspection / testing expense.
26.7 Method of final account over the material and equipment supplied by the OWNER shall be stipulated in the Particular Conditions of Contract
27 Material and equipment purchased by the CONTRACTOR承包方采购材料设备
27.1 If the CONTRACTOR is required to purchase the material and equipment, which shall be fully in conformity with the stipulations in the Particular Conditions of Contract and the design as well as the relevant standards / codes. The CONTRACTOR shall provide catalogs and certificates of qualification to the OWNER and the CONTRACTOR shall be responsible for their quality. The CONTRACTOR shall inform the Engineer to count the material and equipment delivered to the site 24 hours prior to their delivery to site.
27.2 When the material and equipment purchased by the CONTRACTOR does not conform with the design requirement and standard / code, the CONTRACTOR shall be responsible for removal of the non-conformity material and equipment out of the site within the time required by the Engineer and re-purchase the material and equipment to meet the designed requirement, and also be responsible for the expense incurred and the work progress shall not be postponed.
27.3 Prior to the application of the material and equipment purchased by the CONTRACTOR, they should be under inspection or testing as per the Engineer requirement. No application for those unqualified material and equipment. The CONTRACTOR shall bear all the inspection and testing expense.
27.4 If the Engineer finds the material and equipment purchased by the CONTRACTOR is not in conformity with the designed requirement and standard / code, he shall request the CONTRACTOR to repair, tear off or re-purchase the material and equipment and bear the expense incurred. The work progress shall not be postponed.
27.5 If the CONTRACTOR needs to use substitute material, they have first to have approval from the Engineer before application, the parties shall conclude a written agreement for the variation of the contract sum.
27. 6 The OWNER shall not designate the suppliers for the material and equipment purchased by the CONTRACTOR.
VIII Alteration of the Works 八、工程变更
28 Alteration of Design 工程设计变更
28.1 In the course of construction, if the OWNER needs to alternate some design for the engineering, the OWNER shall inform the CONTRACTOR in written form 14 days prior to their decision. If such alteration exceeds the original design in the work volume or standard, the OWNER shall submit an application to the construction administrative department and other departments concerned for re-verification and approval and the original design institute has to provide the relevant revised drawings and construction notes. The CONTRACTOR shall make some changes as per the notice issued by the Engineer as follows: -
28.1.1 Alteration of coordinate, datum line, position and size.
28.1.2 Variation of work volume in the original contract.
28.1.3 Alteration of construction time and work order.
28.1.4 Any related work resulting from the alteration of the engineering.
The OWNER shall be responsible for any loss incurred by the CONTRACTOR because of such alteration and the scheduled work progress shall be duly postponed
28.2 During the construction period the CONTRACTOR shall not make any alteration for the original design. The CONTRACTOR shall be responsible for the direct loss incurred to the OWNER resulting from the alteration of design by the CONTRACTOR and the work progress shall not be postponed.
28.3 The CONTRACTOR shall have approval from the Engineer for any possible alteration because of their rational suggestions and proposals in the work, which would lead to the alteration of design drawings or construction program, change of material or equipment. The CONTRACTOR shall bear all cost therefrom and make compensation to the OWNER over the loss of benefit and the work progress shall not be postponed.
28.4 If the CONTRACTOR rational suggestions or proposals are approved by the Engineer, the both two parties shall bear the responsibility to share the expense incurred as well the benefit from the rational suggestions
29 Other alterations 其他变更
In the course of implementing the contract, the two parties shall negotiate to settle some practical changes resulting from the alteration of engineering quality grade or standard by the OWNER.
30 Confirmation of alteration in price 确定变更价款
30.1 The CONTRACTOR shall submit an estimated budget over the altered engineering within 14 days at the confirmation of engineering alteration. The contract sum shall be duly revised after the confirmation by the Engineer on this report. Alteration of contract sum proceeds as follows: -
30.1.1 If there is such applicable price for reference for the altered engineering in the contract, the contract sum shall be revised as per this price.
30.1.2 If there is only similar price for reference for the altered engineering in the contract, the contract sum to be revised as per this reference price in the contract.
30.1.3 If there is neither applicable nor similar price for the altered engineering in the contract, the CONTRACTOR can put forward their proposed price and implement it with the approval by the Engineer.
30.2 If the CONTRACTOR does not submit the report on variation of engineering sum to the Engineer within 14 days at the confirmation of the alteration of the engineering, it shall be deemed that this alteration of engineering will not affect the variation to the original contract sum.
30.3 The Engineer shall confirm the report on variation of engineering sum within 14 days at the receipt of the report. If the Engineer does not confirm the report without any appropriate reasons, it shall be deemed that the variation of engineering sum is automatically confirmed after 14 days at the submission of the report.
30.4 If the Engineer does not agree the variation of engineering sum submitted by the CONTRACTOR, it can be settled as per Clause 37 on Arbitration.
30.5 The variation of engineering sum confirmed by the Engineer shall be honored concurrently with the payment of the original engineering sum.
30.6 The engineering variation resulting from the fault by the CONTRACTOR, the CONTRACTOR has no right to claim for the variation of engineering sum.
IX Completion and acceptance of the work and final account 九、竣工验收与结算
31 Completion and acceptance of the engineering work 竣工验收
31.1 When the engineering is ready for acceptance, the CONTRACTOR shall provide the OWNER the complete material and acceptance report needed for the acceptance of the engineering as per the state regulation. If the two parties agreed that the as-built drawings to be supplied by the CONTRACTOR, it should be clearly indicated in the Particular Conditions of Contract the date of submission and number of the drawings.
31.2 The OWNER shall invite the departments concerned and arrange the acceptance work within 28 days at the receipt of the report for acceptance of the work submitted by the CONTRACTOR. The OWNER shall confirm or put forward revision comments within 14 days after the acceptance. The CONTRACTOR shall modify the work as per the OWNER requirement and bear all the expense incurred on the fault of their own.
31.3 If the OWNER does not carry out the acceptance work within 28 days after the receipt of the report for acceptance submitted by the CONTRACTOR or does not put forward any revision comments on the work within 14 days after the acceptance proceeding, it shall be deemed that the OWNER has confirmed the acceptance report.
31.4 After the acceptance of the engineering, the date of submission of the acceptance report shall be the date of completion of the work. If the engineering work is accepted after some revision work required by the OWNER, the actual date of completion of the engineering work shall be the date of the completion of the revision work and accepted by the OWNER.
31.5 If the OWNER does not arrange the acceptance proceeding within 28 days after the receipt of the acceptance report submitted by the CONTRACTOR, the OWNER shall be responsible for the taking care of the completed work and other unexpected liability starting from the 29th date of the submission of the acceptance report.
31.6 The engineering scope and date for the intermediate acceptance shall be previously stipulated in the Particular Conditions of Contract. The acceptance order shall follow the stipulations at Clauses 31.1 to 31.4 in this General Conditions of Contract.
31.7 Out of some specific reasons, the OWNER requires some single engineering work or part of the engineering work be left unfinished, in such case the two parties shall conclude an agreement on leaving some of the engineering work unfinished, stipulating the liabilities of the both parties and the terms of payment.
31.8 The OWNER shall not use the engineering work that is uncompleted or unaccepted. If the OWNER insists on using these engineering works, the OWNER shall be responsible for any quality liability and other problems therefrom.
32 Completion of engineering work and final account 竣工结算
32.1 The CONTRACTOR shall submit a final account report on completion of engineering work and complete material for final account within 28 days after the confirmation of the engineering acceptance report by the OWNER, the final account shall be settled by the two parties as per contract sum in the agreement contract and variation of contract sum stipulated in the Particular Conditions of Contract.
32.2 The OWNER shall verify the final account report on completion of engineering work and complete material for final account within 28 days after the receipt of the report, either confirm it or put forward revision comments. When the OWNER has confirmed the final account report submitted by the CONTRACTOR and inform the bank to honor the payment of the final account for the CONTRACTOR. The CONTRACTOR shall hand over the engineering work to the OWNER within 14 days after the receipt of the payment in the final account.
32.3 If the OWNER fails to honor the engineering sum within 28 days after the receipt of the final account report submitted by the CONTRACTOR without any reasonable reasons, the OWNER shall be then responsible for paying the bank interest rate as the CONTRACTOR paid for their bank loan, for the behind payment for the engineering work, and bear the liability of breach of the contract.
32.4 If the OWNER fails to settle the final account and pay the CONTRACTOR the amounts due for the engineering work within 28 days after the receipt of final account statement from the CONTRACTOR, the CONTRACTOR have the right to require the OWNER to pay immediately. If 56 days after the receipt of the final account statement, the OWNER still fails to pay the CONTRACTOR, the CONTRACTOR and the OWNER can enter into negotiation to settle the outstanding amounts due. The CONTRACTOR can choose to apply to the People's Court to have the Works put up for sale and the proceeds will firstly satisfy the CONTRACTOR's claims.
32.5 The CONTRACTOR fails to submit hand over the final account report and final account material to the OWNER within 28 days after the confirmation of acceptance report by the OWNER, resulting in the normal proceeding for the final account for the completion of engineering or delaying the payment of engineering final account, if the OWNER require the handing over of the engineering work, the CONTRACTOR shall meet their requirement; if the OWNER does not require for the handing over the engineering work, then the CONTRACTOR shall be responsible for taking care of the completed engineering work.
32.6 If there is dispute over the final account between the OWNER and the CONTRACTOR, it shall be settled as per the stipulations in Clause 36 on settlement of dispute in this General Conditions of Contract.
33 Engineering work quality guarantee 质量保修
33.1 According to the laws, administrative regulations or state relevant regulations for the engineering quality, the CONTRACTOR shall have responsibility for the engineering quality within the liability period.
33.2 Implementation of engineering quality guarantee: Prior to the completion of the engineering work, the CONTRACTOR shall conclude an agreement with the OWNER over the engineering quality guarantee as part of this contract.
33.3 The main contents in the letter of engineering quality guarantee includes: -
33.3.1 Contents and the scopes of quality guarantee质量保修项目内容及范围；
33.3.2 Term of liability period质量保修期；
33.3.3 Liabilities of quality assurance质量保修责任；
33.3.4 Terms of payment for the quality guarantee bond质量保修金的支付方法。
X Breach of the contract, claim and dispute 十、 违约、索赔和争议
34 Breach of the contract 违约
34.1 Breach of contract by the OWNER including the followings
34.1.1 The OWNER fails to pay the engineering sum in Clause 23 in this General Conditions of Contract
34.1.2 The construction work cannot be carried out because of the OWNER not paying the engineering sum as per Clause 25.4 in this General Conditions of Contract
34.1.3 The OWNER does not pay the engineering sum without any just reasons as mentioned in Clause 32.3 in this General Conditions of Contract
34.1.4 The OWNER does not implement his obligations set in the contract or fail to implement his obligations agreed in the contract:
The OWNER shall be responsible for the breach of the contract and compensate to the CONTRACTOR the loss arising from his breach of the contract and shall agree the postponement of the work progress. The two parties shall conclude an agreement in the Particular Conditions of Contract on the method of calculation for the compensation to the CONTRACTOR by the OWNER or the compensation amount for his action of the breach of the contract.
34.2 The breach of the contract by the CONTRACTOR including the following:
34.2.1 The date of completion is not in conformity with the stipulations in Clause 13.2 in this General Conditions of Contract or as per the Engineer agreed date because of the fault by the CONTRACTOR.
34.2.2 Engineering quality is not in conformity that stipulated in the agreement contract as stipulated in Clause 14.1 in this General Conditions of Contract because of the fault by the CONTRACTOR.
34.2.3 The CONTRACTOR does not implement obligations set in the contract or fail to implement the obligations agreed in the contract
The CONTRACTOR shall be responsible for the breach of the contract and compensate to the OWNER the loss arising from his breach of the contract.. The two parties shall conclude an agreement in the Particular Conditions of Contract on the method of calculation for the compensation of the loss to the OWNER by the CONTRACTOR or the compensation amount and method of calculation for such compensation
34.3 Breach of contract by either party requires that the violated party resume to implement the contract the violated party shall implement the contract even after having compensated the loss for the OWNER.
35 Claim 索赔
35.1 When one party raises claim to the other party, just reasons for claim shall be submitted with effective material to support for claim
35.2 When the OWNER fails to implement the obligations as per the contract, or other mistakes occur that the OWNER shall be responsible, resulting the work progress delay or the CONTRACTOR cannot obtain their progress claim in time and other loss to the CONTRACTOR, the CONTRACTOR can submit the claim as per the following procedures in written form.
35.2.1 Submit a notice for claim to the Engineer within 28 days of the claim issue:
35.2.2 After the submission of a notice of intention to claim, the CONTRACTOR shall details in supporting their application for extension of time and the loss and expense;
35.2.3 Within 28 days after the submission of claim report and relevant documents the engineer gives the reply or asks for further claim reasons and proof from the CONTRACTOR.
35.4 The Engineer fails to reply the claim notice within 28 days at the receipt of the claim notice or no further requirement put forward to the CONTRACTOR, it shall be deemed that the claim has been confirmed.
35.2.5 When the claim is in progress, the CONTRACTOR shall submit claim intention to the Engineer at intervals after the end of the claim issue, the CONTRACTOR shall submit to the OWNER claim relevant material and final claim report. The procedure for claim-reply is the same stipulations in (3) and (4).
35.3 The OWNER shall submit claim to the CONTRACTOR as per deadline in Clause 36.2 for the loss incurred to them because of the CONTRACTOR does not implement the obligations in the contract or the fault on their part.
36 Dispute 争议
36.1 Any dispute occurs in the course of implementing the contract between the OWNER and the CONTRACTOR can be settled through mutual reconciliation or require the department concerned for mediation. When the parties concerned do not agree to sort for reconciliation or mediation, or reconciliation and mediation are not successful, the dispute can be settled via one of the following forms the two parties previously set in the Particular Conditions of Contract.
Method 1 Submit application for arbitration to the Arbitration Committee as agreed by both parties.
Method 2 Submit the disputes to the Peoples Court having jurisdictions over the disputes.
Bring suit at the People’s Court under jurisdiction
36.2 The two parties shall continue to implement the contract, carry out the construction work and take care of the completed work even under the condition that the dispute exists with the exception one of the following reasons occurs:
36.2.1 Contract cannot be implemented any more because of unilateral breach of the contract by one party. The two parties conclude an agreement to stop the construction work.
36.2.2 Cease of construction work is required by the mediation and the decision is accepted by the both parties.
36.2.3 The arbitration committee requests the cease of the construction work.
36.2.4 The People’s Court requests the cease of the construction work
XI Others 十一、 其他
37 Subcontracting of the engineering work 工程分包
37.1 Apart the engineering work is sub-contracted by some sub-CONTRACTORs as per stipulations in the Particular Conditions of Contract and sub-contracts already concluded, the CONTRACTOR has no right to further sub-contract some part of the engineering work.
37.2 The CONTRACTOR is not allowed to transfer the contractual work to the third party or split the work into several parts he has contracted to other people in the form of sub-contracting.
37.3 The CONTRACTOR shall not be released from the liabilities and obligations even when the work is sub-contracted by others. The CONTRACTOR shall send his administrative staff to the sub-CONTRACTOR? construction site to ensure the contract successfully implemented. The CONTRACTOR shall bear the whole responsibility for the breach of contract by the sub-CONTRACTORs or the loss to the OWNER due to the negligence of the sub-CONTRACTORs in their work
37.4 The engineering sum for the sub-CONTRACTOR to be settled between the CONTRACTOR and sub-CONTRACTORs. Without the approval by the CONTRACTOR, the OWNER shall not pay any engineering sum to the sub-CONTRACTORs in any form.
38 Force de majeure 不可抗力
38.1 Force de majeure includes war, turmoil, flying object falling or explosion, fire not caused by the OWNER or the CONTRACTOR and those natural disasters stipulated in the Particular Conditions of Contract such as typhoon, storm, great snow, flood and earthquake, etc.
38.2 After the force de majeure occurs, the CONTRACTOR shall immediately inform the Engineer of the case, and do their best to take measures to lessen the loss to the least degree while the OWNER shall aid the CONTRACTOR in this field. If the Engineer deems necessary to suspend the work, the CONTRACTOR shall follow his instruction. The CONTRACTOR shall submit a report on the loss result from the force de majeure to the Engineer within 48 hours after incident and a budget needed for the cleaning of site and repair work. If the case is a continuous one , the CONTRACTOR shall report to the engineer at an interval of 7 days. The CONTRACTOR shall submit a formal report to the Engineer within 14 days after the end of the incident on the expense for cleaning the site and repair work and other relevant material.
38.3 The cost resulting from the force de majeure and postponed work progress to be shared by the both parties in the forms of the followings
38.3.1 The OWNER is responsible for direct loss to the engineering, the third party personal death or injury or loss of property and loss over the delivery of the material and equipment to the site and installation
38.3.2 Both the OWNER and the CONTRACTOR are responsible respectively for the cost of the death of the people in their own companies.
38.3.3 The CONTRACTOR shall be responsible for the damage to the equipment and stop over of the work.
38.3.4 During the stop of the engineering work, the OWNER shall be responsible for the cost incurred to the security and taking care of the equipment by the CONTRACTOR as required by the Engineer.
38.3.5 The OWNER shall be responsible for the cost on cleaning the site and repair works.
38.3.6 The delayed work progress shall be duly postponed.延误的工期相应顺延。
38.4 Force de majeure occurs at the time when one party has delayed the implementation of the contract; still this party cannot be released from the relevant liability.
39 Insurance 保险
39.1 Prior to the commencement of the construction work, the OWNER shall complete insurance for the construction engineering, the life and property of the people engaged in the construction work in the site and the third person and pay the insurance premium for them.
39.2 The OWNER shall be responsible for the insurance for building material and equipment delivered to the site and pay the insurance premium
39.3 The OWNER can entrust the CONTRACTOR to complete the necessary insurance proceedings and pay the insurance premium
39.4 The CONTRACTOR shall complete the insurance for their staff engaged in the dangerous work for accident insurance, and insurance for their people and equipment in the construction site and pay the insurance premium for them
39.5 When insurance incident occurs, the OWNER and the CONTRACTOR shall do their best to prevent the accident or reduce the loss to the least degree.
39.6 The specific contents to be insured and other related issue to be stipulated in the Particular Conditions of Contract by the OWNER and the CONTRACTOR.
40 Guarantee 担保
40.l In order to implement the contract in a all-rounded way, the OWNER and the CONTRACTOR shall offer mutual warranty with each other.
40.1.1 The OWNER provides the CONTRACTOR the guarantee for performance of the contract, pledging to pay the engineering sum and implement other obligations as stipulated in the contract.
40.1.2 The CONTRACTOR provides the OWNER the guarantee for performance of contract, pledging to implement the obligations of its own in the contract
40.1.3 When one party breaches the contract, the other party may require the third person that provides guarantee liability for it
40.1.4 Contents, mode and relevant liabilities of the warranty shall be stipulated in the Particular Conditions of Contract by the OWNER and the CONTRACTOR, besides the guarantee contract shall be concluded between the guaranteed and the guarantor as an attachment to this contract.
41 Patent and special technology 专利技术及特殊工艺
41.1 When the OWNER wishes to apply patent and special technology, it shall first complete the application procedure and bear the expense on application, testing and usage when the CONTRACTOR requires applying patent and special technology, approval by the Engineer is necessary, the CONTRACTOR shall bear the expense on application, testing and usage.
41.2 Application of the patent and special technology at one’s own will is an action of violation of the patent by other people; the party concerned shall bear related legal liability for its action.
42 Cultural / historic relic and underground obstacles 文物和地下障碍物
42.1 Any ancient tomb, ancient historic relics and fossil and other relics with archaeological value and geological research found in the course of the construction work, the CONTRACTOR shall keep intact of the spot and inform the Engineer in written form within 4 hours after the finding, while the Engineer shall report to the local departments concerned within 24 hours after the receipt of the report from the CONTRACTOR. Both the OWNER and the CONTRACTOR shall take proper measures to protect those historic relics. The OWNER shall bear the expense incurred and the work progress shall be duly postponed.
The person concerned shall bear legal liability for withholding the truth of the finding, leading the damage of the historic relics.
42.2 The OWNER shall bear the expense incurred and delayed work progress shall be duly postponed.
When the underground obstacles are known to be the property of a certain unit, the OWNER shall submit a report to the departments concerned for the joint effort and handling with it.
43 Termination of the contract 合同解除
43.1 The contract can be terminated on the agreement by the two parties
43.2 In case of Clause 25.4 in this General Conditions of Contract, and the suspension of work for more than 56 days and the OWNER still fails to pay the engineering sum ( progress claim ), the CONTRACTOR has right to cancel the contract.
43.3 In case of Clause 38.3 in this General Conditions of Contract, the CONTRACTOR has transferred the whole of his engineering work or split the whole work into several parts and have been sub-contracted, the OWNER has right to cancel the contract.
43.4 Both the OWNER and the CONTRACTOR may cancel the contract for one of the following reasons:
43.4.1 Contract cannot be implemented because of force de majeure
43.4.2 Breach of the contract by one party (including the cease of the engineering work or engineering work has been suspended for the fault of the OWNER) and make it impossible to implement the contract.
43.5 One party demands that the contract be cancelled as per Clauses 43.2, 43.3 and 43.4 it shall submit a written notice to the other party for cancellation of the contract, and information of cancellation of the contract shall be sent to the other party 7 days earlier to the written form, so the contract shall be cancelled when it reaches at the hand of the other party. Any disagreement over the cancellation of the contract can be settled as per the Clause 36 on “Dispute” in this General Conditions of Contract.
43.6 After the cancellation of the contract, the CONTRACTOR shall take good care of the completed part of the work, purchased material and equipment and prepare for the handing over. Retreat all their equipment and staff from the construction site. The OWNER shall provide necessary conditions for the CONTRACTOR to remove their equipment out of the site and bear the expense for it and pay the engineering sum as per the contract. The ordered material and equipment to be returned to the suppliers or cancel purchase contracts by the purchasing party. The OWNER shall bear the loss to the ordered material and equipment that cannot be returned and cost for the cancellation of the purchase contracts. The party concerned that fails to return to the material and equipment in time shall bear the cost arising therefrom. Besides, the violated party shall compensate a certain part of the loss incurred to the other party because of the breach of the contract.
43.7 The cancellation of the contract does not affect the proceeding of the final account and liquidation as set in the contract.
44 The contract goes effective and termination of the contract 合同生效与终止
44.l Modes of contract effectiveness set in the agreement contract by the two parties
44.2 Apart from Clause 34 in this General Conditions of Contract, the OWNER and the CONTRACTOR shall implement all the obligations in the contract. When the final account for the completion of the work is settled, and the CONTRACTOR has handed over the completed engineering to the OWNER, this contract shall automatically terminate.
44.3 After the termination of the rights and obligations in the contract, both the OWNER and the CONTRACTOR shall adhere the principle of honesty and prestige to honor the obligations in the notice and confidentiality and aid the work with each other.
45 Number of the contract copies 合同份数
45. l This contract is made in two originals, each having equal legal effect, the OWNER and the contract keeps one for each
45.2 The number of the copies of the contract to be decided by the two parties, which shall be stipulated in the Particular Conditions of Contract
46 Supplement Clauses 补充条款
According to the relevant laws, administrative regulations combined with the practical conditions of the engineering, the two parties, on the agreement concluded, can add some clauses or modify some of them in the contract, which shall be stipulated in the Particular Conditions of Contract.