FIDIC合同通用条件 （第5-11条中英文） FIDIC General Conditions 5 指定分包商5.Nominated Subcontractors5.1指定分包商的定义 5.1 Definition of nominated Subcontractor 在合同中，指定分包商是指一个分包商：In the Contract, nominated Subcontractor mFIDIC合同通用条件 （第5-11条中英文）
FIDIC General Conditions
5 指定分包商5.Nominated Subcontractors5.1指定分包商的定义 5.1 Definition of "nominated Subcontractor
在合同中，“指定分包商”是指一个分包商：In the Contract, "nominated Subcontractor" means a Subcontractor:
(a)合同中指明作为指定分包商的，或(a)who is stated in the Contract as being a nominated Subcontractor, or
(b) whom the Engineer, under Clause 13 [Variations and Adjustments], instructs the Contractor to employ
5.2对指定的反对5.2 Objection to Nomination
The Contractor shall not be under any obligation to employ a nominated Subcontractor against whom the Contractor raises reasonable objection by notice to the Engineer as soon as practicable, with supporting particulars. An objection shall be deemed reasonable if it arises from (among other things) any of the following matters, unless the Employer agrees to indemnify the Contractor against and from
(a) 有理由相信分包商没有足够的能力、资源或资金实力；(a) there are reasons to believe that the Subcontractor does not have sufficient competence, resources or financial strength;(b) 分包合同未规定指定分包商应保障承包商免于承担由分包商、其代理人、雇员的任何疏忽或对货物的错误操作的责任；或(b) the subcontract does not specify that the nominated Subcontractor shall indemnify the Contractor against and from any negligence or misuse of Goods by the nominated Subcontractor, his agents and employees; or(c) 分包合同未规定指定分包商对所分包工程（包括设计，如有时），应该：(c)the subcontract does not specify that, for the subcontracted work (including design, if any), the nominated Subcontractor shall:
(i) 向承包商承担该项义务和责任以使承包商可以依照合同免除他的义务和责任，以及(i) undertake to the Contractor such obligations and liabilities as will enable the Contractor to discharge his obligations and liabilities under the Contract, and
(ii) indemnify the Contractor against and from all obligations and liabilities arising under or in connection with the Contract and from the consequences of any failure by the Subcontractor to perform these obligations or to fulfill these liabilities.
5.3对指定分包商的支付 5.3 Payments to nominated Subcontractor
The Contractor shall pay to the nominated Subcontractor the amounts which the Engineer certifies to be due in accordance with the subcontract. These amounts plus other charges shall be included in the Contract Price in accordance with sub¬paragraph (b) of Sub-Clause 13.5 [Provisional Sums], except as stated in Sub-¬Clause 5.4 [Evidence of Payments].
5.4支付的证据5.4 Evidence of Payments
Before issuing a Payment Certificate which includes an amount payable to a nominated Subcontractor, the Engineer may request the Contractor to supply reasonable evidence that the nominated Subcontractor has received all amounts due in accordance with previous Payment Certificates, less applicable deductions for retention or otherwise. Unless the Contractor:(a) 向工程师提交了合理的证据，或(a) submits this reasonable evidence to the Engineer, or(b) (i) 以书面材料使工程师同意他有权扣留或拒绝支付该项款额，以及(b) (i) satisfies the Engineer in writing that the Contractor is reasonably entitled to withhold or refuse to pay these amounts, and
(ii) 向工程师提交了合理的证据表明他已将此权力通知了指定分包商，(ii)submits to the Engineer reasonable evidence that the nominated Subcontractor has been notified of the Contractor's entitlement,
then the Employer may (at his sole discretion) pay, direct to the nominated Subcontractor, part or all of such amounts previously certified (less applicable deductions) as are due to the nominated Subcontractor and for which the Contractor has failed to submit the evidence described in sub-paragraphs (a) or (b) above. The Contractor shall then repay, to the Employer, the amount which the nominated Sub¬contractor was directly paid by the Employer.
6 职员和劳工6. Staff and Labour6.1职员和劳工的雇用6.1 Engagement of Staff and Labour
Except as otherwise stated in the Specification, the Contractor shall make arrangements for the engagement of all staff and labour, local or otherwise, and for their payment, housing, feeding and transport.
6.2工资标准和劳动条件 6.2 Rates of Wages and Conditions of Labour
The Contractor shall pay rates of wages, and observe conditions of labour, which are not lower than those established for the trade or industry where the work is carried out. If no established rates or conditions are applicable, the Contractor shall pay rates of wages and observe conditions which are not lower than the general level of wages and conditions observed locally by employers whose trade or industry is similar to that of the Contractor.
6.3为他人提供服务的人员6.3 Persons in the Service of Employer
The Contractor shall not recruit, or attempt to recruit, staff and labour from amongst the Employer's Personnel.
6.4劳动法 6.4 Labour Laws
The Contractor shall comply with all the relevant labour Laws applicable to the Contractor's Personnel, including Laws relating to their employment, health, safety, welfare, immigration and emigration, and shall allow them all their legal rights.
The Contractor shall require his employees to obey all applicable Laws, including those concerning safety at work.
6.5工作时间 6.5 Working hours
No work shall be carried out on the Site on locally recognized days of rest, or outside the normal working hours stated in the Appendix to Tender, unless:
(a) 合同另有规定，(a) otherwise stated in the Contract,(b) 工程师同意，或(b) the Engineer gives consent, or
(c)the work is unavoidable, or necessary for the protection of life or property or for the safety of the Works, in which case the Contractor shall immediately
6.6为职员和劳工提供的设施 6.6 Facilities for Staff and Labour
Except as otherwise stated in the Specification, the Contractor shall provide and maintain all necessary accommodation and welfare facilities for the Contractor's Personnel. The Contractor shall also provide facilities for the Employer's Personnel as stated in the Specification.
The Contractor shall 1 dot permit any of the Contractor's Personnel to maintain any temporary or permanent living quarters within the structures forming part of the Permanent Works.
6.7健康和安全 6.7 Health and Safety
The Contractor shall at all times take all reasonable precautions to maintain the health and safety of the Contractor's Personnel. In collaboration with local health authorities,the Contractor shall ensure that medical staff, first aid facilities, sick bay and ambulance service are available at all times at the Site and at any accommodation for Contractor's and Employer's Personnel, and that suitable arrangements are made for all necessary welfare and hygiene requirements and for the prevention of epidemics.
The Contractor shall appoint an accident prevention officer at the Site, responsible for maintaining safety and protection against accidents. This person shall be qualified for this responsibility, and shall have the authority to issue instructions and take protective measures to prevent accidents. Throughout the execution of the Works, the Contractor shall provide whatever is required by this person to exercise this respon¬sibility and authority.
The Contractor shall send, to the Engineer, details of any accident as soon as practicable after its occurrence. The Contractor shall maintain records and make reports concerning health, safety and welfare of persons, and damage to property, as the Engineer may reasonably require.
Throughout the execution of the Works, and as long thereafter as is necessary to fulfill the Contractor’s Obligations, the Contractor shall provide all necessary superintendence to plan. arrange, direct, manage, inspect and test the work.
Superintendence shall be given by a sufficient number of persons having adequate knowledge of the language for communications (defined in Sub-Clause 1.4 [Law and Language]) and of the operations to be carried out (including the methods and techniques required, the hazards likely to be encountered and methods of preventing accidents), for the satisfactory and safe execution of the Works.
6.9承包商的人员 6.9 Contractor's in Personnel
The Contractor's Personnel shall be appropriately qualified, skilled and experienced in their respective trades or occupations. The Engineer may require the Contractor to remove (or cause to be removed) any person employed on the Site or Works, including the Contractor's Representative if applicable, who:
(a)经常行为不轨或不认真；(a) persists in any misconduct or lack of care,(b)履行职责时不能胜任或玩忽职守；(b) carries out duties incompetently or negligently,(c)不遵守合同的规定；或(c)fails to conform with any provisions of the Contract, or(d)经常出现有损健康与安全或有损环境保护的行为。(e)如果适当的话，承包商应随后指定（或使他人指定）合适的替代人员。
6.10承包商的人员和设备的记录6.10 Records of Contractor's Personnel and Equipment
The Contractor shall submit, to the Engineer, details showing the number of each class of Contractor's Personnel and of each type of Contractor's Equipment on the Site. Details shall be submitted each calendar month, in a form approved by the Engineer, 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.
6.11妨碍治安的行为6.11 Disorderly Conduct
The Contractor shall at all times take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by or amongst the Contractor's Personnel, and to preserve peace and protection of persons and property on and near the Site.
7 永久设备、材料和工艺7. Plant Materials and Workmanship7.1实施方式7.1 Manner of Execution
The Contractor shall cant' out the manufacture of Plant, the production and manufacture of Materials, and all other execution of the Works:
(a) 以合同中规定的方法（如有时），(a) in the manner (if any) specified in the Contract,(b) 按照公认的良好惯例，以恰当、熟练和谨慎的方式，(b) in a proper workmanlike and careful manner, in accordance with recognised good practice, and(c) 使用适当装备的设施以及安全材料，除非合同中另有规定。(c) with properly equipped facilities and non-hazardous Materials, except as otherwise specified in the Contract.
The Contractor shall submit the following samples of Materials, and relevant information, to the Engineer for consent prior to using the Materials in or for the works:
(a) 制造商的材料标准样本和合同中规定的样本均由承包商自费提供，以及(a) manufacturer's standard samples of Materials and samples specified in the Contract, all at the Contractor's cost, and(b) 工程师指示作为变更增加的样本。(b) additional samples instructed by the Engineer as a Variation.
Each sample shall be labeled as to origin and intended use in the Works.
The Employer’s Personnel shall at all reasonnable times(a) 应完全能进入现场及进入获得自然材料的所有场所，以及
(a) have full access to all parts of the Site and to all places from which natural Materials are being obtained, and
(b) 有权在生产、制造和施工期间（在现场或其他地方）对材料和工艺进行审核、检查、测量与检验，并对永久设备的制造进度和材料的生产及制造进度进行审查。(b) during production. manufacture and construction (at the Site and elsewhere), be entitled to examine, inspect, measure and test the materials and workmanship, and to check the progress of manufacture of Plant and production and manufacture of Materials.
The Contractor shall give the Employer's Personnel full opportunity to carry out these activities,. including providing access, facilities, permissions and safety equipment. No such activity shall relieve the Contractor from any obligation or responsibility.
The Contractor shall give notice to the Engineer whenever any work is ready and before it is covered up, put out of sight, or packaged for storage or transport. The Engineer shall then either carry out the examination, inspection, measurement or testing without unreasonable delay, or promptly give notice to the Contractor that the Engineer does not require to do so. If the Contractor fails to give the notice, he shall, if and when required by the Engineer, uncover the work and thereafter reinstate and make good, all at the Contractor's cost.
This Sub-Clause shall apply to all tests specified in the Contract, other than the Tests after Completion (if any).
The Contractor shall provide all apparatus, assistance, documents and other information, electricity, equipment, fuel, consumables, instruments, labour, materials, and suitably qualified and experienced staff, as are necessary to carry out the specified tests efficiently. The Contractor shall agree, with the Engineer, the time and place for the specified testing of any Plant, Materials and other parts of the Works.
The Engineer may, under Clause 13 [Variations and Adjustments], vary the location or details of specified tests, or instruct the Contractor to carry out additional tests. If these varied or additional tests show that the tested Plant, Materials or workmanship is not in accordance with the Contract, the cost of carrying out this Variation shall be borne by the Contractor, notwithstanding other provisions of the Contract.
The Engineer shall give the Contractor not less than 24 hours' notice of the Engineer's intention to attend the tests. If the Engineer does not attend at the time and place agreed, the Contractor may proceed with the tests, unless otherwise instructed by the Engineer, and the tests shall then be deemed to have been made in the Engineer's presence.
If the Contractor suffers delay and/or incurs, Cost from complying with these instructions or as a result of a delay for which the Employer is responsible, 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) 支付任何有关费用加上合理利润，并将之加入合同价格。(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.
The Contractor shall promptly forward to the Engineer duly certified reports of the tests. When the specified tests have been passed, the Engineer shall endorse the Contractor's test certificate, or issue a certificate to him, to that effect. If the Engineer has not attended the tests, he shall be deemed to have accepted the readings as accurate.
If, as a result of an examination, inspection, measurement or testing, any Plant, Materials or workmanship is found to be defective or otherwise not in accordance with the Contract, the Engineer may reject the Plant, Materials or workmanship by giving notice to the Contractor, with reasons. The Contractor shall then promptly make good the defect and ensure that the rejected item complies with the Contract.
If the Engineer requires this Plant, Materials or workmanship to be retested, the tests shall be repeated under the same terms and conditions. If the rejection and retesting cause the Employer to incur additional costs, the Contractor shall subject to Sub¬-Clause 2.5 [Employer's Claims] pay these costs to the Employer.
Notwithstanding any previous test or certification, the Engineer may instruct the Contractor to:
(a) 将工程师认为不符合合同规定的永久设备或材料从现场移走并进行替换；(a) remove from the Site and replace any Plant or Materials which is not in accordance with the Contract,(b) 把不符合合同规定的任何其他工程移走并重建；以及(b) remove and re-execute any other work which is not in accordance with the Contract, and(c) 实施任何因保护工程安全而急需的工作，无论因为事故、不可预见事件或是其他事件。(c) execute any work which is urgently required for the safety of the Works, whether because of an accident, unforeseeable event or otherwise.
The Contractor shall comply with the instruction within a reasonable time, which shall be the time (if any) specified in the instruction, or immediately if urgency is specified under-sub-paragraph (c).
If the Contractor fails to comply with the instruction, the Employer shall be entitled to employ and pay other persons to carry out the work. Except to the extent that the Contractor would have been entitled to payment for the work, the Contractor shall subject to Sub-Clause 2.5 [Employer's Claims] pay to the Employer all costs arising from this failure.
7.7对永久设备和材料的拥有权7.7Ownership of Plant and Materials
Each item of Plant and Materials shall, to the extent consistent with the Laws of the Country, become the property of the Employer at whichever is the earlier of the following times, free from liens and other encumbrances:
(a) 当运至现场时；(a)when it is delivered to the Site;(b) 当依据第8.10款【暂停时永久设备和材料的支付】承包商有权获得相当于永久设备和材料的价值的付款时。(b) when the Contractor is entitled to payment of the value of the Plant and Materials under Sub-Clause 8.10 [Payment for Plant and Materials in Event of Suspension].
Unless otherwise stated in the Specification, the Contractor shall pay all royalties, rents and other payments for:
(a) 从现场外获得的原材料；以及(a) natural Materials obtained from outside the Site, and(b) 对拆除及开挖的材料和其他剩余材料（无论是天然的或合成的），但不包括合同中规定的现场内的弃土区。(b) the disposal of material from demolitions and excavations and of other surplus material (whether natural or man-made), except to the extent that disposal areas within the Site are specified in the Contract.
8 开工、延误和暂停8. Commencement, Delays and Suspension8.1工程的开工8.1Commencement of Works
The Engineer shall give the Contractor not less than 7 days' notice of the Commencement Date. Unless otherwise stated in the Particular Conditions, the Commencement Date shall be within 42 days after the Contractor receives the Letter of Acceptance.
The Contractor shall commence the execution of the Works as soon as is reasonably practicable after the Commencement Date, and shall then proceed with the Works with due expedition and without delay.
8.2竣工时间8.2Time for Completion
The Contractor shall complete the whole of the Works, and each Section (if any), within the Time for Completion for the Works or Section (as the case may be), including:
(a) 通过竣工检验，以及(a) achieving the passing of the Tests on Completion, and(b) 完成合同中规定的所有工作，这些工作被认为是为了按照第10.1款【对工程和区段的接收】的规定，进行移交之目的而完成工程和区段所必需的工作。(b) completing all work which is stated in the Contract as being required for the Works or Section to be considered to be completed for the purposes of taking¬ over under Sub-Clause 10.1 [Taking Over of the Works and Sections].
The Contractor shall submit a detailed time programme to the Engineer within 28 days after receiving the notiee under Sub-Clause 8.1 [Commencement of Works]. The Contractor shall also submit a revised programme whenever the previous programme is inconsistent with actual progress or with the Contractor's obligations. Each programme shall include:
(a) 承包商计划实施工程的次序，包括设计（如有时），承包商的文件，采购，永久设备的制造，运达现场，施工，安装和检验的各个阶段的预期时间，(a) the order in which the Contractor, intends to carry out the Works, including the anticipated timing of each stage of design (if any), Contractor's documents, procurement, manufacture of Plant, delivery to Site, construction, erection and testing,(b) 每个指定分包商（在第5款【指定分包商】中定义的）的工程的各个阶段，(b) each of these stages for work by each nominated Subcontractor (as defined in Clause 5 [Nominated Subcontractors]),(c) 合同中规定的检查和检验的次序和时间，以及(c)the sequence and timing of inspections and tests specified in the Contract, and(d) 一份证明文件，内容为：
(d) a supporting report which includes:
(i) 对实施工程中承包商准备采用的方法和主要阶段的总体描述，以及(i) a general description of the methods which the Contractor intends to adopt, and of the major stages, in the execution of the Works, and(ii) 各主要阶段现场所需的各等级的承包商的人员和各类承包商的设备的数量的合理估算的详细说明。(ii) details showing the Contractor's reasonable estimate of the number of each class of Contractor's Personnel and of each type of Contractor's Equipment, required on the Site for each major stage.
Unless the Engineer, within 21 days after receiving a programme, gives notice to the Contractor stating the extent to which it does not comply with the Contract, the Contractor shall proceed in accordance with the programme, subject to his other obligations under the Contract. The Employer's Personnel shall be entitled to rely upon the programme when planning their activities.
The Contractor shall promptly give notice to the Engineer of specific probable future events or circumstances which may adversely affect the work, increase the Contract Price or delay the execution, of the Works. The Engineer may require the Contractor to submit an estimate of the anticipated effect of the future event or circumstances. and/or a proposal under sub-Clause 13.3 [Variation Procedure].
If, at any time, the Engineer gives notice to the Contractor that a programme fails (to the extent stated) to comp,: with the Contract or to be consistent with actual progress and the Contractor's stated intentions, the Contractor shall submit a revised programme to the Engineer 'n accordance with this Sub-Clause.
8.4Extension of Time for Completion
The Contractor shall be entitled subject to Sub-Clause 20.1 [Contractor's Claims] to an extension of the Time for Completion if and to the extent that completion for the purposes of Sub-Clause 10.1 [Taking Over of the Works and Sections] is or will be delayed by any of the following causes:
(a) a Variation (unless an adjustment to the Time for Completion has been agreed under Sub-Clause 13.3 [Variation Procedure]] or other substantial change in the quantity of an item of work included in the Contract,
(b) 导致承包商根据本合同条件的某条款有权获得延长工期的延误原因；(b) a cause of delay giving an entitlement to extension of time under a Sub-Clause of these Conditions,(c) 异常不利的气候条件；(d) Unforeseeable shortages in the availability of personnel or Goods caused by epidemic or governmental actions, or(d) 由于传染病或其他政府行为导致人员或货物的可获得的不可预见的短缺；或(e) 由雇主，雇主人员或现场中雇主的其他承包商直接造成的或认为属于其责任的任何延误、干扰或阻碍。
(e) any delay, impediment or prevention caused by or attributable to the Employer, the Employer's Personnel, or the Employer's other contractors on the Site.
If the Contractor considers himself to be entitled to an extension of the Time for Completion, the Contractor shall give notice to the Engineer in accordance with Sub¬-Clause 20.1 [Contractor's Claims]. When determining each extension of time under Sub-Clause 20.1, the Engineer shall review previous determinations and may increase, but shall not decrease, the total extension of time.
8.5由公共当局引起的延误8.5Delays Caused by Authorities
如果下列条件成立，即：If the following conditions apply, namely:
(a)承包商已努力遵守了工程所在国有关合法公共当局制定的程序；(a) the Contractor has diligently followed the procedures laid down by the relevant legally constituted public authorities in the Country,(b)这些公共当局延误或干扰了承包商的工作；以及
(b) these authorities delay or disrupt the Contractor's work, and(c)此延误或干扰是无法预见的，(c) the delay or disruption was Unforeseeable,
then this delay or disruption will be considered as a cause of delay under sub¬paragraph (b) of Sub-Clause 8.4 [Extension of Time for Completion].
8.6进展速度8.6Rate of Progress
如果任何时候：If, at any time:
(a) 实际进度过于缓慢以致无法按竣工时间完工，和(/或)(a) actual progress is too slow to complete within the Time for Completion, and/or(b) 进度已经（或将要）落后于第8.3款【进度计划】中规定的现行进度计划，(b) progress has fallen (or will fall) behind the current programme under Sub-¬Clause 8.3 [Programme],
other than as a result of a cause listed in Sub-Clause 8.4 [Extension of Time for Completion], then the Engineer may instruct the Contractor to submit, under Sub¬Clause 8.3 [Programme], a revised programme and supporting report describing the revised methods which the Contractor proposes to adopt in order to expedite progress and complete within the Time for Completion.
Unless the Engineer notifies otherwise, the Contractor shall adopt these revised methods, which may require increases in the working hours and/or in the numbers of Contractor's Personnel and/or Goods, at the risk and cost of the Contractor. If these revised methods cause the Employer to incur additional costs, the Contractor shall subject to Sub-Clause 2.5 [Employer's Claims] pay these costs to the Employer, in addition to delay damages (if any) under Sub-Clause 8.7 below.
8.7误期损害赔偿费 8.7Delay Damages
If the Contractor fails to comply with Sub-Clause 8.2 [Time for Completion], the Contractor shall subject to Sub-Clause 2.5 [Employer's Claims] pay delay damages to the Employer for this default. These delay damages shall be the sum stated in the Appendix to Tender, which shall be paid for every day which shall elapse between the relevant Time for Completion and the date stated in the Taking-Over Certificate. However, the total amount due under this Sub-Clause shall not exceed the maximum amount of delay damages (if any) stated in the Appendix to Tender.
These delay damages shall be the only damages due from the Contractor for such default, other than in the event of termination under Sub-Clause 15.2 [Termination by Employer] prior to completion of the Works. These damages shall not relieve the Contractor from his obligation to complete the Works, or from any other duties, obligations or responsibilities which he may have under the Contract.
8.8工程暂停8.8Suspension of Work
The Engineer may at any time instruct the Contractor to suspend progress of part or all of the Works. During such suspension, the Contractor shall protect, store and secure such part or the Works against any deterioration, loss or damage.
The Engineer may also notify the cause for the suspension. If and to the extent that the cause is notified and is the responsibility of the Contractor, the following Sub¬-Clauses 8.9, 8.10 and 8.11 shall not apply.
8.9暂停引起的后果8.9 Consequences of Suspension
If the Contractor suffers delay and/or incurs Cost from complying with the Engineer's instructions under Sub-Clause 8.8 [Suspension of Work] and/or from resuming the work, 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, which shall be included in the Contract Price.
8.9 Consequences of Suspension
After receiving this notice, the Engineer shall proceed; in accordance with Sub-Clause 3.5 [Determinations] to agree or determine these matters.
The Contractor shall not be entitled to an extension of time for, or to payment of the Cost incurred in, making good the consequences of the Contractor's faulty design, workmanship or materials, or of the Contractor's failure to protect, store or secure in accordance with Sub-Clause 8.8 [Suspension' of Work]
8.10暂停时对永久设备和材料的支付 8.10 Payment for Plant and
Materials in Event of
The Contractor shall be entitled to payment of the value (as at the date of suspension) of Plant and/or Materials which have not been delivered to Site, if:
(a) the work on Plant or delivery of Plant and/or Materials has been suspended for more than 28 days, and
(b) the Contractor has marked the Plant and/or Materials as the Employer's property in accordance with the Engineer's instructions.
If the suspension under Sub-Clause 8.8 [Suspension of Work] has continued for more than 84 days, the Contractor may request the Engineer's permission to proceed. If the Engineer does not give permission within 28 days after being requested to do so, the Contractor may, by giving notice to the Engineer, treat the suspension as an omission under Clause 13 [Variations and Adjustments] of the affected part of the Works. If the suspension affects the whole of the Works, the Contractor may give notice of termination under Sub-Clause 16.2 [Termination by Contractor].
8.12复工 8.12Resumption of Work
After the permission or instruction to proceed is given, the Contractor and the ¬Engineer shall jointly examine the Works and the Plant and Materials affected by the suspension. The Contractor shall make good any deterioration or defect in or loss other Works or Plant or Materials, which has occurred during the suspension.
9 竣工检验9. Tests On Completion9.1承包商的义务9.1Contractor's Obligations
The Contractor shall carry out the Tests on Completion in accordance with this Clause and Sub-Clause 7.4 [Testing], after providing the documents in accordance with sub-paragraph (d) of Sub-Clause 4.1 [Contractors General Obligations].
The Contractor shall give to the Engineer not less than 21 days' notice of the date after which the Contractor will be ready to carry out each of the Tests on Completion. Unless otherwise agreed,-Tests on Completion shall be carried out within 14 days after this date, on such day or days as the Engineer shall instruct.
In considering the results of the Tests on Completion, the Engineer shall make allowances for the effect of any use of the Works by the Employer on the performanc or other characteristics of the Works. As soon as the Works, or a Section, have passed any Tests on Completion, the Contractor shall submit a certified report of the results of these Tests to the Engineer.
9.2延误的检验 9.2Delayed Tests
If the Tests on Completion are being unduly delayed by the Employer, Sub-Clause 7.¬[Testing] (fifth paragraph) and/or Sub-Clause 10.3 [interference with Tests or Completion] shall be applicable.
If the Tests on Completion are being unduly delayed by the Contractor, the Engineer may by notice require the Contractor to carry out the Tests within 21 days after receiving the notice. The Contractor-shall carry-out the Tests on such day or days within that period as the Contractor may fix and of which he shall give notice to the Engineer.
If the Contractor fails to cant' out the Tests on Completion within the period of 21 days, the Employer's Personnel may proceed with the Tests at the risk and cost of the Contractor. The Tests on Completion shall then be deemed to have been carried out in the presence of the Contractor and the results of the Tests shall be accepted as accurate.
If the Works, or a Section, fail to pass the Tests on Completion, Sub-Clause 7.5 [Rejection] shall apply, and the Engineer or the Contractor may require the failed Tests, and Tests on Completion on any related work, to be .repeated under the same terms and conditions.
9.4未能通过竣工检验9.4Failure to Pass Tests on completion
If the Works, or a Section, fail to pass the Tests on Completion repeated under Sub¬ Clause 9.3 (Retesting), the Engineer shall be entitled to:
(a) 指示按照第9.3款再进行一次重复的竣工检验；(a) order further repetition of Tests on Completion under Sub-Clause 9.3;
(b) 如果由于该过失致使雇主基本上无法享用该工程或区段所带来的全部利益，拒收整个工程或区段（视情况而定），在此情况下，雇主应获得与第11.4款【未能修补缺陷】(c)段中的规定相同的补偿；或(b) if the failure deprives the Employer of substantially the whole benefit of the Works or Section, reject the Works or Section (as the case may be), in which event the Employer shall have the same remedies as are provided in sub¬paragraph (c) of Sub-Clause 11.4 [Failure to Remedy Defects]; or
(c) 颁发一份接收证书（如果雇主如此要求的话）。(c) issue a Taking-Over Certificate, if the Employer so requests.
In the event of sub-paragraph (c), the Contractor shall proceed in accordance with all other obligations under the Contract. and the Contract Price shall be reduced by such amount as shall be appropriate to cover the reduced value to the Employer as a result of this failure. Unless the relevant reduction for this failure is stated (or its method of calculation is defined) in the Contract, the Employer may require the reduction to be (i) agreed by both Parties (in full satisfaction of this failure only) and paid before this Taking-Over Certificate is issued, or (ii) determined and paid under Sub-Clause 2.5 [Employer's Claims] and Sub-Clause 3.5 [Determinations].
10 雇主的接收10. Employer’s Taking Over10.1对工程和区段的接收10.1Taking Over of the Works and Sections
Except as stated in Sub-Clause 9.4 [Failure to Pass Tests on Completion], the works shall be taken over by the Employer when (i) the Works have been completed in accordance with the Contract, including the matters described in Sub-Clause 8.2 [Time for Completion] and except as allowed in sub-paragraph (a) below, and (ii) a Taking-Over Certificate for the Works has been issued, or is deemed to have been issued in accordance with this Sub-Clause.
The Contractor may apply by notice to the Engineer for a Taking-Over Certificate not earlier than 14 days before the Works will, in the Contractor's opinion, be complete and ready for taking over. If the Works are divided into Sections, the Contractor may similarly apply for a Taking-Over Certificate for each Section.
The Engineer shall, within 28 days after receiving the Contractor's application:
(a) issue the Taking-Over Certificate to the Contractor, stating the date on which the Works or Section were completed in accordance with the Contract, except for any minor outstanding work and defects which will not substantially affect the use of the Works or Section for their intended purpose (either until or whilst this work is completed and these defects are remedied); or
(b) reject the application, giving reasons and specifying the work required to be done by the Contractor to enable the Taking-Over Certificate to be issued. The Contractor shall then complete this work before issuing a further notice under this Sub-Clause.
If the Engineer fails either to issue the Taking-Over Certificate or to reject the Contractor's application within the period of 28 days, and if the Works or Section (as the case may be) are substantially in accordance with the Contract, the Taking-Over Certificate shall be deemed to have been issued on the last day of that period.
10.2对部分工程的接收 10.2 Taking Over of parts of the Works
The Engineer may, at the sole discretion of the Employer, issue a Taking-Over Certificate for any part of the Permanent Works.
The Employer shall not use any part of the Works (other than as a temporary measure which is either specified in the Contract or agreed by both Parties) unless and until the Engineer has issued a Taking-Over Certificate for this part. However, if the Employer does use any part of the Works before the Taking-Over Certificate is issued:
(a) 该被使用的部分自被使用之日，应视为已被雇主接收；(a) the part which is used shall be deemed to have been taken over as from the date on which it is used,(b) 承包商应从使用之日起停止对该部分的照管责任，此时，责任应转给雇主；以及
(b) the Contractor shall cease to be liable for the care of such part as from this date, when responsibility shall pass to the Employer, and(c) 当承包商要求时，工程师应为此部分颁发接收证书。(c) if requested by the Contractor, the Engineer shall issue a Taking-Over Certificate for this part.
After the Engineer has issued a Taking-Over Certificate for a part of the Works, the Contractor shall be given the earliest opportunity to take such steps as may be necessary to carry out any outstanding Tests on Completion. The Contractor shall carry out these Tests on Completion as soon as practicable before the expiry date of the relevant Defects Notification Period.
If the Contractor incurs Cost as a result of the Employer taking over and/or using a part of the Works, other than such use as is specified in the Contract or agreed by the Contractor, the Contractor shall (i) give notice to the Engineer and (ii) be entitled subject to Sub-Clause 20.1 [Contractor's Claims] to 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 this Cost and profit.
If a Taking-Over Certificate has been issued for a part of the Works (other than E Section), the delay damages thereafter for completion of the remainder of the WorkE shall be reduced. Similarly, the delay damages for the remainder of the Section (if any) in which this part is included shall also be reduced. For any period of delay after the date stated in this Taking-Over Certificate, the proportional reduction in these delay damages shall be calculated as the proportion which the value of the part so certified bears to the value of the Works or Section (as the case may be) as a whole. The Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine these proportions. The provisions of this paragraph shall only apply to the daily rate of delay damages under Sub-Clause 8.7 [Delay Damages], and shall not affect the maximum amount of these damages.
10.3对竣工检验的干扰10.3Interference with Tests on Completion
If the Contractor is prevented, for more than 14 days, from carrying out the Tests on Completion by a cause for which the Employer is responsible, the Employer shall be deemed to have taken over the Works or Section (as the case may be) on the date when the Tests on Completion would otherwise have been completed.
The Engineer shall then issue a Taking-Over Certificate accordingly, and the Contractor shall carry out the Tests on Completion as soon as practicable, before the expiry date of the Defects Notification Period. The Engineer shall require the Tests on Completion to be carried out by giving 14 days' notice and in accordance with the relevant provisions of the Contract.
If the Contractor suffers delay and/or incurs Cost as a result of this delay in carrying out the Tests on Completion, the Contractor shall give 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) 支付任何有关费用加上合理的利润，并将之加入合同价格。(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.
10.4地表需要恢复原状 10.4 Surfaces Requiring Reinstatement
Except as otherwise stated in a Taking-Over Certificate, a certificate for a Section or part of the Works shall not be deemed to certify completion of any ground or other surfaces requiring reinstatement
11 缺陷责任11. Defects Liability
11.1完成扫尾工作和修补缺陷11.1 Completion of Outstanding Work and Remedying Defects
In order that the Works and Contractor's documents, and each Section, shall be in the condition required by the Contract (fair wear and tear excepted) by the expiry date of the relevant Defects Notification Period or as soon as practicable thereafter, the Contractor shall:
(a) 在工程师指定的一段合理时间内完成至接收证书注明的日期时尚未完成的任何工作；(a) complete any work which is outstanding on the date stated in a Taking-Over Certificate, within such reasonable time as is instructed by the Engineer, and (b) 按照雇主（或雇主授权的他人）指示，在工程或区段的缺陷通知期期满之日或之前（视情况而定）实施补救缺陷或损害所必需的所有工作。(b) execute all work required to remedy defects or damage, as may be notified by (or on behalf of) the Employer on or before the expiry date of the Defects Notification Period for the Works or Section (as the case may be).
All work referred to in sub-paragraph (b) of Sub-Clause 11.1 [Completion of Outstanding Work and Remedying Defects] shall be executed at the risk and cost of the Contractor, if and to the extent that the work is attributable to:
(a) any design for which the Contractor is responsible,(b) 永久设备、材料或工艺不符合合同要求；或(b) Plant, Materials or workmanship not being in accordance with the Contract, or(c) 承包商未履行其任何其他义务。(c) failure by the Contractor to comply with any other obligation.
If and to the extent that such work is attributable to any other cause, the Contractor shall be noted promptly by (or on behalf of) the Employer, and Sub-Clause 13.3 [Variation Procedure] shall apply.
11.3缺陷通知期的延长 11.3Extension of Defects Notification Period
The Employer shall be entitled subject to Sub-Clause 2.5 [Employer's Claims] to an extension of the Defects Notification Period for the Works or a Section if and to the extent that the Works, Section or a major item of Plant (as the case may be, and after taking over) cannot be used for the purposes for which they are intended by reason of a defect or damage. However, a Defects Notification Period shall not be extended by more than two years.
If delivery and/or erection of Plant and/or Materials was suspended under Sub¬Clause 8.8 [Suspension of Work] or Sub-Clause 16.1 [Contractor's Entitlement to Suspend Work], the Contractor's obligations under this Clause shall not apply to any defects or damage occurring more than two years after the Defects Notification Period for the Plant and/or Materials would otherwise have expired.
11.4未能补救缺陷11.4 Failure to Remedy Defects
If the Contractor fails to remedy any defect or damage within a reasonable time, a date may be fixed by (or on behalf of) the Employer, on or by which the defect or damage is to be remedied. The Contractor shall be given reasonable notice of this date.
If the Contractor fails to remedy the defect or damage by this notified date and this remedial work was to be executed at the cost of the Contractor under Sub-¬Clause 11.2 [Cost of Remedying Defects], the Employer may (at his option):
(a) carry out the work himself or by others, in a reasonable manner and at the Contractor's cost, but the Contractor shall have no responsibility for this work; and the Contractor shall subject to Sub-Clause 2.5 [Employer's Claims] pay to the Employer the costs reasonably incurred by the Employer in remedying the defect or damage;
(b) require the Engineer to agree or determine a reasonable reduction in the Contract Price in accordance with Sub-Clause 3.5 [Determinations]; or
(c) if the defect or damage deprives the Employer of substantially the whole benefit of the Works or any major part of the Works, terminate the Contract as a whole, or in respect of such major part which cannot be put to the intended use. Without prejudice to any other rights, under the Contract or otherwise, the Employer shall. then be entitled to recover all sums paid for the Works or for such part (as the case may be), plus financing costs and the cost of dismantling the same, clearing the Site and returning Plant and Materials to the Contractor.
11.5清除有缺陷的部分工程 11.5Removal of Defective Work
If the defect or damage cannot be 'remedied expeditiously on the Site and the Employer gives consent, the Contractor may remove from the Site for the purposes of repair such items of Plant as are defective or damaged. This consent may require the Contractor to increase the amount of the Performance Security by the full replacement cost of these items, or to provide other appropriate security.
If the work of remedying of any defect or damage may affect the performance of the Works, the Engineer may require the repetition of any of the tests described in the Contract. The requirement shall be made by notice within 28 days after the defect or damage is remedied.
These tests shall be carried out in accordance with the terms applicable to the previous tests, except that they shall be carried out at the risk and cost of the Party liable, under Sub-Clause 11.2 [Cost of Remedying Defects], for the cost of the remedial work.
11.7进入权 11.7Right of Access
Until the Performance Certificate has been issued, the Contractor shall have such right of access to the Works as is reasonably required in order to comply with this Clause. Except as may be inconsistent with the Employer’s reasonable security restrictions.
11.8承包商的检查 11.8Contractor to Search
The Contractor shall, if required by the Engineer, search for the cause of any defect, under the direction of the Engineer. Unless the defect is to be remedied at the cost of the Contractor under Sub-Clause 11.2 [Cost of Remedying Defects], the Cost of the search plus reasonable profit shall be agreed or determined by the Engineer in accordance with Sub-Clause 3.5 [Determinations] and shall be included in the Contract Price.
Performance of the Contractor's obligations shall not be considered to have been completed until the Engineer has issued the Performance Certificate to the Contractor. stating the date on which the Contractor completed his obligations under the Contract.
The Engineer shall issue the Performance Certificate within 28 days after the latest of the expiry dates of the Defects Notification Periods, or as soon thereafter as the Contractor has supplied all the Contractor's documents and completed and tested all the Works, including remedying any defects. A copy of the Performance Certificate shall be issued to the Employer.
Only the Performance Certificate shall be deemed to constitute acceptance of the Works.
11.10未履行的义务11.1 Unfulfilled Obligations
After the Performance Certificate has been issued, each Party shall remain liable for the fulfillment of any obligation which remains unperformed at that time. For the purposes of determining the nature and extent of unperformed obligations, the Contract shall be deemed to remain in force.
11.11现场的清理 11.11Clearance of Site
Upon receiving the Performance Certificate, the Contractor shall remove any remaining Contractor's Equipment, surplus material, wreckage, rubbish and Temporary Works from the Site.
If all these items have not been removed within 28 days after the Employer receives a copy of the Performance Certificate, the Employer may sell or otherwise dispose of any remaining items. The Employer shall be entitled to be paid the costs incurred in connection with, or attributable to, such sale or disposal and restoring the Site.
Any balance of the moneys from the sale shall be paid to the Contractor. If these moneys are less than the Employer's costs, the Contractor shall pay the outstanding balance to the Employer.