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本帖最后由 三T上人 于 2016-7-22 16:12 编辑 <br /><br />CONDITIONS OF CONTRACT FOR
PLANT AND DESIGN-BUILD
FIRST EDITION 1999
General Conditions
CONTENTS
1 GENERAL PROVISIONS 1
1.1 Definitions 1
1.2 Interpretation 4
1.3 Communications 5
1.4 Law and Language 5
1.5 Priority of Documents 5
1.6 Contract Agreement 5
1.7 Assignment 5
1.8 Care and Supply of Documents 6
1.9 Confidentiality 6
1.10 Employer’s Use of Contractor’s Documents 6
1.11 Contractor’s Use of Employer’s Documents 6
1.12 Confidential Details 7
1.13 Compliance with Laws 7
1.14 Joint and Several Liability 7
2 THE EMPLOYER 7
2.1 Right of Access to the Site 7
2.2 Permits, Licences or Approvals 8
2.3 Employer’s Personnel 8
2.4 Employer’s Financial Arrangements 8
2.5 Employer’s Claims 8
3 THE EMPLOYER’S ADMINISTRATION 9
3.1 The Employer’s Representative 9
3.2 Other Employer’s Personnel 9
3.3 Delegated Persons 9
3.4 Instructions 10
3.5 Determinations 10
4 THE CONTRACTOR 10
4.1 Contractor’s General Obligations 10
4.2 Performance Security 11
4.3 Contractor’s Representative 11
4.4 Subcontractors 12
4.5 Nominated Subcontractors 12
4.6 Co-operation 12
4.7 Setting Out 13
4.8 Safety Procedures 13
4.9 Quality Assurance 13
4.10 Site Data 13
4.11 Sufficiency of the Contract Price 14
4.12 Unforeseeable Difficulties 14
4.13 Rights of Way and Facilities 14
4.14 Avoidance of Interference 14
4.15 Access Route 14
4.16 Transport of Goods 15
4.17 Contractor’s Equipment 15
4.18 Protection of the Environment 15
4.19 Electricity, Water and Gas 15
4.20 Employer’s Equipment and Free-Issue Material 15
4.21 Progress Reports 16
4.22 Security of the Site 17
4.23 Contractor’s Operations on Site 17
4.24 Fossils 17
5 DESIGN 18
5.1 General Design Obligations 18
5.2 Contractor’s Documents 18
5.3 Contractor’s Undertaking 19
5.4 Technical Standards and Regulations 19
5.5 Training 19
5.6 As-Built Documents 20
5.7 Operation and Maintenance Manuals 20
5.8 Design Error 20
6 STAFF AND LABOUR 20
6.1 Engagement of Staff and Labour 20
6.2 Rates of Wages and Conditions of Labour 20
6.3 Persons in the Service of Others 20
6.4 Labour Laws 21
6.5 Working Hours 21
6.6 Facilities for Staff and Labour 21
6.7 Health and Safety 21
6.8 Contractor’s Superintendence 21
6.9 Contractor’s Personnel 22
6.10 Records of Contractor’s Personnel and Equipment 22
6.11 Disorderly Conduct 22
7 PLANT, MATERIALS AND WORKMANSHIP 22
7.1 Manner of Execution 22
7.2 Samples 22
7.3 Inspection 22
7.4 Testing 23
7.5 Rejection 24
7.6 Remedial Work 24
7.7 Ownership of Plant and Materials 24
7.8 Royalties 24
8 COMMENCEMENT, DELAYS AND SUSPENSION 25
8.1 Commencement of Works 25
8.2 Time for Completion 25
8.3 Programme 25
8.4 Extension of Time for Completion 26
8.5 Delays Caused by Authorities 26
8.6 Rate of Progress 26
8.7 Delay Damages 27
8.8 Suspension of Work 27
8.9 Consequences of Suspension 27
8.10 Payment for Plant and Materials in Event of Suspension 27
8.11 Prolonged Suspension 28
8.12 Resumption of Work 28
9 TESTS ON COMPLETION 28
9.1 Contractor’s Obligations 28
9.2 Delayed Tests 29
9.3 Retesting 29
9.4 Failure to Pass Tests on Completion 29
10 EMPLOYER’S TAKING OVER 30
10.1 Taking Over of the Works and Sections 30
10.2 Taking Over of Parts of the Works 30
10.3 Interference with Tests on Completion 30
11 DEFECTS LIABILITY 31
11.1 Completion of Outstanding Work and Remedying Defects 31
11.2 Cost of Remedying Defects 31
11.3 Extension of Defects Notification Period 31
11.4 Failure to Remedy Defects 31
11.5 Removal of Defective Work 32
11.6 Further Tests 32
11.7 Right of Access 32
11.8 Contractor to Search 32
11.9 Performance Certificate 32
11.10 Unfulfilled Obligations 33
11.11 Clearance of Site 33
12 TESTS AFTER COMPLETION 33
12.1 Procedure for Tests after Completion 33
12.2 Delayed Tests 34
12.3 Retesting 34
12.4 Failure to Pass Tests after Completion 34
13 VARIATIONS AND ADJUSTMENTS 35
13.1 Right to Vary 35
13.2 Value Engineering 35
13.3 Variation Procedure 35
13.4 Payment in Applicable Currencies 36
13.5 Provisional Sums 36
13.6 Daywork 36
13.7 Adjustments for Changes in Legislation 37
13.8 Adjustments for Changes in Costs 37
14 CONTRACT PRICE AND PAYMENT 37
14.1 The Contract Price 37
14.2 Advance Payment 38
14.3 Application for Interim Payments 38
14.4 Schedule of Payments 39
14.5 Plant and Materials intended for the Works 39
14.6 Interim Payments 39
14.7 Timing of Payments 40
14.8 Delayed Payment 40
14.9 Payment of Retention Money 40
14.10 Statement at Completion 41
14.11 Application for Final Payment 41
14.12 Discharge 41
14.13 Final Payment 42
14.14 Cessation of Employer’s Liability 42
14.15 Currencies of Payment 42
15 TERMINATION BY EMPLOYER 43
15.1 Notice to Correct 43
15.2 Termination by Employer 43
15.3 Valuation at Date of Termination 44
15.4 Payment after Termination 44
15.5 Employer’s Entitlement to Termination 44
16 SUSPENSION AND TERMINATION BY CONTRACTOR 44
16.1 Contractor’s Entitlement to Suspend Work 44
16.2 Termination by Contractor 45
16.3 Cessation of Work and Removal of Contractor’s Equipment 45
16.4 Payment on Termination 46
17 RISK AND RESPONSIBILITY 46
17.1 Indemnities 46
17.2 Contractor’s Care of the Works 46
17.3 Employer’s Risks 47
17.4 Consequences of Employer’s Risks 47
17.5 Intellectual and Industrial Property Rights 47
17.6 Limitation of Liability 48
18 INSURANCE 48
18.1 General Requirements for Insurance 48
18.2 Insurance for Works and Contractor’s Equipment 49
18.3 Insurance against Injury to Persons and Damage to Property 51
18.4 Insurance for Contractor’s Personnel 51
19 FORCE MAJEURE 51
19.1 Definition of Force Majeure 51
19.2 Notice of Force Majeure 52
19.3 Duty to Minimise Delay 52
19.4 Consequences of Force Majeure 52
19.5 Force Majeure Affecting Subcontractor 53
19.6 Optional Termination, Payment and Release 53
19.7 Release from Performance under the Law 53
20 CLAIMS, DISPUTES AND ARBITRATION 54
20.1 Contractor’s Claims 54
20.2 Appointment of the Dispute Adjudication Board 55
20.3 Failure to Agree Dispute Adjudication Board 56
20.4 Obtaining Dispute Adjudication Board’s Decision 56
20.5 Amicable Settlement 57
20.6 Arbitration 57
20.7 Failure to Comply with Dispute Adjudication Board’s Decision 57
20.8 Expiry of Dispute Adjudication Board’s Appointment 58
APPENDIX 59
GENERAL CONDITIONS OF DISPUTE ADJUDICATION AGREEMENT 59
INDEX OF SUB-CLAUSES i
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