FIDIC 合同通用条件 （第1-4条中英文） FIDIC General Conditions FIDIC简介 FIDIC全称为国际咨询工程师联合会（Fdration Internationale Des Ingnieurs-Conseils），FIDIC是该联合会法语名称的字头缩写。许多国家和地区都有自己民间的咨询工程师协会，这些FIDIC合同通用条件 （第1-4条 中英文）
FIDIC General Conditions
FIDIC全称为国际咨询工程师联合会（Fédération Internationale Des Ingénieurs-Conseils），FIDIC是该联合会法语名称的字头缩写。许多国家和地区都有自己民间的咨询工程师协会，这些协会的国际联合会就是“FIDIC”。
FIDIC于1913年在英国成立。第二次世界大战结束后FIDIC发展迅速起来。至今已有60多个国家和地区成为其会员。中国于1996年正式加入。FIDIC总部机构现设于瑞士洛桑（FIDIC P.O.Box 861000 Lausanne 12，Switzerland）。FIDIC是世界上多数独立的咨询工程师的代表，是最具权威的咨询工程师组织，它推动着全球范围内高质量、高水平的工程咨询服务业的发展。
FEDIC合同通用条件 FEDIC General Conditions
1 一般规定(1. General Provisions) 1.1定义(1.1 Definitions)
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.
1.1.1 合同(1.1.1 The Contract)
184.108.40.206 "Contract" 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.
220.127.116.11 "Contract Agreement" means the contract agreement (if any) referred to in Sub-Clause 1.6 [Contract Agreement].
18.104.22.168“中标函(Letter of Acceptance)”指雇主对投标文件签署的正式接受函，包括其后所附的备忘录(由合同各方达成并签定的协议构成)。在没有此中标函的情况下，“中标函”一词就指合同协议书，颁发或接收中标函的日期就指双方签订合同协议书的日期。
22.214.171.124 "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.
126.96.36.199“投标函(Letter of Tender)”指名称为投标函的文件，由承包商填写，包括已签字的对雇主的工程报价。
188.8.131.52 "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.
184.108.40.206 "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.
220.127.116.11 "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.
18.104.22.168 "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
22.214.171.124 "Tender" means the Letter of Tender and all other documents which the Contractor submitted with the Letter of Tender, as included in the Contract.
126.96.36.199“投标函附录(Appendix to Tender)”指名称为投标函附录并已填写完毕的文件，附于投标函之后并构成投标函的一部分。
188.8.131.52 "Appendix to Tender" means the completed pages entitled appendix to tender which are appended to and form part of the Letter of Tender.
184.108.40.206 “工程量表(Bill of Quantities)”和“计日工计划(Daywork Schedule)”指资料表中如此命名的文件(如有时)。
220.127.116.11 "Bill of Quantities" and "Day work Schedule" mean the documents so named (if any) which are comprised in the Schedules.
1.1.2 当事各方和当事人 1.1.2 Parties and Persons
18.104.22.168 "Party" means the Employer or the Contractor, as the context requires.
22.214.171.124 "Employer" means the person named as employer in the Appendix to Tender and the legal successors in title to this person.
126.96.36.199 "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).
188.8.131.52 "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 noted to the Contractor under Sub-Clause 3.4 [Replacement of the Engineer].
184.108.40.206 "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.
220.127.116.11 "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.
18.104.22.168 "Contractor'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.
22.214.171.124 "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.
126.96.36.199 "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 20.3 [Failure to Agree Dispute Adjudication Board]
188.8.131.52 “FIDIC”指国际咨询工程师联合会。184.108.40.206 "FIDIC" means the international federation of consulting Engineers.
1.1.3 日期、检验、期限和完成1.1.3 Dates, Tests, Periods and Completion
220.127.116.11 "Base Date" means the date 28 days prior to the latest date for of the Tender
18.104.22.168 "Commencement Date" means the date notified under Sub-Clause 8.1 (commencement of works)
22.214.171.124 "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 in the Appendix to Tender (with any extension under Sub Clause 8.4- [Extension of Time for Completion]), calculated from the Commencement Date.
126.96.36.199 "Tests 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 Clause 9 [Tests on Completion] before the Works or a Section (as the case may be) are taken over by the Employer.
188.8.131.52 "Taking-Over Certificate" means a certificate issued under Clause 10 [Employer's Taking Over].
184.108.40.206 "Tests after Completion" means the tests (if any) which are specked in the Contract and which are carried out in accordance with the provisions of the Particular Conditions after the Works or a Section (as the case may be) are taken over by the Employer.
220.127.116.11 "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], as stated in the Appendix to Tender (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 and Sections].
18.104.22.168 "Performance Certificate" means the certificate issued under Sub¬ Clause 11.9 [Performance Certificate].
22.214.171.124“日”指一个公历日，而“年”指365天。126.96.36.199 "day" means a calendar day and "year" means 365 days.
1.1.4 款项与支付1.1.4 Money and Payments
188.8.131.52 "Accepted Contract Amount" means the amount accepted in the Letter of Acceptance for the execution and completion of the Works and the
184.108.40.206 "Contract Price" means the price defined in Sub-Clause 14.1 [The Contract Price], and includes adjustments in accordance with the Contract.
220.127.116.11 "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.
18.104.22.168 "Final Payment Certificate" means the payment certificate issued under Sub-Clause 14.13 [Issue of Final Payment Certificate].
22.214.171.124 "Final Statement" means the statement defined in Sub-Clause 14.11 [Application for Final Payment Certificate].
126.96.36.199 "Foreign Currency" means a currency in which part (or all) of the Contract Price is payable, but not the Local Currency.
188.8.131.52 "Interim Payment Certificate" means a payment certificate issued under Clause 14 [Contract Price and Payment], other than the Final Payment Certificate.
184.108.40.206“当地币”指工程所在国的货币。220.127.116.11 "Local Currency" means the currency of the Country.
18.104.22.168 "Payment Certificate" means a payment certificate issued under Clause 14 [ Contract Price and Payment ].
22.214.171.124 "Provisional 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 supply of Plant, Materials or services under Sub-Clause 13.5 [Provisional Sums].
126.96.36.199 "Retention Money" means the accumulated retention moneys which the Employer retains under Sub-Clause 14.3 [Application for Interim Payment Certificates] and pays under Sub-Clause 14.9 [Payment of Retention Money].
188.8.131.52 "Statement" means a statement submitted by the Contractor as part of an application, under Clause 14 [Contract Price and Payment], for a payment certificate.
1.1.5 工程和货物1.1.5 Works and Goods
184.108.40.206 "Contractor's Equipment" means all apparatus, machinery, vehicles and the remedying of any defects. However, Contractor Equipment excludes Temporary Works, Employer’s Equipment (if any), Plant, Materials and any other things intended to form or forming part of the pavement works.
220.127.116.11 "Goods" means Contractor's equipment, Materials, Plant and Temporary Works, or any of them as appropriate.
18.104.22.168 "Materials,, 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.
22.214.171.124 "Permanent Works" means the permanent works to be executed by the Contractor under the Contract.
126.96.36.199 "Plant" means the apparatus, machinery and vehicles intended to form or forming part of the Permanent Works.
188.8.131.52 "Section" means apart of the Works specified in the Appendix to Tender as a Section (if any).
1.5.7 "Temporary Works" means all temporary works of every kind (other than Contractor's Equipment) required on Site for the execution and completion of the Permanent Works and the remedying of any defects.
184.108.40.206 "Works" mean the Permanent Works and the Temporary Works, or either of them as appropriate.
1.1.6 其它定义1.1.6 Other Definitions
220.127.116.11 "Country" means the country in which the Site (or most of it) is located, where the Permanent Works are to be executed.
18.104.22.168 "Employer's 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 Specification; but does not include Plant which has not been taken over by the Employer.
22.214.171.124“不可抗力”如第19条【不可抗力】中所定义。126.96.36.199 "Force Majeure" is defined in Clause 19 [Force Majeure]
188.8.131.52 "Laws" means all national (or state) legislation, statutes, ordinances and other laws, and regulations and by-laws of any legally constituted public authority.
184.108.40.206 "Performance Security" means the security (or securities, if any) under Sub-Clause 4.2 [Performance Security].
220.127.116.11 "Site" 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 part of the Site.
18.104.22.168 "Unforeseeable" means not reasonably foreseeable by an experienced contractor by the date for submission of the Tender. 22.214.171.124“变更”指按照第13条【变更和调整】被指示或批准作为变更的对工程的任何变动。
126.96.36.199 "Variation" means any change to the Works, which is instructed or approved as a variation under Clause 13 [Variations and Adjustments].
在合同中，除非文中另有规定，否则：In the Contract, except where the context requires otherwise:
(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 these Conditions.
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 using 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 recipient's communications as stated in the Appendix to Tender. However:（i）如果收件人发出了更改地址的通知，其后的信件应投送到相应的地址；且
(i) if the recipient gives notice of another address, communications shall thereafter 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 certificate 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 Parry or the Engineer, a copy shall be sent to the Engineer or the other Party, as the case may be.
1.4法律和语言1.4 Law and Language
The Contract shall be governed by the law of the country (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 stated 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文件的优先次序1.5 Priority of documents
The documents forming the Contract are to be taken as mutually explanatory of one another. For the purposes of interpretation, the priority of the documents shall be in accordance with the following sequence:
（a） 合同协议书(如有时)，(a) the Contract Agreement (if any),（b）中标函，(b) the Letter of Acceptance,
（c）投标函，(c) the Letter of Tender,（d）专用条件，(d) the Particular Conditions,
（e）本通用条件(e) these General Conditions,（f） 规范(f) the Specification,（g）图纸，和(g) the Drawings, and
（h）资料表以及其它构成合同一部分的文件。(h) the Schedules 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合同协议书1.6 Contract Agreement
The 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 into the Contract Agreement shall be borne by the Employer.
Neither Party shall assign the whole or any part of the Contract or any benefit or interest in or under the Contract. However, either Party:
(a) may assign the whole or any part with the prior agreement of the other Party, at the sole discretion of such other Party,
(b) may, as security in favour of a bank or financial institution, assign its right to any moneys due, or to become due, under the Contract.
1.8文件的保管和提供1.8Care and Supply of documents
The Specification and Drawings shall be in the custody and care of the Employer. Unless otherwise stated in the Contract, two copies of the Contract and of each subsequent Drawing shall be supplied to the Contractor, who may make or request further copies at the cost of the Contractor.
Each of the Contractor's documents shall be in the custody and care of the Contractor, unless and until taken over by the Employer. Unless otherwise stated in the Contract, the Contractor shall supply to the Engineer six copies of each of the Contractor's documents.
The Contractor shall keep, on the Site, a copy of the Contract, publications named in the Specification, the Contractor's documents (if any), the Drawings and Variations and other communications given under the Contract. The Employer's Personnel shall have the right of access to all these documents at all reasonable times.
If a Party becomes aware of an error or defect of a technical nature in a document which was prepared for use in executing the Works, the Party shall promptly give notice to the other Party of such error or defect.
1.9拖延的图纸或指示1.9 Delayed Drawings or Instructions
The Contractor shall give notice to the Engineer whenever the Works are likely to be delayed or disrupted if any necessary drawing or instruction is not issued to the Contractor within a particular time, which shall be reasonable. The notice shall include details of the necessary drawing or instruction, details of why and by when it should be issued, and details of the nature and amount of the delay or disruption likely to be suffered if it is late.
If the Contractor suffers delay and/or incurs Cost as a result of a failure of the Engineer to issue the notified drawing or instruction within a time which is reasonable and is specified in the notice with supporting details, the Contractor shall give a further notice to the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor's Claims] to:
(a)an extension of time for any such delay, if completion is or will be delayed, under Sub-Clause 8.4 [Extension of Time for Completion], and
(b)payment of any such Cost plus reasonable profit, which shall be included in the Contract Price.
After receiving this further notice, the Engineer shall proceed in accordance with Sub¬ Clause 3.5 [Determinations] to agree or determine these matters.
However, if and to the extent that the Engineer's failure was caused by any error or delay by the Contractor, including an error in, or delay in the submission of, any of the Contractor's documents, the Contractor shall not be entitled to such extension of time, Cost or profit.
1.10雇主使用承包商的文件1.10 Employer's Use of Contractor's documents
As between the Parties 'the Contractor shall retain the copyright and other intellectual property rights in the Contractor's documents and other design documents made by (or on behalf of) the Contractor
The Contractor shall be deemed (by signing the Contract) to give to the Employer a non-terminable transferable non-exclusive royalty-free licence to copy, use and communicate the Contractor's documents, including making and using modifications of them. This licence shall:
(a)apply throughout the actual or intended working life (whichever is longer) of the relevant parts of the Works,
(b)entitle any person in proper possession of the relevant part of the Works to copy, use and communicate the Contractor's documents for the purposes of completing, operating, maintaining, altering, adjusting, repairing and demolishing the Works, and
(c)in the case of Contractor's documents which are in the form of computer programs and other software, permit their use on any computer on the Site and other places as envisaged by the Contract, including replacements of any computers supplied by the Contractor.
The Contractor's documents and other design documents made by (or on behalf of) the Contractor shall not, without the Contractor's consent, be used, copied or communicated to a third party by (or on behalf of) the Employer for purposes other than those permitted under this Sub-Clause.
1.11承包商使用雇主的文件1.11 Contractor's Use of Employer's documents
As between the Parties, the Employer shall retain the copyright and other intellectual property rights in the Specification, the Drawings and other documents made by (or on behalf of) the Employer. The Contractor may, at his cost, copy, use, and obtain communication of these documents for the purposes of the Contract. They shall not, without the Employer's consent, be copied, used or communicated to a third party by the Contractor, except as necessary for the purposes of the Contract.
1.12保密事项1.12 Confidential Details
The Contractor shall disclose all such confidential and other information as the Engineer may reasonably require in order to verify the Contractor's compliance with the Contract.
1.13遵守法律1.13 Compliance with Laws
The Contractor shall, in performing the Contract, comply with applicable Laws. Unless otherwise sated in the Particular conditions:
(a)the Employer shall have obtained (or shall obtain) the planning, zoning or similar permission for the Permanent Works, and any other permissions described in the Specification as having been (or being) obtained by the Employer; and the Employer shall indemnify and hold the Contractor harmless against and from the consequences of any failure to do so; and
(b)the Contractor shall give all notices, pay all taxes, duties and fees, and obtain all permits, licences and approvals, as required by the Laws in relation to the execution and completion of the Works and the remedying of any defects; and the Contractor shall indemnify and hold the Employer harmless against and from the consequences of any failure to do so.
1.14共同的与各自的责任1.14 Joint and Several Liability
If the Contractor constitutes (under applicable Laws) a joint venture, consortium or other unincorporated grouping of two or more persons:
(a)these persons shall be deemed to be jointly and severally liable to the Employer for the performance of the Contract;
(b)these persons shall notify the Employer of their leader who shall have authority to bind the Contractor and each of these persons; and
(c)the Contractor shall not alter its composition or legal status without the prior consent of the Employer.
2 雇主2. THE EMPLOYER
2.1进入现场的权利 2.1 Right of Access to the Site
The Employer shall give the Contractor right of access to, and possession of, all parts of the Site within the time (or times) stated in the Appendix to Tender. The right and possession may not be exclusive to the Contractor. If, under the Contract, the Employer is required to give (to the Contractor) possession of any foundation, structure, plant or means of access, the Employer shall do so in the time and manner stated in the Specification. However, the Employer may withhold any such right or possession until the Performance Security has been received.
If no such time is stated in the Appendix to Tender, the Employer shall give the Contractor right of access to, and possession of, the Site within such times as may be required to enable the Contractor to proceed in accordance with the programme submitted under Sub-Clause 8.3 [Programme].
If the Contractor suffers delay and/or incurs Cost as a result of a failure by the Employer to give any such right or possession within such time, the Contractor shall give notice to the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor's Claims] to:
(a) an extension of time for any such, delay, if completion is or will be delayed, under Sub-Clause 8.4 [Extension of Time for Completion], and
(b) payment of any such Cost plus reasonable profit, which shall be included in the Contract Price.
After receiving this notice, the Engineer shall proceed in accordance with Sub¬ Clause 3.5 [Determinations] to agree or determine these matters.
However, if and to the extent that the Employer's failure was caused by any error or delay by the Contractor, including an error in, or delay in the submission of, any of the Contractor's documents, the Contractor shall not be entitled to such extension of time, Cost or profit.
2.2许可、执照和批准2.2 Permits, Licences or Approval
The Employer shall (where he is in a position to do so) provide reasonable assistance to the Contractor at the request of the Contractor:
(a) by obtaining copies of the Laws of the Country which are relevant to the Contract but are not readily available, and
(b) for the Contractor's applications for any permits, licences or approvals required by the Laws of the Country:
(i)which the Contractor is required to obtain under Sub-Clause 1.13 [Compliance with Laws],
(ii) 为了货物的运送，包括清关所需的，以及(ii)for the delivery of Goods, including clearance through customs, and
(iii) 当承包商的设备运离现场而出口时所需的。(iii)for the export of Contractor's Equipment when it is removed from the
2.3雇主的人员2.3 Employer's Personnel
The Employer shall be responsible for ensuring that the Employer's Personnel and the Employer's other contractors on the Site:
(a) co-operate with the Contractor's efforts under Sub-Clause 4.6 [Co-operation], and
(b) take actions similar to those which the Contractor is required to take under sub¬paragraphs (a), (b) and (c) of Sub-Clause 4.8 [Safety Procedures] and under Sub-Clause 4.18 [Protection of the Environment].
2.4雇主的资金安排2.4 Employer's Financial Arrangements
The Employer shall submit. within 28 days after receiving any request from the Contractor, reasonable evidence that financial arrangements have been made and are being maintained which will enable the Employer to pay the Contract Price (as estimated at that time) in accordance with Clause 14 [Contract Price and Payment]. If the Employer intends to make any material change to his financial arrangements, the Employer shall give notice to the Contractor with detailed particulars.
If the Employer considers himself to be entitled to any payment under any Clause of these Conditions or otherwise in connection with the Contract, and/or to any extension of the Defects Notification Period, the Employer or the Engineer shall give notice and particulars to the Contractor. However, notice is not required for payments due under Sub-Clause 4.19 [Electricity, Water and Gas], under Sub-Clause 4.20 [Employer's Equipment and Free-Issue Material], or
The notice shall be given as soon as practicable after the Employer became aware of the event or circumstances giving rise to the claim. A notice relating to any extension of the Defects Notification Period shall be given before the expiry of such
在细节中应详细说明索赔条款或其它依据，包括雇主按照合同认为他自己有权获得的费用和（或）延期的证明，工程师应依据第3.5款【决定】作出商定或决定：(i) 雇主有权获得的由承包商支付的款额(如有时)，以及/或 (ii) 依据第11.3款【缺陷通知期的延长】给予缺陷通知期的延长（如有时）。
The particulars shall specify the Clause or other basis of the claim, and shall include substantiation of the amount and/or extension to which the Employer consider: himself to be entitled in connection with the Contract. The Engineer shall then proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine (i) the amount (if any) which the Employer is entitled to be paid by the Contractor, and/o¬(ii) the extension (if any) of the Defects Notification Period in accordance with Sub Clause 11.3 [Extension of Defects Notification Period].
This amount may be included as a deduction in the Contract Price and Payment Certificates. The Employer shall only be entitled to set off against or make any deduction from an amount certified in a Payment Certificate, or to otherwise claim against the Contractor, in accordance with this Sub-Clause.
3 工程师3. THE ENGINEER
3.1工程师的职责和权力3.1Engineer's Duties and
The Employer shall appoint the Engineer who shall carry out the duties assigned to Authority him in the Contract. The Engineer's staff shall include suitably qualified engineers and other professionals who are competent to carry out these duties.
The Engineer shall have no authority to amend the Contract.
The Engineer may exercise the authority attributable to the Engineer as specified in or necessarily to be implied from the Contract. If the Engineer is required to obtain the approval of the Employer before exercising a specified authority, the requirements shall be as stated in the Particular Conditions. The Employer undertakes not to impose further constraints on the Engineer's authority, except as agreed with the Contractor.
However, whenever the Engineer exercises a specified authority for which the Employer's approval is required, then (for the purposes of the Contract) the Employer shall be deemed to have given approval.
Except as otherwise stated in these Conditions:
whenever carrying out duties or exercising authority, specified in or implied by the Contract, the Engineer shall be deemed to act for the Employer;
the Engineer has no authority to relieve either Party of any duties, obligations or responsibilities under the Contract; and
any approval, check, certificate, consent, examination, inspection, instruction, notice, proposal, request, test, or similar act by the Engineer (including absence of disapproval) shall not relieve the Contractor from any responsibility he has under the Contract, including responsibility for errors, omissions, discrepancies and non-compliances.
3.2工程师的授权3.2Delegation by theEngineer
The Engineer may from time to time assign duties and delegate authority to assistants, and may also revoke such assignment or delegation. These assistants may include a resident engineer, and/or independent inspectors appointed to inspect and/or test items of Plant and/or Materials. The assignment, delegation or revocation shall be in writing and shall not take effect until copies have been received by both Parties. However, unless otherwise agreed by both Parties, the Engineer shall not delegate the authority to determine any matter in accordance with Sub-Clause 3.5 [Determinations].
Assistants shall be suitably qualified persons, who are competent to carry out these duties and exercise this authority, and who are fluent in the language for communications defined in Sub-Clause 1.4 [Law and Language].
Each assistant, to whom duties have been assigned or authority has been delegated, shall only be authorised to issue instructions to the Contractor to the extent defined by the delegation. Any approval, check, certificate, consent, examination, inspection, instruction, notice, proposal, request, test, or similar act by an assistant, in accordance with the delegation, shall have the same effect as though the act had been an act of the Engineer. However:
(a) any failure to disapprove any work, Plant or Materials shall not constitute approval, and shall therefore not prejudice the right of the Engineer to reject the work, Plant or Materials;
(b) if the Contractor questions any determination or instruction of an assistant, the Contractor may refer the matter to the Engineer, who shall promptly confirm, reverse or vary the determination or instruction.
3.3工程师的指示3.3Instructions of the Engineer
The Engineer may issue to the Contractor (at any time) instructions and additional or modified Drawings which may be necessary for the execution of the Works and the remedying of any defects, all in accordance with the Contract. The Contractor shall only take instructions from the Engineer, or from an assistant to whom the appropriate authority has been delegated under this Clause. If an instruction constitutes a Variation, Clause 13 (Variations and Adjustments) shall apply.
The Contractor shall comply with the instructions given by the Engineer or delegated assistant, on any matter related to the Contract. Whenever practicable, their instructions shall be given in writing. If the Engineer or a delegated assistant:
(a) 发出一口头指示；(a) gives an oral instruction,
(b) receives a written confirmation of the instruction, from (or on behalf of) the Contractor, within two working days after giving the instruction, and
(c) does not reply by issuing a written rejection and/or instruction within two working days after receiving the confirmation,
then the confirmation shall constitute the written instruction of the Engineer or delegated assistant (as the case may be).
3.4工程师的撤换3.4Replacement of the Engineer
If the Employer intends to replace the Engineer, the Employer shall, not less than 42 days before the intended date of replacement, give notice to the Contractor of the name, address and relevant experience of the intended replacement Engineer. The Employer shall not replace the Engineer with a person against whom the Contractor raises reasonable objection by notice to the Employer, with supporting particulars.
Whenever these Conditions provide that the Engineer shall proceed in accordance with this Sub-Clause 3.5 to agree or determine any matter, the Engineer shall consult with each Party in an endeavour to reach agreement. If agreement is not achieved, the Engineer shall make a fair determination in accordance with the Contract, taking due regard of all relevant circumstances.
The Engineer shall give notice to both Parties of each agreement or determination, with supporting particulars. Each Party shall give effect to each agreement or determination unless and until revised under Clause 20 [Claims, Disputes and Arbitration].
4 承包商4. The Contractor
The Contractor shall design (to the extent specified in the Contract), execute and complete the Works in accordance with the Contract and with the Engineer's instructions, and shall remedy any defects in the Works.
The Contractor shall provide the Plant and Contractor's documents specified in the Contract, and all Contractor's Personnel, Goods, consumables and other things and services, whether of a temporary or permanent nature, required in and for this design, execution, completion and remedying of defects.
The Contractor shall be responsible for the adequacy, stability and safety of all Site operations and of all methods of construction. Except to the extent specified in the Contract, the Contractor (i) shall be responsible for all Contractor's documents, Temporary Works, and such design of each item of Plant and Materials as is required for the item to be in accordance with the Contract, and (ii) shall not otherwise be responsible for the design or specification of the Permanent Works.
The Contractor shall, whenever required by the Engineer, submit details of the arrangements and methods which the Contractor proposes to adopt for the execution of the Works. No significant alteration to these arrangements and methods shall be made without this having previously been notified to the Engineer.
If the Contract specifies that the Contractor shall design any part of the Permanent Works, then unless otherwise stated in the Particular Conditions:
(a) the Contractor shall submit to the Engineer the Contractor's documents for this part in accordance with the procedures specified in the Contract;
(b) these Contractor's documents shall be in accordance with the Specification and Drawings, shall be written in the language for communications defined in Sub-Clause 1.4 [Law and Language], and shall include additional information required by the Engineer to add to the, Drawings for co-ordination of each Party's designs;
(c) the Contractor shall be responsible for this part and it shall, when the Works are completed, be fit for such purposes for which the part is intended as are specified in the Contract; and
(d) prior to the commencement of the Tests on Completion, the Contractor shall submit to the Engineer the "as-built" documents and operation and maintenance manuals in accordance with the Specification and in sufficient detail for the Employer to operate, maintain, dismantle, reassemble, adjust and repair this part of the Works. Such part shall not be considered to be completed for the purposes of taking-over under Sub-Clause 10.1 [Taking Over of the Works and Sections] until these documents and manuals have been submitted to the Engineer.
The Contractor shall obtain (at his cost) a Performance Security for proper performance, in the amount and currencies stated in the Appendix to Tender. If an amount is not stated in the Appendix to Tender, this Sub-Clause shall not apply.
The Contractor shall deliver the Performance Security to the. Employer within 28 days after receiving the Letter of Acceptance, and shall send a copy to the Engineer. The Performance Security shall be issued by an entity and from within a country (or other jurisdiction) approved by the Employer, and shall be in the form annexed to the Particular Conditions or in another form approved by the Employer.
The Contractor shall ensure that the Performance Security is valid and enforceable until the Contractor has executed and completed the Works and remedied any defects. If the terms of the Performance Security specify its expiry date, and the Contractor has not become entitled to receive the Performance Certificate by the date 28 days prior to the expiry date, the Contractor shall extend the validity of the Performance Security until the Works have been completed and any defects have been remedied.
The Employer shall not make a claim under the Performance Security, except for amounts to which the Employer is entitled under the Contract in the event of:
(a) failure by the Contractor to extend the validity of the Performance Security as described in the preceding paragraph, in which event the Employer may claim the full amount of the Performance Security,
(b) failure by the Contractor to pay the Employer an amount due, as either agreed by the Contractor or determined under Sub-Clause 2.5 [Employer's Claims] or Clause 20 [Claims, Disputes and Arbitration], within 42 days after this agreement or determination,
(c) failure by the Contractor to remedy a default within 42 days after receiving the Employer's notice requiring the default to be remedied, or
(d) circumstances which entitle the Employer to termination under Sub¬Clause 15.2 [Termination by Employer], irrespective of whether notice of termination has been given.
The Employer shall indemnify and hold the Contractor harmless against and from all damages, losses and expenses (including legal fees and expenses) resulting from a claim under the Performance Security to the extent to which the Employer was not entitled to make the claim.
The Employer shall return the Performance Security to the Contractor within 21 days after receiving a copy of the Performance Certificate.
The Contractor shall appoint the Contractor's Representative and shall give him all authority necessary to act on the Contractor's behalf under the Contract.
Unless the Contractor's Representative is named in the Contract, the Contractor shall, prior to the Commencement Date, submit to the Engineer for consent the name and particulars of the person the Contractor proposes to appoint as Contractor's Repres¬entative. If consent is withheld or subsequently revoked, or if the appointed person fails to act as Contractor's Representative, the Contractor shall similarly submit the name and particulars of another suitable person for such appointment.
The Contractor shall not, without the prior consent of the Engineer, revoke the appointment of the Contractor's Representative or appoint a replacement.
The whole time of the Contractor's Representative shall be given to directing the Contractor's performance of the Contract. If the Contractor's Representative is to be temporarily absent from the Site during the execution of the Works, a suitable replacement person shall be appointed, subject to the Engineer's prior consent, and the Engineer shall be notified accordingly.
The Contractor's Representative shall, on, behalf of the Contractor, receive instructions under Sub-Clause 3.3 [Instructions of the Engineer].
The Contractor's Representative may delegate any powers, functions and authority to any competent person, and may''at any time revoke the delegation. Any delegation or revocation shall not take effect until the Engineer has received prior notice signed by the Contractor's Representative, naming the person and specifying the powers, functions and authority being delegated or revoked.
The Contractor's Representative and all these persons shall be fluent in the language for communications defined in Sub-Clause 1.4 [Law and Language].
承包商不得将整个工程分包出去。The contractor shall not subcontract the whole of the works.
The Contractor shall be responsible for the acts or defaults of any Subcontractor, his agents or employees, as if they were the acts or defaults of the Contractor. Unless otherwise stated in the Particular Conditions:
(a) the Contractor shall not be required to obtain consent to suppliers of Materials, or to a subcontract for which the Subcontractor is named in the Contract;
(b) the prior consent of the Engineer shall be obtained to other proposed Subcontractors;
(c) the Contractor shall give the Engineer not less than 28 days' notice of the intended date of the commencement of each Subcontractor's work, and of the commencement of such work on the Site; and
(d) each subcontract shall include provisions which would entitle the Employer to require the subcontract to be assigned to the Employer under Sub-Clause 4.5 [Assignment of Benefit of Subcontract] (if or when applicable) or in the event of termination under Sub-Clause 15.2 [Termination by Employer].
4.5分包合同利益的转让4.5Assignment of Benefit of Subcontract
If a Subcontractor's obligations extend beyond the expiry date of the relevant Defects Notification Period and the Engineer, prior to this date, instructs the Contractor to assign the benefit of such obligations to the Employer, then the Contractor shall do so. Unless otherwise stated in the assignment, the Contractor shall have no liability to the Employer for the work carried out by the Subcontractor after the assignment takes effect.
The Contractor shall, as specified in the Contract or as instructed by the Engineer, allow appropriate opportunities for carrying out work to:
(a)雇主的人员；(a) the Employer's Personnel,(b)雇主雇用的任何其他承包商；以及(b) any other contractors employed by the Employer, and(c)任何合法公共机构的人员，(c) the personnel of any legally constituted public authorities,
who may be employed in the execution on or near the Site of any work not included in the Contract.
Any such instruction shall constitute a Variation if and to the extent that it causes the Contractor to incur Unforeseeable Cost. Services for these personnel and other contractors may include the use of Contractor's Equipment, Temporary Works or access arrangements which are the responsibility of the Contractor.
If, under the Contract, the Employer is required to give to the Contractor possession of any foundation, structure, plant or means of access in accordance with Contractor's documents, the Contractor shall submit such documents to the Engineer in the time and manner stated in the Specification.
The Contractor shall set out the Works in relation to original points, lines and levels of reference specified in the Contract or notified by the Engineer. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works.
The Employer shall be responsible for any errors in these specified or notified items of reference, but the Contractor shall use reasonable efforts to verify their accuracy before they are used.
If the Contractor suffers delay and/or incurs Cost from executing work which was necessitated by an error in these items of reference, and an experienced contractor could not reasonably have discovered such error and avoided this delay and/or Cost, the Contractor shall give notice to the Engineer and shall be entitled subject to Sub¬Clause 20.1 [Contractor's Claims] to:
(a) an extension of time for any such delay, if completion is or will be delayed, under Sub-Clause 8.4 [Extension of Time for Completion], and
(b) payment of any such Cost plus reasonable profit, which shall be included in the Contract Price.
After receiving this notice, the Engineer shall proceed in accordance with Sub¬Clause 3.5 [Determinations] to agree or determine (i) 是否以及（如果是的话）在多大程度上该差错不能合理被发现；以及
(i) whether and (if so) to what extent the error could not reasonably have been discovered, and (ii) 上面(a)、(b)段中描述的与该程度相关事项(ii) the matters described in sub-paragraphs (a) and (b) above related to this extent.
承包商应该：The Contractor shall:
(a) 遵守所有适用的安全规章；(a) comply with all applicable safety regulations,(b) 注意有权进入现场的所有人员的安全；
(b) take care for the safety of all persons entitled to be on the Site,(c) 付出合理的努力清理现场和工程不必要的障碍，以避免对这些人员造成伤害；(c) use reasonable efforts to keep the Site and Works clear of unnecessary obstruction so as to avoid danger to these persons,(d) 提供工程的围栏、照明、防护及看守，直至竣工和按照第10款【雇主的接收】进行移交，以及
(d) provide fencing, lighting, guarding and watching of the Works until completion and taking over under Clause 10 [Employer's Taking Over], and(e) 提供因工程实施，为邻近地区的所有者和占有者以及公众提供便利和保护所必需的任何临时工程（包括道路、人行道、防护及围栏）。(e) provide any Temporary Works (including roadways, footways, guards and fences) which may be necessary, because of the execution of the Works, for the use and protection of the public and of owners and occupiers of adjacent
The Contractor shall institute a quality assurance system to demonstrate compliance with the requirements of the Contract. The system shall be in accordance with the details stated in the Contract. The Engineer shall be entitled to audit any aspect of the system.
Details of all procedures and compliance documents shall be submitted to the Engineer for information before each design and execution stage is commenced. When any document of a technical nature is issued to the Engineer, evidence of the prior approval by the Contractor himself shall be apparent on the document itself.
Compliance with the quality assurance system shall not relieve the Contractor of any of his duties, obligations or responsibilities under the Contract.
4.10现场数据4.10 Site Data
The Employer shall have made available to the Contractor for his information, prior to the Base Date, all relevant data in the Employer's possession on sub-surface and hydrological conditions at the Site, including environmental shall similarly make available to the Contractor all such data which come into the Employer's possession after the Base Date. The Contractor shall be responsible for interpreting all such data.
To the extent which was practicable (taking account of cost and time), the Contractor shall be deemed to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the Tender or Works. To the same extent, the Contractor shall be deemed to have inspected and examined the Site, its surroundings, the above data and other available information, and to have been satisfied before submitting the Tender as to all relevant matters, including (without limitation):
(a)现场的形状和性质，包括地表以下的条件；(a) the form and nature of the Site, including sub-surface conditions,(b)水文及气候条件；(b) the hydrological and climatic conditions,(c)为实施和完成工程以及修补任何缺陷所需工作和货物的范围和性质；
(c) the extent and nature of the work and Goods necessary for the execution and completion of the Works and the remedying of any defects,(d)工程所在国的法律、程序和雇佣劳务的习惯作法；以及(d) the Laws, procedures and labour practices of the Country, and(e)承包商要求的通行道路、食宿、设施、人员、电力、交通、水及其他服务。
4.11接受的合同款额的完备性 4.11Sufficiency of the Accepted Contract
承包商应被认为：The Contractor shall be deemed to:
(a) 已完全理解了接受的合同款额的合宜性和充分性，以及(a) have satisfied himself as to the correctness and sufficiency of the Accepted Contract Amount, and(b) 该接受的合同款额是基于第4.10款【现场数据】提供的数据、解释、必要资料、检查、审核及其他相关资料。(b) have based the Accepted Contract Amount on the data, interpretations, necessary information, inspections, examinations and satisfaction as to all relevant matters referred to in Sub-Clause 4.10 [Site Data].
Unless otherwise stated in the Contract, the Accepted Contract Amount covers all the Contractor's obligations under the Contract (including those under Provisional Sums, if any) and all things necessary for the proper execution and completion of the Works and the remedying of any defects.
4.12不可预见的外界条件 4.12Unforeseeable Physical Conditions
In this Sub-Clause, "physical conditions" means natural physical conditions and man¬ made and other physical obstructions and pollutants, which the Contractor encounters at the Site when executing the Works, including sub-surface and hydro¬logical conditions but excluding climatic conditions.
If the Contractor encounters adverse physical conditions which he considers to have been Unforeseeable, the Contractor shall give notice to the Engineer as soon as practicable.
This notice shall describe the physical conditions, so that they can be inspected by the Engineer, and shall set out the reasons why the Contractor considers them to be Unforeseeable. The Contractor shall continue executing the Works, using such proper and reasonable measures as are appropriate for the physical conditions, and shall comply with any instructions which the Engineer may give. If an instruction constitutes a Variation, Clause 13 [Variations and Adjustments] shall apply.
If and to the extent that the Contractor encounters physical conditions which are Unfore¬seeable. gives such a notice, and suffers delay and/or incurs Cost due to these conditions, the Contractor shall be entitled subject to Sub-Clause 20.1 [Contractor's Claims] to:
(a) 根据第8.4款【竣工时间的延长】的规定，获得任何延长的工期，如果竣工已经或将被延误；以及(a) an extension of time for any such delay, if completion is or will be delayed, under Sub-Clause 8.4 [Extension of Time for Completion], and
(b) 支付任何有关费用，并将之加入合同价格。(b)payment of any such Cost, which shall be included in the Contract Price.
After receiving such notice and inspecting and/or investigating these physical conditions, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine
(i) 是否以及（如果是的话）在多大程度上该外界条件不可预见；以及(i) whether and (if so) to what extent these physical conditions were Unforeseeable, and(ii) 上面(a)、(b)段中描述的与该程度相关的事项。(ii) the matters described in sub¬paragraphs (a) and (b) above related to this extent.
However, before additional Cost is finally agreed or determined under sub¬paragraph (ii), the Engineer may also review whether other physical conditions in similar parts of the Works (if any) were more favourable than could reasonably have been foreseen when the Contractor submitted the Tender. If and to the extent that these more favourable conditions were encountered, the Engineer may proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine the reductions in Cost which were due to these conditions, which may be included (as deductions) in the Contract Price and Payment Certificates. However, the net effect of all adjustments under sub-paragraph (b) and all these reductions, for all the physical conditions encountered in similar parts of the Works, shall not result in a net reduction in the Contract Price.
The Engineer may take account of any evidence of the physical conditions foreseen by the Contractor when submitting the Tender, which may be made available by the Contractor, but shall not be bound by any such evidence.
4.13道路通行权和设施 4.13Rights of Way and
The Contractor shall bear all costs and charges for special and/or temporary rights¬ Facilities of-way which he may require, including those for access to the Site. The Contractor shall also obtain, at his risk and cost, any additional facilities outside the Site which he may require for the purposes of the Works.
4.14避免干扰4.14Avoidance of Interference
承包商不应不必要地或不适当地干扰：The Contractor shall not interfere unnecessarily or improperly with:
(a) 公众的方便；或(a) the convenience of the public, or(b) 进入和使用以及占用所有道路和人行道，不论这些道路和人行道是公共的或是在雇主或其他人的占用之下。(b) the access to and use and occupation of all roads and footpaths, irres¬pective of whether they are public or in the possession of the Employer or of others.
The Contractor shall indemnify and hold the Employer harmless against and from all damages, losses and expenses (including legal fees and expenses) resulting from any such unnecessary or improper interference.
The Contractor shall be deemed to have been satisfied as to the suitability and availability of access routes to the Site. The Contractor shall use reasonable efforts to prevent any road or bridge from being damaged by the Contractor's traffic or by the Contractor's Personnel. These efforts shall include the proper use of appropriate vehicles and routes.
除合同中另有说明者外：Except as otherwise stated in these Conditions:
(a) 承包商应该（就双方而言）负责他使用的进场路线的任何必要的维护；(a) the Contractor shall (as between the Parties) be responsible for any maintenance which may be required for his use of access routes;(b) 承包商应提供所有沿进场路线必需的标志或方向指示，并应为使用此类进场路线、标志和方向指示，取得有关部门的批准；(b) the Contractor shall provide all necessary signs or directions along access _. routes, and shall obtain any. permission which may be required from the relevant authorities for his use of routes, signs and directions;(c) 雇主不对由于任何进场路线的采用或其他原因引起的索赔负责；(c) the Employer shall not be responsible for any claims which may arise from the use or otherwise of any access route,(d) 雇主不保证任何特定的进场路线的适宜性和可用性；以及(d) the Employer does not guarantee the suitability or availability of particular access routes, and(e) 因承包商所需的使用的进场路线的不适宜性或不可用性而导致的费用，由承包商承担。(e) Costs due to non-suitability or non-availability, for the use required by the Contractor, of access routes shall be bome by the Contractor.
4.16货物的运输4.16Transport of Goods
除非专用条件中另有说明，否则：Unless otherwise stated in the Particular Conditions:
(a) 承包商应在任何永久设备或其他主要货物运送现场日期前不少于21天，通知工程师；(a) the Contractor shall give the Engineer not less than 21 days' notice of the date on which any Plant or a major item of other Goods will be delivered to the Site; (b) 承包商应对工程所需的所有货物和其他物品的包装、装载、运输、接收、卸货、保存和保护负责；以及(b) the Contractor shall be responsible for packing, loading, transporting, receiving, unloading, storing and protecting all Goods, and other things required for the Works; and(c) 承包商应保障并使雇主免于因为货物运输的损坏而遭受损害、损失和开支（包括法律费用和开支），并应协商及支付由于运输所导致的索赔。(c) the Contractor shall indemnity and hold the Employer harmless against and from all damages, losses and expenses (including legal fees and expenses) resulting from the transport of Goods, and shall negotiate and pay all claims arising from their transport.
The Contractor shall be responsible for all Contractor's Equipment. When brought on to the Site, Contractor's Equipment shall be deemed to be exclusively intended for the execution of the Works. The Contractor shall not remove from the Site any major items of Contractor's Equipment without the consent of the Engineer. However, consent shall not be required for vehicles transporting Goods or Contractor's Personnel off Site.
4.18环境保护 4.18Protection of the environment
The Contractor shall take all reasonable steps to protect the environment (both on off the Site) and to limit damage and nuisance to people and property resulting from pollution, noise and other results of his operations.
The Contractor shall ensure that emissions, surface discharges and effluent from the Contractor's activities shall not exceed the values indicated in the Specification, and shall not exceed the values prescribed by applicable Laws.
4.19电、水、气 4.19Electricity, Water and Gas
The Contractor shall, except as stated below, be responsible for the provision of all power, water and other services he may require.
The Contractor shall be entitled to use for the purposes of the Works such supplies of electricity, water, gas and other services as may be available on the Site and of which details and prices are given in the Specification. The Contractor shall, at his risk and cost, provide any apparatus necessary for his use of these services and for measuring the quantities consumed.
The quantities consumed and the amounts due (at these prices) for such services shall be agreed or determined by the Engineer in accordance with Sub-Clause 2.5 [Employer's Claims] and Sub-Clause 3.5 [Determinations]. The Contractor shall pay these amounts to the Employer.
4.20雇主的设备和免费提供的材料4.2Employer's Equipment and Free-Issue Material
The Employer shall make the Employer's Equipment (if any) available for the use of the and Free-Issue Material Contractor in the execution of the Works in accordance with the details, arrangements and prices stated in the Specification. Unless otherwise stated in the Specification:
(a) 雇主应对雇主的设备负责，但是，(a) the Employer shall be responsible for the Employer's Equipment, except that
(b) 当承包商的任何人员在操作、驾驶、指导、占有或控制雇主的设备时，承包商应对每项雇主的设备负责。(b) the Contractor shall be responsible for each item of Employer's Equipment whilst any of the Contractor's Personnel is operating it, driving it, directing it or in possession or control of it.
The appropriate quantities and the amounts due (at such stated prices) for the use of Employer's Equipment shall be agreed or determined by the Engineer in accordance with Sub-Clause 2.5 [Employer's Claims] and Sub-Clause 3.5 [Determinations]. The Contractor shall pay these amounts to the Employer.
The Employer shall supply, free of charge, the "free-issue materials" (if any) in accordance with the details stated in the Specification. The Employer shall, at his risk and cost, provide these materials at the time and place specified in the Contract. The Contractor shall then visually inspect them, and shall promptly give notice to the Engineer of any shortage, defect or default in these materials. Unless otherwise agreed by both Parties, the Employer shall immediately rectify the notified shortage, defect or default.
After this visual inspection, the free-issue materials shall come under the care, custody and control of the Contractor. The Contractor's obligations of inspection, care, custody and control shall not relieve the Employer of liability for any shortage, defect or default not apparent from a visual inspection.
4.21进度报告4.21 Progress Reports
Unless otherwise stated in the Particular Conditions, monthly progress reports shall be prepared by the Contractor and submitted to the Engineer in six copies. The first report shall cover the period up to the end of the first calendar month following the Commencement Date. Reports shall be submitted monthly thereafter, each within 7 days after the last day of the period to which it relates.
Reporting shall continue until the Contractor has completed all work which is known to be outstanding at the completion date stated in the Taking-Over Certificate for the Works.
每份报告应包括：Each report shall include:
(a) 设计（如有时）、承包商的文件、采购、制造、货物运达现场、施工、安装和调试的每一阶段以及指定分包商（在第5款【指定分包商】中定义的）实施工程的这些阶段进展情况的图表与详细说明；(a) charts and detailed descriptions of progress, including each stage-of design (if any), Contractor's documents, procurement, manufacture, delivery to Site, construction, erection and testing; and including these stages for work by each nominated Subcontractor (as defined in Clause 5 [Nominated Subcontractors]),(b) 表明制造和现场进展状况的照片；(b) photographs showing the status of manufacture and of progress on the Site; (c) 与每项主要永久设备和材料制造有关的制造商名称、制造地点、进度百分比，以及以下各项的实际或预期日期：(c) for the manufacture of each main item of Plant and Materials, the name of the manufacturer, manufacture location, percentage progress, and the actual or expected dates of:(i) 开始制造；(i) commencement of manufacture,(ii) 承包商的检查；(ii) Contractor's inspections, and(iii) 检验；以及(iii) Test, and(iv) 运输和到达现场(iv) shipment and arrival at the Site;
(d) 在第6.10款【承包商的人员和设备的记录】中描述的详细情况；(d) the details described in Sub-Clause 6.10 [Records of Contractor's Personnel and Equipment];(e) 若干份质量保证文件、材料的检验结果及证书；(e)copies of quality assurance documents, test results and certificates of Materials;(f) 依据第2.5款【雇主的索赔】和第20.1款【承包商的索赔】颁发的通知清单；(f)List of notices given under Sub-Clause 2.5 [Employer's Claims] and notices given under Sub-Clause 20.1 [Contractor's Claims];(g) 安全统计，包括涉及环境和公共关系方面的任何危险事件与活动的详情；以及(g) safety statistics, including details of any hazardous incidents and activities relating to environmental aspects and public relations; and
(h) comparisons of actual and planned progress, with details of any events o circumstances which may jeopardizethe completion in accordance with the Contract, and the measures being (or to be) adopted to overcome delays.
4.22现场保安 4.22 Security of the Site
除非专用条件中另有规定：Unless otherwise stated in the Particular Conditions:
(a) 承包商应负责阻止未获授权的人员进入现场；以及(a)the Contractor shall be responsible for keeping unauthorised persons off the Site, and(b) 授权人员仅限于承包商的人员和雇主的人员，以及雇主的其他承包商在现场的授权人员并由雇主或工程师通知了承包商的任何其他人员。(b) authorised persons shall be limited to the Contractor's Personnel and the Employer's Personnel; and to any other personnel notified to the Contractor, by the Employer or the Engineer, as authorised personnel of the Employer's other contractors on the Site.
4.23承包商的现场工作4.23 Contractor's Operations on Site
The Contractor shall confine his operations to the Site, and to any additional areas which may be obtained by the Contractor and agreed by the Engineer as working areas. The Contractor shall take all necessary precautions to keep Contractor’s Equipment and Contractor’s Personnel within the Site and these additional areas, and to keep them off adjacent land.
During the execution of the Works, the Contractor shall keep the Site free from all unnecessary obstruction, and shall store or dispose of any Contractor's Equipment or surplus materials. The Contractor shall clear away and remove from the Site any wreckage, rubbish and Temporary Works which are no longer required.
Upon the issue of a Taking-Over Certificate, the Contractor shall clear away and remove, from that part of the Site and Works to which the Taking-Over Certificate refers, all Contractor's Equipment, surplus material, wreckage, rubbish and Temporary Works. The Contractor shall leave that part of the Site and the Works in a clean and safe condition. However, the Contractor may retain on Site, during the Defects Notifi¬cation Period, such Goods as are required for the Contractor to fulfil obligations under the Contract.
All fossils, coins, articles of value or antiquity, and structures and other remains or items of geological or archaeological interest found on the Site shall be placed under the care and authority of the Employer. The Contractor shall take reasonable precautions to prevent Contractor's Personnel or other persons from removing or damaging any of these findings.
The Contractor shall, upon discovery of any such finding, promptly give notice to the Engineer, who shall issue instructions for dealing with it. If the Contractor suffers delay and/or incurs Cost from complying with the instructions, the Contractor shall give a further notice to the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor's Claims] to:
(a) 根据第8.4款【竣工时间的延长】的规定，获得任何延长的工期，如果竣工已经或将被延误；以及(a) an extension of time for any such delay, if completion is or will be delayed, under Sub-Clause 8.4 [Extension of Time for Completion], and(b) 支付任何有关费用，并将之加入合同价格。(b) payment of any such Cost, which shall be included in the Contract Price.
After receiving this further notice, the Engineer shall proceed in accordance with Sub¬-Clause 3.5 [Determinations]. to agree or determine these matters.