国际工程承包合同,FIDIC87 英文原版

TENDERING PROCEDURE

The FIDIC Conditions of Contract envisage that a contractor will be selected by the Employer following competitive tendering.

FIDIC has published a document entitled 'Tendering Procedure' which presents a systematic approach to the selection of tenderers and the obtaining and evaluating of tenders. It is intended to assist the Employer/Engineer to receive sound competitive tenders with a minimum of qualifications and formulated so that they can be quickly and efficiently assessed. At tile same time, every effort has been made to provide the opportunity and incentive for contractors to respond easily to invitations to tender for projects they are well qualified to implement.

Experience has shown that, for major projects and those involving international tendering, prequalification of tenderers is desirable since it enable the Employer/Engineer to establish. In advance the competence of the firms subsequently invited to tender. It also ensures that invitations are addressed to leading companies who would not necessarily participate in open or unrestricted tendering. Such unrestricted tendering does not always facilitate appropriate competition because the number of tenderers may be so great as to make the odds against tendering successfully unacceplable.

Additionally, prequalification has the advantage of reducing the inflationary effect which must arise where firms incur unproductive expense in submitting a large number of tenders in the knowledge that a high proportion of these must be unsuccessful.

A flowchart illustrating the recommended procedures for the prequalification of tenderers, for obtaining tenders and for opening and evaluation of tenders is reproduced on subsequent pages.

The documents issued to tenderers (the Tender documents) normally comprise Condition of Contract, Specifications, Drawings, Bill of Quantities and form of Tender, together with Instructions to Tenderers. All except Instructions to Tenderers become Contract documents on award of Contract. It is usual to send the Tender document to tenderers under cover of latter, which should be limited to identifying the documents and giving the recipient an invitation to tender.

Conditions of Contract

The Conditions of Contract will consist of Part I and Part II of the Red Book. The Conditions set out the legal/contractual arrangements that will apply to the Contract. The principles and the method to be followed in their preparation are described in a later chapter of this Guide,

Specification

The Specifications will define the scope and the technical requirements of the Contract. The quality of materials and the standards of workmanship to be provided by the Contractor must be clearly desirable, together with the extent, if any, to which the Contractor will be responsible for the design of the permanent works. Details must be included of samples to be provided and tests to be carried out by the Contractor during the course of the Contract. Any limitations on the Contractor's freedom of choice in the order, timing or methods of executing the work or sections of the works must be clearly set out and any restrictions in his use of the site of the works, such as the provision of access or space for other contractors, must be given.

o assess accurately, in conjunction with t f work included in the Contract. Only et of drawings so fully detailed that the work cessary. On most contracts supplementary d estimated quantities of work to be executed ent form of contract, although that does not he Bill of Quantities provided that the scope of ined.

I a number of tenderers, that the tenders erms and conditions and presented in a

Drawings

The Drawings must be in sufficient detail to enable tenderers t he Specification and the Bill of Quantities, the nature and scope o rarely is it possible to provide, at tender stage, a complete s can be executed without any further drawings becoming ne drawings will be issued after award as work proceed.

Bill of Quantities

The Bill of Quantities is a list of items giving descriptions an under the Contract. The Red Book assumes a remeasurem preclude the inclusion of a number of lump sum items in t work to be covered by each lump sum item is adequately def The Tender

t is highly desirable when inviting competitive offers from received should be based as far as possible on equal t

standardized manner. In this way evaluations and comparison between the tenders received can be made more simply and accurately with less risk of misunderstandings errors and omissions.

The Tender is the most important single documenl submitted by the tenderer. It is here that each tenderer comfirms that he has read and understood the requirements of the Tender documents and based on such requirements it is here that be states his tender sum for undertaking and fulfilling all his obligations under the Contract, It is therefore essential for the Employer that all Tenders received are stated in identical terms and thus it is necessary for the Employer, when inviting Tenders, to provide tenderers with a standard form of tender which each tenderer is required to complete and sign.

The form of Tender which is included at the end of the first volume of the Red Book following Part I of the Conditions of Contract is recommended for this purpose. It is short, it is clear and when signed and submitted creates a legally binding and valid offer.

It is common for Tenders to be identified by a tender reference or contract number which should be added to link the Tender to the project in question.

The organisation to which the Tender is being submitted must be stated in the appropriate space on the form.

The sum to be entered under paragraph 1 of the Tender is the tenderer's total Tender stun, which should be the same as the total from the summary page of the Bill of Quantities. The amount shall be entered in words and in figures and in the event of a discrepancy between the two it is common practice in most countries that the written amount shall prevail over the amount expressed in figures.

The sum agreed may vary during the execution of the project depending on what circumstances occur, e.g. the instruction of variations, the occurrence of unforeseen events, which in accordance with the Conditions of Contract entitled the Contractor to additional (or reduced) payment.

Under paragraph 4 the Employer must state the time during which he requires the Tender to remain valid and open to acceptance. This time should be adequate to permit proper evaluation and award procedures to be completed.

In the event that the stated time proves Io be insufficient, the Employer may ask tenderers to extend the period of validity of their Tenders for a further named period. At the same time tenderers should be asked to extend the validity of any tender bond accordingly. Tenderers are free to extend or not, if so requested, and in the event that they choose not to do so, the Employer has no right to cash or hold their tender bond.

The Employer must also fill in, before the issue of the Tender documents, the necessary details in the list given in the Appendix to Tender, in accordance with the Notes at the foot of the Appendix. Instructions to Tenderers

Instructions to Tenderers must be prepared to meet he requirements of individual contracts. Their purpose is to convey information and instructions which apply during the tendering period. Any material on which it is intend to rely after award must be include elsewhere, e.g. in the Conditions of Contract or the Specification.

The following notes provide a guide to subjects to be covered, but they are not necessarily exhaustive.

1.General

Under this heading should be included brief details of the organization (Government, Ministry, Department, Authority, etc.) calling for Tenders, together with an outline of the project to be covered by the Contract.

Any stipulations regarding firms and persons qualified to tender, such as prior prequalification and/or requirements in the event of formation of joint ventures, should be stated, together with details of any special requirements to establish the validity of the Tender and the authority of the signatory, e.g. Power of Attorney.

Tenderers must be advised if the successful tenderer will be required to establish a locally registered company for the purpose of the Contract.

2.Documents

A list of documents issued to tenderers should be included together with instructions as to which of these documents must be completed by the tenderer and handed in the submission date.

If the Tender documents are not issued free of charge then the sum required for the original set and for any additional sets should be stated and whether payment is to be made in local or equivalent foreign currency. Tenderers should be advised as to how the extra sets of documents can be obtained and also of procedures to be followed for the return of the documents by unsuccessful tenderers.

https://www.sodocs.net/doc/b5189653.html,pletion and Submission of Tenders

Concise instructions as to the time, date and place for the submission of Tenders should be given.

It should also be made clear to tenderers that all entries and signature should be in indelible ink and that no erasures or additions are permitted other than those necessary to correct errors. All such corrections must be initialed.

It is normal to ask for more than one copy of the Tender, in which case tenderers should be instructed as to the manner in which the Tenders are to be packaged.

It is usual to stipulate that one set of documents should be clearly marked ‘Original Tender’ and other marked 'Copy', and that if there are discrepancies the Original Tender takes precedence. Photocopies of the Original Tender minimize the risk of discrepancies.

The tenderer should be told whether, if he has handed in his Tender before the formal submission date or has sent it by post, he has the right to withdraw, modify or correct it after dispatch. This would normally be permitted, provided that a request for modification etc., has been received by the Employer either in writing or by cable, telex or facsimile transmission before the time set for receiving Tenders. The Original Tender as amended would then be considered as the official offer.

4.Supplementary Information Required

Tenderers should be advised of any supplementary information to be submitted with the Tender documents, such as details of the proposed sureties for any performance security general terms of insurance (see Sub-Clause 25.1 of the Conditions of Contract) the constitution of the tenderer's organization together with the address to be used for the purpose of the Contract, a preliminary programme of work (the Instruction to Tenderers should give an indication of what is required) and a list of major items of Contractor's Equipment required for the purpose of executing the works.

A forecast of labour and staff, local and foreign, may be requested. Where a Tender sum has been requested on the basis that it is adjustable by reason of changes in the cost of labour, materials and transport, the tenderer should ,unless the particulars are given by the Employer in the Tender documents, be requested to indicate the formula or formulae which he wishes to use as the basis for adjusting the sum. If his formula is to be index based, officially, published indices should be used. These would normally be indices published in the country where the project is to be located. The tenderers should also provide the names of any subcontractors he proposes to employ, together with details of those part of the works proposed to be subcontracted.

It must also be made clear in the Instruction to Tenderers to what extent the supplementary information is required by the Employer purely to demonstrate that the tenderer has understood the extent and the nature of the work and the program required and to what extent. If at all the supplementary information is required as a part of the offer for inclusion in the Contract documents on award.

5. Amendments to Tender Documents

It is possible that explanations, revisions, additions or deletions to the documents issued to tenderers may be necessary during the tendering period. Tenderers should be told how these will be dealt with, the normal method being by formal addenda. If a tenderer is in doubt about the meaing of some item in the Tender documents, he should be advised to notify the Engineer not later than a given number of days (e.g. 42days) before the Tender submission date. The Engineer will then issue to all tenderers an explanation in the form of addendum. Each addendum should be accompanied by a receipt form which must be returned so that the Employer and the Engineer have confirmation that each tenderer has receipted all the necessary information. Failure to acknowledge receipt of an addendum may result in rejection of a Tender. The addenda become part of the Tender documents and the numbers issued should be inserted by tenderers in the space provided in paragraph 1 of the form of Tender.

Tenderers would normally be require to submit their offers strictly in accordance with the requirement of the Tender documents. If tenderers are permitted to offer an alternative Tender, any departure from the document issued to tenderers should be clearly identified and detailed. The option to submit alternative Tenders may make the evaluation process difficult.

6.Currency Requirements and Exchange Rates

Tenderers should be required to give notice to the Employer of the various currencies in which they may wish to be paid if the Contract is awarded to them. This information should be supplied as soon as possible after invitations to tender have been issued and not less than a given number of days (e.g. 42 days) before the tender submission date.

The Employer may wish to specify in the instructions to Tenderers that payments will be made only in the

currencies of the countries from which the goods and services are to be acquired.

The Tender documents should include a schedule in which tenderers record the sums in the various approved currencies that together constitute their total Tender sum. This schedule becomes a part of the Contract when awarded.

It is common practice to require tenderers to submit their Tenders in a single currency, usually of the country in which the Works are to be executed. If this is the case it is necessary to define the rates of exchange, which have been used to convert the various currencies, in which payment is required, into a single currency unit. As more than one tenderer may request part payment in one particular currency, it is preferable that the exchange rates to be used should be consistent and, therefore, that they should be defined by the Employer and notified by him, or the Engineer on his behalf, to each tenderer a reasonable time before the date of submission. In accordance with Sub-Clause 72.2 of the Conditions of Contract, these rates shall be stated in Part II or, if not so stated, shall be those prevailing, as determined by the Central Bank of the country in which the works are to be executed, on the date 28 days prior to the latest date for the submission of Tenders or as provided for in the Tender. The rates quoted are incorporated in the Contract when awarded.

In order to assist in forward budgeting it is useful to request tenderers to provide an estimate of the payments to be made by the Employer to the Contractor during the period of the Contract, preferably in quarterly periods.

The estimate of payments referred to above does not become a part of the Contract and should not be regarded as binding. The figures may have to be reviewed and adjusted as the work proceeds. Expenditure under Provisional Sums will affect the figures, and so also will changes in the source of supply of materials and modifications to the programme or variations of the Works.

7.Site Visits

It is customary to expect tenderers to visit the site of the project during the tender period. Details should be given of the date and arrangements for visiting when staff of the Employer and the Engineer will be on site to answer questions and when any exploratory work carried out will be available for inspection, e.g. borehole cores laid out and exploratory audits lit. A summary of all questions and answers thereto should be issued to all tenderers. Tenderers should not be restricted in their site visits and details of who to contact for further visits should be given.

8.Tender Bond

If a tender bond is required, a pro forma version of such bond should be included in the Tender documents. The amount of the bond should be stated and the currency or currencies required. In all cases the surety, or sureties must be satisfactory to the Employer. If a tender bond has been requested, any Tender that has not been so secured will be rejected unless otherwise indicated.

Tenderers should be advised that the bond will be released after a specified period, or earlier if one of the Tenders has, within the period, been accepted by the Employer and an acceptable performance security has been submitted by the successful tenderer. It should also be made clear what will happen to the tender bond if the tenderer who has been accepted fails to provide a performance security within a specified number, of days after being requested to do so. Usually the tender bond will be forfeited.

9.Bonus

If a bonus in relation to early completion is to be included in the Contract, tenderers should be reminded to state in the space provided in the Appendix to Tender what proportions of local and foreign currencies they wish to receive if they earn it.

10. Local Legislation'

If there are any local laws or decrees or any special arrangements which the Employer wishes the tenderers to note particularly, these should be listed in the Instructions to Tenderers. It should be made clear that the list is not comprehensive.

11.Examination of Tenders

Tenderers should be advised that the Employer or the Engineer on behalf of the Employer, may ask any tenderer for clarification of his Tender, but that no tenderer wiIl be permitted to alter his tender sum after Tenders have been opened, Clarifications that do not change the T ender sum may, if they are acceptable, be incorporated in the Contract.

It should be made clear that all Tenders must remain valid for a specified validity period and any extension thereto agreed to by the respective tenderer.

Tenderers should be advised if any factors other than the Tender sum, such as foreign currency proportions, are to be taken into account when evaluating Tenders.

12.Acceptance of Tender

The Employer will normally state that he does not bind himself to award the Contract to the tenderer submitting the lowest lender or to any tenderer.

Evaluation of Tenders

Tenders for mi0or and international contracts arc generally opened in public when the names of the tenderers are announced together with the Tender sum. No other details are given at that time. Thereafter the Tenders are checked and studied by the Engineer on behalf of the Employer.

One of the first tasks of the Engineer is to establish whether the Tenders are arithmetically correct, and if they are not, how to overcome any errors. Another task is to check that the Tenders are responsive, that all the required information has been provided and that everything is consistent with the terms of the Tender documents.

If errors, omissions or inconsistencies are apparent a meeting should be held with the lowest tenderer and possibly with one or two other tenderers, to clarify the position and to agree how to deal with the points in the event of an award. At such meetings, tenderers should not be permitted change the substance of their Tenders. If it does not prove possible to clarify and agree how differences are to be resolved, the particular Tender should be treated, as unresponsive and further consideration should be given lo that Tender.

Award of Contract

When the Engineer has completed the evaluation of tenders, and has obtained any necessary clarifications, he will make a recommendation to the Employer on the award of the Contract. If the Employer agree with the Engineer’ s recommendation and is in a Position to award the Contract immediately he will issue a Letter of Acceptance to the successful tenderer.

On occasions certain steps may still be necessary before the Employer can award the Contract, e.g. Government approval or ratification of a loan agreement. In such a case, the Employer may decide to issue to the potential Contractor a letter of intent. Such a letter should state the conditions that must be not before the award can be made. In most cases letters of intent are worded in such a way as to create no commitment on the part of the Employer and the potential Contractor carries out any preliminary work or incurs costs at his own risk. Sometimes a letter of intent gives instructions to the potential Contractor to take some action, such as to order materials and Plant or to carry out limited work. In this case, it is necessary for the letter of intent to be clear about how, and to what extent, the potential Contractor will be paid for what he does if, for any reason, the Contract is not ultimately entered into.

In most cases it is the Employ’s Letter of Acceptance which, together with the tenderer's Tender. will form a binding Contract between the two parties, valid from the date of issue of the Letter. If on account of errors, omissions or inconsistencies in the Tender, or for any other reason, any changes have been tentatively agreed at a meeting of clarification, the Employer's letter may constitute only a counter-offer and the Contract will only be binding on the date that the Contractor acknowledges and confirms, in writing, agreement to the terms of the Letter of Acceptance.

Contract Agreement

The Conditions of Contract Sub-Clause 9.1. make provision for the execution of a Contract Agreement between the parties which will record all the terms of the Contract between them. However, the execution of this document is not normally necessary to create a legal binding contract. Nevertheless, in some countries a Contract Agreement is a requirement of law to create a binding, Contract irrespective of the existence of a Tender and a Letter of Acceptance. In such cases, in particular, the Contract Agreement must be carefully prepared to comply the requirements of the relevant law.

An example form of Contract Agreement is included at the end of the first volume of the Red Book following Part 1 of the Conditions of Contract and may be used in the event that the Employer wishes to execute a formal agreement. In such event, it is important to ensure that tile exact wording of the Contract Agreement, including the documents listed as forming part thereof, properly records what has been agreed.

The parties must ensure that the signature and method of signature are in accordance with all the applicable laws.

Note: The FIDIC publication Tendering Procedure' mentioned at the beginning of this chapter, gives fuller details of all stages of tendering and should be studied by all those involved in such process.

The Parties to the Contract

The FIDIC Conditions of Contract are based on tile assumption that the Employer, the first party, who has decided to have certain works carried out for the implementation of a project, and is sponsoring the Works, has decided to select a suitably qualified Contractor, the second party, to execute the Works.

It is also assumed that the selection of the Contractor will have been made through competitive tendering based on tender documents prepared for the project by a Consulting Engineer. This process has been dealt with in the preceding section.

The FIDIC Conditions of Contract cannot apply without an Engineer being appointed by the Employer to administer the Contract. Usually this would be the Consulting Engineer who has designed the project and prepared the render documents. The Engineer is not a party to the Contract, but he plays an important rote in the development process of the Works. The duties that the Engineer has to perform are defined under the Contract and he must have the necessary delegated authority from the Employer if he is to be able to perform them. The delegation of this authority is usually to be found in the Agreement between the Employer and the Consulting Engineer.

FIDIC will soon publish an updated model form of such an agreement: Client /Consultant Model Services Contract (The “White Book”-formerly called IGRA). The Agreement will stipulate as the primary duty of the Engineer that he carefully observes the requirements of the Employer in the realization of the project. It is important to note, however, that the Conditions of Contract between the Employer and the Contractor stipulate that where, under the Contract, any of the Engineer’s duties are discretionary, the Engineer shall act fairly between the Employer and the Contractor and apply the Contract in an unbiased manner. The Conditions are based upon this fundamental principle and this requirement applies even if the Engineer is a member of the Employer’s staff. The Contractor will of course, have to assess whether or not he has confidence in the ability of an in-house Engineer to take independent decisions.

The Employer

As stated in the section dealing with the tendering process, the Employer notifies the successful tenderer that he has been awarded the Contract by issuing a Letter of Acceptance, which records any changes to the Tender documents as submitted by the Contractor, resulting from agreement between the Employer and the Contractor, and the Contract Price. The Employer consents to, or declines, requests by the Contractor to assign any portion of the Works, prepares the Contract Agreement (if any) for execution by both parties, approves the Performance Security and the insurers as well as the terms of the insurance policies submitted by the Contractor. The Employer will wish to ensure that the contract works insurance is in accordance with the laws and regulations of the country in which the Works are to be executed and that the policy adequately covers the Employer's Risks and the deductible limits are acceptable. Provided it is acceptable to the Employer, the Contractor will normally use his customary sources for the provision of securities and insurance.

The Employer makes the advance payment (is any) against a suitable guarantee from the Contractor and authorizes the Contractor to move on to the Site. During the period of the Contract the Employer makes payments to the Contractor as Certified by the Engineer to be due under the Contract.

The Employer takes over Sections of the Works as they reach substantial completion, if this is required under the Contract, and ultimately takes over the whole of the Works following the issue of Certificates by the Engineer. In the event of the Contractor becoming liable for liquidated damages, the Employer may deduct an amount in accordance with the Conditions of Contract.

The Employer may authorize work to be completed by others if the Contractor is in default. The Employer can terminate the contract in the event of the Contractor failing to perform or in certain other circumstances defined in, and subject to, the law governing to the Contract. Tile Employer, if he defaults, can also be subject to cancellation of the Contract by the Contractor or to suspension of work by the Contractor.

The Employer and the Engineer should maintain such contract with each other as will facilitate smooth and unhindered progress of the Works. The Employer should respond, without delay, on all matters for which the Engineer is required by the Contract to consult the Employer before issuing an instruction, determining an amount to be added to or deducted from the Contract Price or granting an extension of time.

The Contractor

The obligation of tile Contractor is to execute and complete the Works, for which he has submitted his Tender, within the time specified in the Contract. In addition he has an obligation to remedy any defects

which appear during the Defects, Liability Period..

As soon as is reasonably possible after receiving notification from the Engineer, the Contractor shall submit the securities, guarantees and insurance policies required by the Contract and shall commence the Works. He prepares the construction programme, provides all necessary materials. Contractor's Equipment. Temporary Works. management, superintendence and labor and selects the method of carrying out the Works. The Contractor is not responsible for the design and specification of the Permanent. Works unless expressly provided for in the Contract nor for any Temporary Works not designed by him.

The Contractor receives and complies with instructions from the Engineer acting on behalf of the Employer and is responsible for the care of tile Works throughout the construction period until the Works are officially taken over by tile Employer or are deemed to be taken over by the Employer. The Contractor is responsible for his own staff and work force and for taking out social and other insurances in respect of his personnel. He must comply with all applicable laws, by-laws and regulations and ensure that all those for whom he is responsible also comply.

Under normal circumstances the Contractor decisions all Temporary Works and submits his proposals, with supporting calculations, to the Engineer for comment. If, during the construction period, he encounters unforeseen physical obstructions or conditions on the Site he notifies the Engineer who issues relevant instructions. The Engineer will review the circumstances and after consultation with both parties will determine to what extent, if any, the Contractor may be reimbursed for additional costs or granted an extension of the Time for Completion.

In the event of default by the Employer the Contractor may Suspend progress of the Works or reduce the rate of work and claim an appropriate extension of time and/or additional payment.

Normally there will be one main or principal contractor who signs the Contract and has overall responsibility for the execution and completion of the project. There will usually be a number of Subcontractors working on the Site undertaking specialist contracting activities. The Subcontractors are responsible to the Contractor for material, workmanship, performance, and progress and the Contractor is responsible under the Contract for each Subcontractor’s work and behavior.

On occasions the Employer will wish to have a particular Subcontractor engaged because of his knowledge of that Subcontractor’s skills or because of his knowledge at*some process, materials or plant particularly required by the Employer. A Subcontractor selected in this way Is known as a nominated Subcontractor. Once he has been accepted by the main Contractor the latter is responsible f actor to the same extent as applies to the work of all other ortant that nominate liability not misused by the Employer. inated Subcontractor can cause many difficulties on Site.

he appointment of nominated Subcontractors are dealt with in ctor may, object to the nomination for good and sufficient ncial strength) and engagement against the wishes of the on the Site. There would have to be very exceptional reasons f I mber of contractors may form a joint venture to act as the ples apply as in the situation with only one Contractor. In the ould normally require that all the parties to the joint venture have ral contractors are operating on a single site under individual contracts, each he other contractors reasonable cooperation and opportunities for carrying out ns should be reflected in the terms of the contracts and in the respective programmes. arty to the Contract between the Employer and the Contractor but his terms of in an agreement between the Employer (Client) and the Engineer (Consultant). n in the form recommended by FIDIC which is entitled International General Rules of Agreement Between Client and Consultant (IGRA).An updated version of this model form of agreement is scheduled for publication in early 1990. The new IGRA will stipulate what authority is delegated to the Engineer by the Employer and should specifically state if any of the authority given to the Engineer under the FIDIC Conditions is subject to restriction.

The duties under the FIDIC Conditions which ate allocated to the Engineer include the issue of

In projects where seve contractor must give t their work and ti THE ENGINEER

The Engineer is not a p engagement are set out This agreement is ofte or the work of the nominated Subcontr Subcontractors. For this reason it is imp Failure to perform satisfactorily by a nom The particular conditions applying to t Clause 59 of the Conditions. The Contra reasons (e.g. lack of experience or fina Contractor will probably disturb harmony,or such a thing to happen.

n very large or complex projects a nu Contractor. In such cases the same princi case of a joint venture the Employer w joint and several liability.

information and instructions to the Contractor ad the work proceeds, commenting on the Contractor’s proposals for carrying out the work, ensuring that materials and workmanship are as specified, agreeing measurements of Work done and checking and issuing to the Employer interim and final payment certificates. In administration of the Contract all communications with the Contractor pass through the Engineer, thus avoiding possible confusion and misunderstanding although meetings between the Employer , the Contractor and the Engineer should be held regularly. The Engineer’s duties will normally he interests of efficient management and avoidance of duplication of effort. I Price from efficient contractors will be lower than would by the case if the hat when be was required to do additional work his remuneration for such a professional able to judge the value of such work.

I ishes to limit the authority of the Engineer this should be clearly staled in or is aware in advance of tendering the conditions under which he is required t ile Employer leaves the Engineer to determine matters affecting tile extent he time for their completion will depend to a large extent on the in-house Therefore, the Engineer should be selected having regard to his professional lfill his obligations under the Contract and to administer the Contract fairly s of both parties.

In the exercise of his duties the Engineer accepts the responsibilities attached to them. These responsibilities should be clearly defined in the Agreement between the Employer and the Engineer and should be made known to the Contractor.

As the' Works progress, the Engineer, will be required by the Contract to give instruction, give or refuse approval or consent, approve work, authorize payments, issue certificates, etc.

It should be understood by both parties to the Contract that in giving approval or consent and such other acts, which are the duty of the Engineer, his objective is to ensure that the Employer receives the Works at completion in accordance with the requirements of the Contract and that the Contractor is suitably rewarded for the work he carries, out.

The Engineer's duty is to interpret the Contract as written. In doing so he should endeavour to determine what the Contractor could have reasonably foreseen would have been required of him when preparing his tender.

It is important to realize, however, that neither the Employer nor the Contractor is finally bound by the Engineer's interpretation or determination even if it is given in the form of a decision under Clause 67. This Clause defines the steps to be taken where the Engineer’s decision thereunder is not acceptable to one or both parties. For further information see the commentary on Clause 67.

additional payment. This is in t t also ensures that the Tender Contractor did not feel sure t work would be evaluated by n the event the Employer w Part II so that the Contract o work. The degree to which t and cost of the Works and t capability of the Employer.integrity and his ability to fu and, impartially in the interest include instructions relating to management of the Contract and changes in the nature and extent of the work, the cost thereof and the time for completion. For example, the issue of instructions to proceed with or to suspend the progress of the Works is a matter of management. In order to maintain confidence discloses the procedures for the Engineer’s action in such matters and that the Engineer duly observes such procedures.

Many of the functions allocated to the Engineer involve financial matters. The certificates he issues for interim and final payments include all cost elements arising under the terms of the Contract other than those (if any) resulting from arbitration proceedings and the application of the liquidated damages clause.

Under normal circumstances the payments certified by the Engineer will lie within the Contract Price and will, therefore, have already been authorized by the Employer, but variations ordered under Clause 51,fluctuations in the price of labor, materials and freight under Clause 70, works done or materials and services supplied under Clause 58 and the settlement of the Contractor's request for additional payment under such Clauses as 12 and 53 could each result in an adjustment to tile Contract Price.

The FIDIC Conditions are based upon the principle that the Engineer has the authority to determine

Construction Contract Conditions

Part I General Conditions

4th edition, 1987

P The terms of the Fourth Edition of the Conditions of Contract for Works of Civil Engineering Construction have been prepared by the Federation Internationale des Ingenieurs Conseils (FIDIC) and are recommended for general use for the purpose of construction of such works where tenders are nor modifications, are also suitable for s the official and authentic text for the ere are numerous Clauses which will cessarily vary to take account of the l application have been grouped onditions. They have been printed in documents normally prepared.

ar Application, referred to as Part II, by I together comprise the Conditions ed special consideration must be given mple clauses are published with the ons of Contract for Works of Civil ation, with Guidelines for preparation FIDIC anticipates publishing shortly a new edition of its booklet “Notes on Documents for Civil Engineering Contracts”(1977 reprinted 1979) which will include comments on provisions of the Fourth Edition of Conditions. Users of the Fourth Edition may find it helpful to the new edition of the Notes. It may also be helpful for users to refer to other FIDIC publications, such as:

Tendering Procedure (First Edition 1982)

Construction, Insurance and Law (1986)

FIDIC gratefully acknowledges the suggestions and comments it has received during the preparation of this edition from European International Contractors (EIC) as mandatory of Confederation of International Contractors Associations (CICA) with participation of Associated General Contractors of America (AGC)

invited on an international basis. The Conditions, subject to mi use on domestic contracts.

The version in English of the Conditions is considered by FIDIC a purpose of translation.

In the preparation of the Conditions, it was recognized that while th be generally applicable, there are some Clauses which must ne circumstances and locally of the Works. The Clauses of genera together in this document and are referred to as Part I—General C a form which will facilitate their inclusion as printed in the contract The General Conditions are linked with the Conditions of Particul the corresponding numbering of the Clauses, so that Part I and I governing the rights and obligations of the parties.

Part II must be specially drafted to suit each individual Contract.

When dredging and certain types of reclamation work are involv to Part II.

To assist in the preparation of Part II explanatory material and exa Conditions in a separately bound document entitled “Conditi Engineering Constructions, Part II –Conditions of Particular Applic of Part II Clauses, Fourth Edition”.

ublished by FIDIC

FOREWORD

PART I-- GENERA Definitions and I Definitions 1.1 In the Cont expression where t a.(i) “Emp dit (expect n (except person.) “Subc c r he leg “Engin L CONDITIONS

nterpretation

ract (as hereinafter defined) the following words and

s shall have the meanings hereby assigned to them, except he contract otherwise requires:

loyer” means the person named as such in Part II of these

ions and the legal successors in title to such person, but not

with the consent of the Contract) any assignee of such person.

tractor” means the person whose tender has been accepted by mployer and the legal successors in title to such person, but not

with the consent of the Employer) any assignee of such

ontractor” means any person named in the Contract as a ontract for a part of the works or any person to whom a part of the

ks has been subcontracted with the consent of the engineer and

al successor in title to such person, but not any assignee of any

such person.

eer” means the person appointed by the Employer for the purposes of the Contract and named as such in Part II of these Conditions.

(v) Engineer’s Representative” means a person appointed form time to time by the Engineer under Sub-Clause 2.2.

(b)(i) “Contract” means these Conditions (Part I and II), the Specification,

the Drawing, the Bill of Quantities, the Tender, the letter of Acceptance,

the Contract Agreement (if completed) and such further documents as

may be expressly incorporated in the Letter of Agreement (if completed).

(ii) “Specifications” means the specifications of the work include in the Contract and any modification thereof or addition thereto made under

clause 51 or submitted by the contractor and approved by the engineer.

(iii) “Drawing” means all drawings, calculations and technical information of a like nature provided by the Engineer to the Contract under the

Contract and all drawings, calculations, samples, patterns, models, operation and maintenance manuals and other technical information of

a like nature submitted by the Contract and approved by the Engineer.

(iv)”Bill of Quantities” means the priced and completed bill of quantities forming part of the Tender.

(v) “Tender” means the Contractor’s priced offer to the Employer of execution and completion of the Works and the remedying of any defects therein in accordance with the provisions of the Contract, as

accepted by the Letter of Acceptance.

(vi) “Letter of Acceptance” means the formal acceptance by the employer of the Tender.

(vii) “Contract Agreement” means the contract agreement (if any) referred to in Sub-Clause 9.1.

(viii) “Appendix to Tender” means the appendix comprised in the form of Tender annexed to these Conditions.

(c)(i) “Commencement Date” means the date upon which the Contractor

receives the notice to commence by the Engineer pursuant to Clause41.

(ⅱ).”Time for Completion” means the time for completing the execution Con (ii) “Co the E (iii Sub Wo t (iv)

Construction Contract Management 11

of and passing the Tests on Completion of the Works or any Section or part thereof as stated in the Contract (or as extended under Clause 44) calculated from the Commencement Date.

(d)(ⅰ).”Tests on Completion” means the tests specified in the Contract or

otherwise agreed by the Engineer and the Contractor which are to be made by the Contractor before the Works or any Section or part thereof are taken over by the Employer.

(ⅱ).”Taking-Over Certificate” means a certificate issued pursuant to Clause 48.

(e)(ⅰ).”Contract Price” means the sum stated in the Letter of Acceptance

as payable to the Contractor for the execution and completion of the Works and the remedying of any defects therein in accordance with the provision of the Contract.

(ⅱ).”Retention Money” means the aggregate of all monies retained by the Employer pursuant Sub-Clause 60.2(a).

(f)(ⅰ).”Works” means the Permanent Works and the Temporary Works or

either of them as appropriate.

(ⅱ).”Permanent Works” means the permanent works to be executed (including Plant) in accordance with the Contract.

(ⅲ).”Temporary Works” means all temporary works of every kind (other than Contractor’s Equipment) required in or about the execution and completion of the Works and the remedying of any defects therein. (ⅳ).”Plant” means machinery, apparatus and the like intended to form or forming part of the Permanent Works.

(ⅴ).”Contractor’s Equipment” means all appliances and things of whatsoever nature (other than Temporary Works) required for the execution and completion of the Works and the remedying of any defects therein, but does not include Plant, materials or other things intended to form or forming part of the Permanent Works.

(ⅵ).’Section’ means a part of the Works specifically identified in the Contract as a Section.

(ⅶ).”Site” means the places provided by the Employer where the Works are to be executed and any other places as may be specifically designated in the Contract as forming part of the Site.

(g)(ⅰ).”Cost” means all expenditure properly incurred or to be incurred,

whether on or off the Site, including overhead and other charges properly allocable thereto but does not include any allowance for profit. (ⅱ).”Day” means calendar day.

(ⅲ).”Foreign currency” means a currency of a country other than that in which the Works are to be located.

(ⅳ).”Writing” means any hand-written, type-written, or printed communication, including telex, cable and facsimile transmission.

Headings and Marginal Notes 1.2 The headings and marginal notes in these Conditions shall not be deemed

part thereof or be taken into consideration in the interpretation or construction thereof or of the Contract.

Interpretation 1.3 Words importing persons or parties shall include firms and corporations

and any organization having legal capacity .

Singular and Plural 1.4 Words importing the singular only also include the plural and vice versa

where the context requires.

Notices, Consents, Approvals, Certificates 1.5 Wherever in the Contract provision is made for the giving or issue of any

notice, consent, approval, certificate or determination by any person, unless otherwise specified such notice, consent, approval, certificate or determination shall be in writing and the words “notify”, ”certify”

and Determinations or ”determine” shall be construed accordingly. Any such consent, approval, certificate or determination shall not unreasonably be withheld or delayed.

Construction Contract Management 12 Engineer and Engineer’s Representative

Engineer’s Duties and Authority 2.1 (a)The Engineer shall carry out the duties specified in the Contract.

(b)The Engineer may exercise the authority specified in or necessarily to

be implied form the Contract, provided, however, that if the Engineer is

required, under the terms of his appointment by the Employer, to obtain

the specific approval of the Employer before exercising any such

authority, particulars of such requirements shall be set out in Part 2 of

these Conditions. Provided further that any requisite approval shall be

deemed to have been given by the Employer for any such authority

exercised by the Engineer.

(c)Except as expressly stated in the Contract, the Engineer shall have no

authority to relieve the Contractor of any of his obligations under the

Contract.

Engineer’s Representative 2.2 The Engineer’s Representative shall be appointed by and be responsible to

the Engineer and shall carry out such duties and exercise such authority as may be delegated to him by the Engineer under Sub-Clause 2.3

Engineer’s Authority to Delegate 2.3 The Engineer may from time to time delegate to the Engineer’s

Representative any of the duties and authorities vested in the Engineer and he may at any time revoke such delegation. Any such delegation or revocation shall be in writing and shall not take effect until a copy thereof has been delivered to the Employer and the Contractor.

Any communication given by the Engineer’s Representative to the Contractor in accordance with such delegation shall have the same effect as though it had been given by the Engineer. Provided that:

(a) any failure of the Engineer’s Representative to disapprove any work,

materials or Plant shall not prejudice the authority of the Engineer to

disapprove such work, materials or Plant and to give instructions for the

rectification thereof;

(b) if the Contractor questions any communication of the Engineer’s

Representative he may refer the matter to the Engineer who shall

confirm, reverse or vary the contents of such communication.

Appointment of Assistants 2.4 The Engineer or the Engineer’s Representative may appoint any number of

persons to assist the Engineer’s Representative in the carrying out of his duties under Sub-Clause 2.2.He shall notify to the Contractor the names, duties and scope of authority of such persons. Such assistants shall have no authority to issue any instructions to the Contractor save（unless） in so far as such instructions may be necessary to enable them to carry out their duties and to secure their acceptance of materials, Plant or workmanship as being in accordance with the Contract, and any instructions given by any of them for those purpose shall be deemed to have been given by the Engineer’s Representative.

Instructions in Writing 2.5 Instructions given by the Engineer shall be in writing, provided that if for

any reason the Engineer considers t necessary to give any such instruction orally, the Contractor shall comply with such

instruction. Confirmation in writing of such oral instruction given by the Engineer, whether before or after the carrying out of the instruction, shall be deemed to be an instruction within the meaning of this Sub-Clause.

Provided further that if the Contractor, within 7 days, confirms in writing

to the Engineer any oral instruction of the Engineer and such confirmation is not contradicted in writing within 7 days by the Engineer, it shall be deemed to be an instruction of the Engineer.

The provisions of Sub-Clause shall equally apply to instructions given by the Engineer’s Representative and any assistants of the Engineer or the

Engineer’s Representative appointed pursuant to Sub-clause 2.4

Construction Contract Management 13

Engineer to Act Impartially

2.6 Wherever, under the Contract, the Engineer is required to exercise his

discretion by:

(a) giving his decision, opinion or consent, or

(b) expressing his satisfaction or approval, or

(c) determining value, or

(d) otherwise taking action which may affect the rights and obligations of

the Employer or Contractor

he shall excise such discretion impartially within the terms of the Contract

and having regard to all the circumstances. Any such decision, opinion,

consent, expression of satisfaction, or approval, determination of value or

action may be opened up, reviewed or revised as provided in Clause 67. Assignment and Subcontracting

Assignment of Contract 3.1 The Contractor shall not, without the prior consent of the Employer (which

consent, notwithstanding（尽管）the provisions of Sub-Clause 1.5, shall be at the sole discretion of the Employer), assign（转让）the Contractor any part thereof, or any benefit or interest therein or thereunder, otherwise than by:

(a) a charge in favour of the Contractor’s bankers of any monies due or to

become due under the Contract, or

(b) assignment to the Contractor’s insurers (in cases where the insurers

have discharged the Contractor’s loss or liability) of the Contractor’s

right to obtain relief against any other party liable.

Subcontracting 4.1 The Contractor shall not subcontract the whole of the Work. Except where

otherwise provided by the Contract, the Contractor shall not subcontract

any part of the Works without the prior consent of the Engineer. Any such

consent shall not relieve the Contractor from any liability or obligation under

the Contract and he shall be responsible for the acts, defaults and neglects

of any Subcontractor, his agents, servants or workmen as fully as if they

were the acts, defaults or neglects of the Contractor, his agents, servants or

workmen.

Provided that the Contractor shall not be required to obtain such consent

for:

(a) the provision of labour, or

(b) the purchase of materials which are in accordance with the standards

specified in Contract, or

(c) the subcontracting of any part of the Works for which the

Subcontractor is named in the Contract.

Assignment of Subcontractors’ Obligation

4.2 In the events of a Subcontractor having undertaken towards the Contract in

respect of the work executed, or the goods, materials, Plan or services

supplied by such Subcontractor, any continuing obligation extending for a

period exceeding that of the Defect Liability Period under the Contract, the

Contractor shall at any time, after the expiration of such Period, assign to

the Employer, at the Employer’s request and cost, the benefit of such

obligation thereof.

Contract Documents

Languages and Law 5.1 There is stated in Part II of these Condition:

(a) the language or languages in which the Contract documents shall be

drawn up, and

(b) the country or state the law of which shall apply to the Contract and

according to which the Contract shall be constructed.

If the said documents are written in more than one language, the language

Construction Contract Management 14 according to which the Contract shall be constructed and interpreted is also stated in Part II of these Condition, being therein designated the “Ruling Language”.

Priority of Contract Documents 5.2 The several documents forming the Contract are to be taken as mutually

explanatory of one another(each other), but in case of ambiguities or discrepancies the same shall be explained and adjusted by the Engineer who shall thereupon issue to the Contract instruction thereon and in such event, unless otherwise provided in the Contract, the priority of the document forming the Contract shall be as follows:

(1) The Contract Agreement (if completed);

(2) The Letter of Acceptance;

(3) The Tender;

(4) Part II of these Condition;

(5) Part I of these Condition; and

(6) Any other document forming part of Contract.

Custody and Supply of Drawings and Document 6.1 The Drawings shall remain in the sole custody of the Engineer, but two

copies thereof shall be provided to the Contractor free of charge. The Contractor shall make at his own cost any further copies required by him.

Unless it is strictly necessary for the purposes of the Contract, the Drawings, Specification and other documents provided by the Employer or the Engineer shall not, without the consent of the Engineer, be used or communicated to a third party by the Contractor. Upon issue of the Defects Liability Certificate, the Contractor shall return to the Engineer all Drawings, Specification and other documents provided under the Contract.

The Contractor shall supply to the Engineer four copies of all Drawings, Specification and other documents submitted by the Contractor and approval by the Engineer in accordance with Clause 7, together with a reproducible copy of any material which cannot be reproduced to an equal standard by photocopying. In addition the Contractor shall supply such further copies of such Drawings, Specification and other documents as the Engineer may request in writing for the use of the Employer, who shall pay the cost thereof.

One Copy of Drawing to be Kept on Site 6.2 One copy of the Drawing, provided to or supplied by the Contractor as

aforesaid, shall be kept by the Contractor on the Site and the same shall at all reasonable times be available for inspection and use by the Engineer and by any other person authorized by the Engineer in writing.

Disruption of Progress 6.3 The Contractor shall give notice to the Engineer, with a copy to the

Employer, whenever planning or executing of the Works is likely to be delayed or disrupted unless any further drawing or instruction is issue by Engineer within a reasonable time. The notice shall include details of drawing or instruction required and of why and by when it is required and of any delay or disruption likely to be suffered if it is late.

Delays and Cost of Delay of Drawing 6.4 If, by reason of any failure or inability of the Engineer to issue, within a time

reasonable in all the circumstances, any drawing or instruction for which notice has been given by the Contractor in accordance with Sub-clause

6.3, the Contractor suffers delay and/or incurs costs then the Engineer

shall, after due consultation with the Employer and the Contractor, determine:

(a)any extension of time to which the Contractor is entitled under Clause

44, and

(b)the amount of such costs, which shall be added to the Contract Price,

and shall notify the Contractor accordingly, with a copy to the Employer.

Failure by Contractor to 6.5 If the failure or inability of the Engineer to issue any drawings or

instructions is caused in whole or in part by the failure of the Contractor to

Submit Drawings submit Drawings Specifications or other documents which he is required to submit under the Contract, the Engineers shall take such failure by the Contractor into account when making his determination pursuant to

Construction Contract Management 15 Sub-Clause6.4

Supplementary (附加的) Drawings and Instructions 7.1 The Engineer shall have authority to issue to the Contractor, from time to

time, such supplementary Drawings and instructions as shall be necessary for the purpose of the proper and adequate execution and completion of the Works and the remedying of any defects therein. The Contractor shall carry out and be bound by the same.

Permanent Works Designed by Contractor 7.2 Where the Contract expressly provides that part of the Permanent Works

shall be designed by the Contractor, he shall submit to the Engineer, for approval:

(a)such drawings, specifications, calculations and other information as

shall be necessary to satisfy the Engineer as to the suitability and

adequacy of that design and

(b)operation and maintenance manuals together with drawings of the

Permanent Works as completed, in sufficient detail to enable the

Employer to operate, maintain, dismantle, reassemble and adjust the

Permanent Works incorporating that design. The Works shall not be

considered to be completed for the purposes of taking over in

accordance with Clause 48 until such operation and maintenance

manuals, together with drawings on completion, have been submitted to

and approved by the Engineer.

Responsibility Unaffected by Approval

7.3 Approval by the Engineer. In accordance with Sub-Clause 7.2, shall not

relieve the Contractor of any of his responsibilities under the Contract. General Obligations

Contractor’s General Responsibilities 8.1 The Contractor shall, with due care and diligence, design(to the extent

provided for by the Contract),execute and complete and complete the Works and remedy any defects therein in accordance with the provisions of the Contract. The Contractor shall provide all superintendence, lab our, materials, Plant, Contractor’s Equipment and all other things, whether of a temporary or permanent nature, required in and for such design, execution, completion and remedying of any defects, so far as the necessity for providing the same is specified in or is reasonably to be inferred from the Contract

Site Operations

And Methods of

Construction 8.2 The Contractor shall take full responsibility for the adequacy, stability and

safety of all Site operations and methods of construction, Provided that the Contractor shall mot be responsible(except as stated hereunder or as may be otherwise agreed)for the design or specification of Permanent Works, or for the design or specification of any Temporary Works not prepared by the Contractor. Where the Contractor expressly Works not prepared by the Contractor. Works shall be designed by the Contractor, he shall be fully responsible for that part of such Works, notwithstanding any approval by the Engineer.

Contract Agreement 9.1 The Contractor shall, if called upon so to do, enter into and execute the

Contract Agreement, to be prepared and completed at the cost of the Employer, in the form annexed to these Conditions with such modification as, nay be necessary.

Performance Security 10.1If the Contract requires the Contractor to obtain security for his proper

performance of the Contract, he shall obtain and provide to the Employer such security within 28 days after the receipt of the Letter of Acceptance, in the sum stated in the Appendix to Tender. When providing such security to the Employer, the Contractor shall notify the Engineer of so doing. Such security shall be in the form annexed to Employer and the Contractor. The institution providing such security shall be subject to the approval of the Employer. The institution providing such security shall be subject to the approval of the Employer. The cost of complying with the requirements of

Construction Contract Management 16 this Clause shall be borne by the Contractor, unless the Contract otherwise provides.

Period of Validity of Performance 10.2The performance security shall be valid until the Contractor has executed

and completed the Works and remedied any defects therein in accordance with the Contract. No claim shall be made against such security after the issue of the Defect Liability Certificated in accordance with Sub-Clause

62.1 and such security shall be returned to the Contractor within l4 days of

the issue of the said Defects Liability Certificate.

Claims under Performance Security 10.3Prior to making a claim under the Performance security the Employer shall,

in every case, notify the Contractor stating the nature of the default in respect of which the claim is to be made.

Inspection of Site 11 .1The Employer shall have made available to the Contractor, before the

submission by the Contractor of the Tender, such data on hydrological and

sub-surface conditions as have been obtained by or on behalf of the Employer from investigations undertaken relevant to the Works but the Contractor shall be responsible for his own interpretation thereof.

The Contractor shall be deemed to have inspected and examined the Site

and its surroundings and information available in connection therewith and

to have satisfied himself (so far as is practicable, having regard to considerations of cost and time) before submitting his Tender, as to:

(a) the form and nature thereof, including the sub-surface conditions,

(b) the hydrological and climatic conditions,

(c) the extent and nature of work and materials necessary for the execution

and completion of the Works and the remedying of any defects therein, and

(d) the means of access to the Site and the accommodation he may require

and, in general, shall be deemed to have obtained all necessary information subject as above mentioned, as to risks, contingencies and all

other circumstances which may influence or affect his Tender.

The Contractor shall be deemed to have based his Tender on the data made available by the Employer and on his own inspection and examination, all as aforementioned.

Sufficiency of Tender 12.1The Contractor shall be deemed to have satisfied I1imselfas to the

correctness and sufficiency of the Tender and of the rates and prices stated in the Bill of Quantities, all of which shall, except insofar as it is otherwise provided in the Contract, cover all his obligations under the Contract (including those in respect of the supply of goods, materials, Plant or services or of contingencies for which there is a Provisional Sum) and all matters and things necessary for the proper execution and completion of the Works and the remedying of any defects therein.

Adverse Physical Obstructions or Conditions 12.2lf, however, during the execution of the Works the Contractor encounters

physical obstructions or physical conditions, other than climatic conditions on the Site, which obstructions or conditions were, in his opinion, not foreseeable by an experienced contractor, the Contractor shall forthwith give notice thereof to the Engineer, with a copy to the Employer. On receipt of such notice, the Engineer shall, if in his opinion such obstructions or conditions could not have been reasonably foreseen by an experienced contractor, after due consultation with the Employer and the Contractor, determine:

(a) any extension of time to which the Contractor is entitled under Clause

44, and

(b) the amount of any costs which may have been incurred by the

Contractor by reason of such obstructions or conditions having been

encountered, which shall be added to the Contract Price,

and shall notify the Contractor accordingly, with a copy to the Employer.

(c) Ionizing radiations, or contamination by radio-activity from any nuclear

Construction Contract Management 17 fuel, or from any nuclear waste from the combustion of nuclear fuel,

radio-activity toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.

(d) Pressure waves caused by aircraft or other aerial devices traveling at sonic or supersonic speeds,

(e) Riot, commotion or disorder, unless solely restricted to employees of the Contractor or of his Subcontractors and arising from the conduct of the Works,

(f) Loss or damage due to the use or occupation by the Employer of any Section or part of the Permanent Works, except as may be provided for in the Contract,

(g) Loss or damage to the extent that it is due to the design of the Works, other than any part of the design provided by the Contractor or for which the Contractor is responsible.

(h) Any operation of the forces of nature against which an experienced contractor could not reasonably have been expected to take precautions. Such determination shall take account of any instruction which the Engineer may issue to the Contractor in connection therewith, and any proper and reasonable measures acceptable to the Engineer which the Contractor may take in the absence of specific instructions from the Engineer.

Work to be in Accordance with Contract 13.1Unless it is legally or physically impossible, the Contractor shall execute

and complete the Works and remedy any defects therein in strict accordance with the Contract to the satisfaction of the Engineer. The Contractor shall comply with and adhere strictly to the Engineer's instructions on any matter, whether mentioned in the Contract or not, touching or concerning the Works. The Contractor shall take instructions only from the Engineer or, subject to the provisions of Clause 2, from the Engineer's Representative.

Programme to be Submitted 14.1The Contractor shall, within the time stated in Part II of these Conditions

after the date of the Letter of Acceptance, submit to the Engineer for his consent a programme, in such form and detail as the Engineer shall reasonably prescribe, for the execution of the Works. The Contractor shall, whenever required by the Engineer, also provide in writing for his information a general description of the arrangements and methods which the Contractor proposes to adopt for the execution of the Works.

Revised Programme 14.2If at any time it should appear to the Engineer that the actual progress of

the Works does not conform to the programme to which consent has been given under Sub-Clause 14.l, the Contractor shall produce, at the request of the Engineer, a revised programme showing the modifications to such programme necessary to ensure completion of the Works within the Time for Completion.

Cash Flow Estimate to be Submitted 14.3The Contractor shall, within the time stated in Part II of these Conditions

after the date of the Letter of Acceptance, provide to the Engineer for his information a detailed cash flow estimate, in quarterly periods, of all payments to which the Contractor will be entitled under the Contract and the Contractor shall subsequently supply revised cash flow estimates at quarterly intervals, if required to do so by the Engineer.

Contractor not Relieved of Duties or Responsibilities 14.4The submission to and consent by the Engineer of such programmes or the

provision of such general descriptions or cash flow estimates shall not relieve the Contractor of any of his duties or responsibilities under the Contract.

Contractor's 15.1The Contractor shall provide all necessary superintendence during the Superintendence execution of the works and as long thereafter as the Engineer may

consider necessary for the proper fulfilling of the Contractor's obligations

under the Contract. The Contractor, or a competent and authorised

Construction Contract Management 18 representative approved of by the Engineer, which approval may at any time be withdrawn, shall give his whole time to the superintendence of the Works. Such authorised representative shall receive on behalf of the Contractor, instructions from the Engineer or, subject to the provisions of Clause 2, the Engineer's Representative.

lf approval of the representative is withdrawn by the Engineer, the Contractor shall, as soon as is practicable, having regard to the requirement of replacing him as hereinafter mentioned, after receiving notice of such withdrawal, remove the representative from the Works and shall not thereafter employ him again on the Works in any capacity and shall replace him by another representative approved by the Engineer.

Contractor’s Employee 16.1The Contractor shall provide on the Site in connection with the execution

and comp1etion of the works and the remedying of any defects therein

(a) only such technical assistants as are skilled and experienced in their

respective callings and such foremen and leading hands as are

competent to give proper superintendence of the Works, and

(b) such skilled, semi-skilled and unskilled labour as is necessary for the

proper and timely fulfilling of the Contractor's obligations under the

Contract.

Engineer at Liberty to Object 16.2The Engineer shall be at liberty to object to and require the Contractor to

remove forthwith from the Works any person provided by the Contractor who, in the opinion of the Engineer, misconducts himself, or is incompetent or negligent in the proper performance of his duties, or whose presence on Site is otherwise considered by the Engineer to be undesirable, and such person shall not be again allowed upon the Works without the consent of the Engineer. Any person so removed from the Works shall be replaced as soon as possible,

Setting-out 17.1The Contractor shall be responsible for:.

(a) The accurate setting-out of the Works in relation to original points, lines

and levels of reference given by the Engineer in writing,

(b) the correctness, subject as above mentioned, of the position, levels,

dimensions and alignment of all parts or the Works, and

(c) the provision of all necessary instruments, appliances and Iabour in

connection with the foregoing responsibilities.

lf, at any time during the execution of the Works, any error appears in the

position, levels, dimensions or alignment of any part of the Works, the

Contractor, on being required so to do by the Engineer. shall, at his own

cost, rectify such error to the satisfaction of the Engineer. unless such error

is based on incorrect data supplied in writing by the Engineer, in which

case the Engineer shall determine an addition to the Contract Price in

accordance with Clause 52, and shall notify the Contractor accordingly.

with a copy to the Employer.

The checking of any setting-out or of any line or level by the Engineer shall

not in any way relieve the Contractor of his responsibility for the accuracy

thereof and the Contractor shall carefully project and preserve all

bench-marks, sight-rails, pegs and other things used in setting-out the

Works.

Boreholes and Exploratory Excavation 18.1If, at any time during the execution of the works, the Engineer requires the

Exploratory Contractor to make boreholes or to carry out exploratory excavation, such requirement shall be the subject of an instruction in accordance with Clause 5l, unless an item or a Provisional Sum in respect of such work is included in the Bill of Quantities.

Safety, Security and Protection 19.1The Contractor shall, throughout the execution and completion of the

Works and the remedying of any defects therein:

of the Environment (a) have full regard for the safety of all persons entitled to be upon the Site

and keep the Site (so far as the same is under his control) and the

Construction Contract Management 19 works (so far as the same are not completed or occupied by the Employer) in an orderly state appropriate to the avoidance of danger to such persons. and

(b) provide and maintain at his own cost all lights, guards, fencing. warning

signs and watching. when and where necessary or required by the Engineer or by any duly constituted authority, for the protection of the Works or for the safety and convenience of the public or others. and (c) take all reasonable steps to protect the environment on and off the Site

and to avoid damage or nuisance to persons or to property of the public or others resulting from pollution, noise or other causes arising as a consequence of his methods of operation.

Employer's Responsibility. 19.2If under Clause 31 the Employer shall carry out work on the Site with his

own workman he shall, in respect of such work:

(a) have full regard to the safety of all persons entitled to be upon the Site,

and

(b) keep the Site in an orderly state appropriate to the avoidance of danger

to such persons.

If under Clause 3l the. Employer shall employ other contractors on the Site he shall require them to have the same regard for safety and avoidance of danger.

Care of Works 20.1The Contractor shall take full responsibility for the care of the Works and

materials and Plant for incorporation therein from the Commencement

Date until the date of issue of the Taking-Over Certificate for the whole of

the Works, when the responsibility for the said care Shall pass to the

Employer. Provided that:

(a) if the Engineer issues a Taking-Over Certificate for any Section or part

of the Permanent Works the Contractor shall cease to be liable for the

care of that Section or part from the date of issue of the Taking-Over

Certificate, when the responsibility for the care of that Section or part

shall pass to the Employer, and

(b) The Contractor shall take full responsibility for the care of any

outstanding Works and material and Plant for incorporation therein

which he undertakes to finish during the Defects Liability Period until

such outstanding Works have been completed pursuant to Clause 49.

Responsibility to Rectify Loss or Damage 20.2If any loss or damage happens to the Works, or any part thereof, or

materials or Plant for incorporation therein, during the period for which the Contractor is responsible for the care thereof, from any cause whatsoever, other than the risks defined in Sub-Clause 20.4,the Contractor shall, at his own cost, rectify such loss or damage so that the Permanent Works conform in every respect with the provisions of the Contract to the satisfaction of the Engineer. The Contractor shall also be liable for any loss or damage to the Works occasioned by him in the course of any operations carried out by him for the purpose of complying with his obligations under Clauses 49 and 50.

Loss or Damage Due to Employer’s Risks 20.3In the event of any such loss or damage happening from any of-the risks

defined in Sub-Clause 20.4, or in combination with other risks, the Contractor shall, if and to the extent required by the Engineer, rectify the loss or damage and the Engineer shall determine an addition to the Contract Price in accordance with Clause 52 and shall notify the Contract

or accordingly, with a copy to the Employer. In the case of a combination of risks causing loss or damage any such determination shall take into account the proportional responsibility of the Contractor and the Employer.

Employer’s Risks 20.4The Employer’s risks are:

(a) War, hostilities (whether war be declared or not), invasion, act of foreign

enemies,

(b) Rebellion, revolution, insurrection, or military or usurped power, or civil

war,

Construction Contract Management 20

Insurance of Works and Contractor’s Equipment 21.1The Contractor shall, without limiting his or the Employer’s obligations and

responsibilities under Clause 20, insure:

(a) The Works, together with materials and Plant for incorporation therein,

to the full replacement cost.

(b) An additional sum of 15 per cent of such replacement cost, or as may

be specified in Part Tow of these Conditions, to cover any additional costs of and incidental to the rectification of loss or damage including professional fees and the cost of demolishing and removing any part of the

Works and Works and of removing debris of whatsoever nature.

(c) The Contractor’s Equipment and other thing brought onto the Site by

the Contractor, for a sum sufficient to provide for their replacement at the Site.

Scope of Cover 21.2The insurance in paragraphs (a) and (b) of Sub-Clause 21.1 shall be in the

joint names of the Contractor and the Employer and shall cover:

(a) The Employer and the Contractor against all loss or damage from

whatsoever cause arising, other than as provided in Sub-Clause 21.4, from

the start of work at the Site until the data of issue of the relevant

Taking-Over Certificate in respect of the Works or any Section or part

thereof as the case may be, and

(b) The Contractor for his liability:

(i) During the Defects Liability Period for loss or damage arising from a

cause occurring prior to the commencement of the Defects Liability

Period, and

(ii) For loss or damage occasioned by the Contractor in the course of any

operations carried out by him for the purpose of complying with his

obligations under Clauses 49 and 50.

Responsibility for Amounts not Recovered 21.3Any amounts not insured or not recovered from the insurers shall be borne

by the Employer or the Contractor in accordance with their responsibilities under Clause 20.

Exclusions 21.4There shall be no obligation for the insurances in Sub-Clause 21.1 to

include loss or damage caused by

(a) War, hostilities (whether war be declared or not), invasion, act of foreign

enemies,

(b) Rebellion, revolution, insurrection, or military or usurped power, or civil

war,

(c) Ionizing radiations, or contamination by radio-activity from any nuclear

fuel, or from any nuclear waste from the combustion of nuclear fuel,

radio-activity toxic explosive, or other hazardous properties of any

explosive nuclear assembly or nuclear component thereof.

(d) Pressure waves caused by aircraft or other aerial devices traveling at

sonic or supersonic speeds.

Damage to Persons and Property 22.1The Contractor shall, except if and so far as the Contract provides

otherwise, indemnify the Employer against all losses and claims in respect of:

(a) Death of or injury to any person, or

(b) Loss of or damage to any property (other than the Works)

Which may arise out of or in consequence of the execution and completion of the Works and the remedying of any defects therein, and against all claims, proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto, subject to the exceptions defined in Sub-Clause 22.2

Exceptions 22.2The “exceptions” referred to in Sub-Clause 22.1 are:

(a) The permanent use or occupation of land by the Works, or any part

thereof,

(b) The right of the Employer to execute the Works, or any part thereof, on,

over, under, in or through any land,

重庆市家庭居室装饰装修工程施工合同样本(2020版)

重庆市家庭居室装饰装修 工程施工合同（2020 版） In accordance with the relevant provisions and clear responsibilities and obligations of both parties, the following terms are reached on the principle of voluntariness, equality and mutual benefit. 甲方：__________________ 乙方：__________________ 签订日期：__________________ 本合同书下载后可随意修改

合同编号：YH-FS-777179 重庆市家庭居室装饰装修工程施工合同 （2020版） 说明：本服务合同书根据有关规定，及明确双方责任与义务，同时对当事人进行法律约束，本着自愿及平等互利的原则达成以下条款。文档格式为docx可任意编辑使用时请仔细阅读。 工程名称：_____________ 发包方（甲方）：__________ 承包方（乙方）：__________ 合同编号：_____________ 签定日期：_____________ 重庆市工商行政管理局 重庆市建设委员会 使用说明 1. 本合同文本适用于本市行政区域内的住宅装饰装修工程。 2. 开工：双方通过设计方案、首期工程款到位、工程技术交底等前期工作完成后，材料、施工人员到达施工现场开始运作视为开工。 3. 竣工：合同约定的工程内容全部完成，经承

包方、监理单位、发包方验收合格视为竣工。 4. 工期顺延：指非因乙方的责任导致工程进度受到影响后，工程期限予以相应延展。在工期顺延的情况下，乙方不承担违约责任。 5. 监理：指专业化的家庭装修监理单位接受业主（装修户）的委托或授权，根据国家有关法律、法规的规定，按照家庭装修监理合同以及相关家装合同，协助业主对家庭居室装饰装修工程施工进行监督管理。 重庆市家庭居室装饰装修工程施工合同 发包方（以下简称甲方）：____________________ 委托代理人（或甲方代表）：__________________ 身份证号码：__________________ 联系地址：____________________ 联系电话：____________________ 承包方（以下简称乙方）：____________________ 营业执照号：__________________ 建筑业企业资质证书号：

重庆市住宅装饰装修工程施工合同范本

编号：_____________重庆市住宅装饰装修工程施工合同 甲方：___________________________ 乙方：___________________________ 签订日期：_______年______月______日

发包方（以下简称甲方）： 委托代理人（或甲方代表）： 身份证号码： 联系地址： 联系电话： 承包方（以下简称乙方）： 身份证号码： 联系地址： 联系电话： 工程设计人：联系电话： 施工负责人：联系电话： 依照《中华人民共和国合同法》、《住宅室内装饰装修管理办法》及其他有关法律、法规的规定，甲、乙双方在平等、自愿的基础上协商一致，达成如下协议： 一、工程概况 （一）工程地点： （二）工程户型： （三）工程套内施工面积： （四）工程承包方式，采取下列第种方式： 1、乙方包工、包全部材料（见附表三）。 2、乙方包工、包部分材料，甲方提供其余材料（见附表二和三）。 3、乙方包工、甲方提供全部材料（见附表二）。 （五）工程期限日。

开工日期：年月日； 竣工日期：年月日。 （六）工程价款（见附表一）： 本合同工程造价为（人民币）元； 金额大写：。 其中：直接费：元，设计费：元，管理费：元。（七）合同签订生效后，若要变更施工内容、材料或实际工程量增减，工程价款按实结算。 （八）乙方提出的工程报价，不得故意漏项、缺项。在甲方未对施工项目进行变更的前提下，竣工结算价的增幅不超过第一条（六）款所约定工程价款的5%，超出5%的部分，由乙方承担。 二、工程设计 （一）本工程由设计，设计方应提供施工图纸或作法说明一式份。 （二）设计施工图纸应符合国家有关设计规范要求，经双方签字认可，将会审意见记载于附表四内。 （三）施工图纸所标示项目与工程报价表所列项目有差异或抵触时，以工程报价表为准。 三、工程监理 若本工程实行工程监理，由甲方与具备相应资质的监理公司另行签订《工程监理合同》，并将监理工程师的姓名、单位、联系方式及监理工程师的职责范围等书面通知乙方。

国际工程承包合同(合同范本)

The contract has the function of maintaining social stability and promoting economic development. If one party violates the contract, he shall bear legal responsibility. （合同范本） 甲方：___________________ 乙方：___________________ 日期：___________________ 国际工程承包合同(合同范本)

国际工程承包合同(合同范本) 说明：本合同书具有维护社会稳定，促进经济发展的作用，所以是否履行合同就不仅是当事人之间的事情，如果一方违反合同，或者其他人非法干预合同的履行，则要承担法律责任。文档可收藏、阅读、改编、打印（使用时请先阅读条款）。 目录 1．工程范围 2．合同文件 3．履约保证 4．工程差价和完工时间 5．转包和分包 6．图纸 7．一般责任 8．完工 9．工程保险 10．人员和财产的损害 11．第三方责任保险 12．人员的意外事故或伤害 13．对承包方未履行保险义务的救济

14．应当遵守的法规和规章等 15．其他承包方的加入 16．承包方保持施工现场的清洁 17．劳工 18．材料和工艺 19．施工的检验 20．不适当工作和材料的撤换 21．工程的中断 22．开始和终止的时间 23．工期的延展 24．工程的进度 25．工程的延期的损失计算 26．工程完工的证明 27．工程缺陷的保证和不履行义务的责任28．合同条款的变更、增加和删减 29．由于工程数量变更所做的合同价格的调整30．设备、临时工程和材料 31．工程量的计算

国际工程承包合同范文(完整版)

合同编号：YT-FS-6366-47 国际工程承包合同范文 (完整版) Clarify Each Clause Under The Cooperation Framework, And Formulate It According To The Agreement Reached By The Parties Through Consensus, Which Is Legally Binding On The Parties. 互惠互利共同繁荣 Mutual Benefit And Common Prosperity

国际工程承包合同范文(完整版) 备注：该合同书文本主要阐明合作框架下每个条款，并根据当事人一致协商达成协议，同时也明确各方的权利和义务，对当事人具有法律约束力而制定。文档可根据实际情况进行修改和使用。 甲方： 乙方： 根据《中华人民共和国合同法》及相关法律法规 等的规定，为明确甲乙双方在本工程承包中的权利、 义务和责任，确保工程任务按设计质量要求全面完成， 在自愿、平等、互利的原则下，经甲乙双方协商同意， 签订本合同。 第一条工程概况 (一) 工程名称： (二) 工程地点： (三) 工程范围： (四)工程承包金额：按甲乙双方约定单价收方计 算金额，不能计量的工程按记日工结算。(浆砌片石单 价：元/M3 、混凝土单价： /M3)

第二条工程期限根据双方协商，工程期限自20xx年 4月 20日起至220xx年 5月30日止，没按期完成工程任务扣取20xx元。 第三条工程质量乙方根据甲方提供的图纸及相关国家质量标准进行施工，确保工程质量。工程验收时，按图纸和验收标准执行。 第四条工程款结算工程进场后，按完成工程量的施工进度支付工程款的60%;工程完毕时，乙方开具建安发票支付工程款总额的90%;剩余的10%作为工程质量保证金，在工程交付并经验收合格后，一次性付清余款。 第五条双方责任 (一) 甲方责任 1、甲方提供施工图纸等资料，乙方必须严格按照设计图纸进行施工。 2、甲方提供材料需在乙方塔机施工范围内，如需二次转运，费用由甲方承担。 3、甲方派驻代表现场进行技术指导、质量监督、

国际工程承包合同通用版

国际工程承包合同通用版 Effectively restrain the parties’ actions and ensure that the legitimate rights and interests of the state, collectives and individuals are not harmed ( 合同范本 ) 甲方：______________________ 乙方：______________________ 日期：_______年_____月_____日 编号：MZ-HT-080981

国际工程承包合同通用版 国际承包工程合同格式 第一部分一般条款 定义 第一条（一）在合同中，除合同内容另有要求外，下列词定义如下： （１）“业主”，名称将在第二部分中具体标明，指雇用承包人的一方，或业 主的法定继承人，未经承包人同意，不包括业主的受让人。 （２）“承包人”指标书被业主接受的投标人或投标公司，包括承包人的私人 代表，继承人和经业主同意的受让人。 （３）“工程师”指第二部分中确定的工程师人选，或经书面通

知承包人，由 业主随时任命的代行工程师职责的工程师人选。 （４）“工程师代表”指任何常驻工程师、工程师助手，或由业主或工程师任 命履行第二条规定的职责的人选。对工程师代表的授权应由工程师书面通知承包人。 （５）“工程”包括永久性工程和临时性工程。 （６）“合同”包括合同条款、技术规范、图纸、标价的工程量表、单价或价 格表、标书、接受证书和合同协议（如已完成）。 （７）“合同价格”指在接受证书中确定的数额，可按合同条款的规定增减。 （８）“建筑设备”包括施工和维修所需的全部设备，但不包括构造永久性工 程的材料。 （９）“临时性工程”指施工和维修所需的各种临时工程。

厂房施工合同范本

委托方(甲方)： 承接方(乙方)： 工程项目：甲、乙双方经友好洽谈和协商，甲方决定委托乙方进行厂房装潢。为保证工程顺利进行，根据国家有关法律规定，特签订本合同(包括本合同附件和所有补充合同)，以便共 同遵守。 第一条：工程概况 1.工程地址： 总计：施工面积_________平方米; 2.施工内容：附《装潢施工内容单》和施工图。 4.委托方式： 5.工程开工日期：_______年_______月________日 6.工程竣工日期：_______年_______月________日 工程总天数：________天 第二条：工程价款 工程价款:(金额大写)_______元，附《装潢工程材料预算表》。 1、材料款__________________元 2、人工费____________________元; 3、设计费__________________元 4、施工清运费__________________元; 5、搬卸费__________________元 6、管理费__________________元; 7、税金(5.72%)____________元8、其他费用(注明内容)_________元; 第三条：质量要求 1.工程使用主要材料的品种、规格、名称、经双方认可。附《装潢工程材料决算清单》。 2.工程验收标准，双方同意参照市地方标准db31/t30-1999《住宅装饰装修验收标准》规 定。 3.施工中，甲方如有特殊施工项目或特殊质量要求，双方应确认，增加的费用，应另签订补

充合同。 4.质量检查监督部门：市室内装饰行业协会家庭装潢专业委员会。 5.凡由甲方自行采购的材料、设备，产品质量由甲方自负;施工质量由乙方负责。 6.甲方如自聘工程监理，须在工程开工前通知乙方，以便于工作衔接。 第四条：材料供应 1.乙方须严格按照国家有关价格条例规定，对本合同中所用材料一律实行明码标价。甲方所提供的材料均应用于本合同规定的装潢工程，非经甲方同意，不得挪作他用。乙方如挪作他 用，应按挪用材料的双倍价款补偿给甲方。 2.乙方提供的材料、设备如不符合质量要求，或规格有差异，应禁止使用。如已使用，对工 程造成的损失均由乙方负责。 3.甲方负责采购供应的材料、设备，按《甲方提供装潢材料清单》的内容，应该是符合设计要求的合格产品，并应按时供应到现场。如延期到达，施工期顺延，并按延误工期处罚。按甲方提供的材料合计金额的___%作为管理费支付给乙方。材料经乙方验收后，由乙方负责保管，由于保管不当而造成损失，由乙方负责赔偿。 第五条：付款方式 1.合同一经签订，甲方即应付___%工程材料款和施工工费的__%;当工期进度过半(__年__月__日)，甲方即第二次付施工工费的__%。剩余__%尾款待甲方对工程竣工验收后结 算。(注：施工工费包括人工费)

国际工程分包合同(完整版)

合同编号：YT-FS-8412-57 国际工程分包合同(完整 版) Clarify Each Clause Under The Cooperation Framework, And Formulate It According To The Agreement Reached By The Parties Through Consensus, Which Is Legally Binding On The Parties. 互惠互利共同繁荣 Mutual Benefit And Common Prosperity

国际工程分包合同(完整版) 备注：该合同书文本主要阐明合作框架下每个条款，并根据当事人一致协商达成协议，同时也明 确各方的权利和义务，对当事人具有法律约束力而制定。文档可根据实际情况进行修改和使用。 甲方_____（以下简称总包商），和乙方_____（以下简称分包商），于_____年_____月_____日在_____订立本分包合同。鉴于总包商已同_____国_____大型电气项目管理局（以下简称业主），就在_____国的_____号工程项目的设计，运输和施工签订了合同。鉴于分包商愿按该合同实施土建和安装工程而报了价，鉴于总包商已接受分包商的报价，依据分包商_____年_____月_____日，_____号文件及其所附的报价表（注），现双方达成协议如下： （一）下列文件应是本分包协议的一个组成部分： 1．电气、机械及技术操作的合同通用条款（1980年第一版）。 2．合同的特殊条款。 3．_____工程项目的技术规范。

4．工作范围和技术要求。 5．土建和安装工程分包合同的报价表。 （二）定义 1．“总包商”：系指甲方_____。 2．“分包商”：系指乙方_____和乙方_____将工程的任何部分转包给别的任何专业公司或机构。 3．“总包商的工程师”：系指由总包商指派的监督分包商工作的人员。 4．“分包”：系指由分包商按本合同第三条“工作范围”规定而要执行的工作。 （三）工作范围 本工程包括在_____国境内，根据业主的技术规定，建设_____工程项目，如图所示。 1．提供所有工程的监督人员，熟练和非熟练工人，提供运输、测绘工具及设备，挖掘及钻孔机械，吊车，以用于塔架安装和绝缘箍，地线配件，拉力条的安装以及导线挂垂和拉直等工作。 2．提供混凝土材料、水泥、砂、石子、灰浆材料、

国际总承包合同管理

编号：_______________本资料为word版本，可以直接编辑和打印，感谢您的下载 国际总承包合同管理 甲方：___________________ 乙方：___________________ 日期：___________________

篇一：加强国际总承包项目的合同管理 龙源期刊网.cn 加强国际总承包项目的合同管理 作者：耿楠 来源：〈〈建筑工程技术与设计》20XX年第24期 【摘要】在当今国际工程承包行业中，总承包合同逐渐成为工程发包的主流模式。总承包合同与单价合同有着本质的区别，如何做好总承包项目的合同管理，是当今国际总承包项目管理的一大重点和难题。结合大型国际总承包项目的项目管理工作实践，将心得与大家探讨。 【关键词】国际工程；总承包项目；合同管理 合同管理作为国际工程项目管理的重要组成部分，它必须融合于整个工程项目管理中。要实现工程项目的目标，必须对整个项目实施的全过程和各个环节、项目的所有工程活动实施有效地合同管理。在国际工程建设中，没有合同意识，则工程项目整体目标不明。没有合同管理，则项目管理难以形成系统，难以有高效率，并会使效益丧失殆尽。 没有有效地合同管理，则不可能有有效地工程项目管理，当然就不可能实现工程项目的目标。不正确认识这 些客观条件的变化，放松工程建设施工过程中的合同管理，就很难实现质量、效益、安全等各项工程目标。 一、总承包合同的特点 在总承包模式下，工程总承包企业按照合同约定对工程项目的质量、工期、造价等向业主负责，有着以下的特点。

（一）总承包价固定、工期固定的特点，即承包商要按合同约定的总价负责按期、保质、保量地完成合同规定的全部内容。 （二）项目进行中不确定性因素多，项目复杂性高，受外部环境影响大，如天气、原材料价格、政府法规变化、周边社会关系等较容易影响项目进程。 （三）业主采用总价合同，把风险转移给总承包商，针对总承包商的风险极大。 二、投标阶段的合同管理 为避免总价合同带来的巨大风险，在合同谈判阶段，承包商可以在合同中采取的主要防范措施如下。 第一，针对可能发生的工程变更、施工条件变化和工程量的增加等不利因素，增加一笔不可预见费，并且在合同中明确，此费用不同于监理工程量或业主掌握的暂定金额”，而应归承包商使用。 篇二：浅谈国际工程承包的合同管理 龙源期刊网.cn 浅谈国际工程承包的合同管理 作者：徐涛王红娜 来源：〈〈武汉科技报科教论坛》20XX年第01期 【摘要】在国际工程承包领域，合同管理作为工程管理的重要组成部分，对于项目的成败起到越来越重要的影响，如何加强合同管理维护企业的利益已经受到越来越多企业的重视。本文将对我国国际工程承包企业合同管

建筑工程资料承包合同格式新整理版(范本)

编号：QJ-HT-0285 建筑工程资料承包合同格式新整理版(范本) Both parties shall perform their obligations as agreed in the contract or in accordance with the law within the term of the contract. 甲方：_____________________ 乙方：_____________________ 日期：_____________________ --- 专业合同范本系列下载即可用---

建筑工程资料承包合同格式新整理 版(范本) 说明：该合同书适用于甲乙双方为明确各自的权利和义务，经友好协商双方同意签署合同，在合同期限内按照合同约定或者依照法律规定履行义务，可下载收藏或打印使用（使用时请先阅读条款是否适用）。 建筑工程资料承包合同范文一 发包方(甲方)： 承包方(乙方)： 1、承包事项：工程技术资料 2、承包方式：平米包干，元/m2，建筑面积为：m2(不包含车库面积)， 3、承包范围：土建、水电暖安装的工程技术资料填写、收集、整理、组卷，直至竣工。 4、办公用品归属：电脑、打印机、纸张、由已方提供，竣工装订由甲方负责。 5、工作分工 乙方要保证资料填写、整理与工程进度同步，工程竣工验收前做好组卷

和预验收工作。①检验试验：甲方按乙方的要求负责原材料、试样、试件的取样及制作，乙方负责土建工程相关资料的填写并送试验室承办检验试验工作。 ②资料编制填写：施工组织设计、施工方案、各种图、安全资料中有技术要求和方案要求的由甲方工程师编制，所有报验表、检验批表、验收表、统表等均由乙方负责填写。③资料签字由乙方找相关人员签字，要求与工程同步。 ④分包工程技术资料：乙方负责检查验收所有分包工程技术资料，并整理归档。 6、结算 7、乙方进入现场要遵守甲方的各项规定。合同履行期间，乙方进入施工现场要戴好安全帽并按规划的路线行走，防止出现人身伤亡事故。 甲方负责人：乙方负责人： 年月日年月日 建筑工程资料承包合同范文二 发包方(甲方)：

国际工程施工合同(一般条款)完整版

国际工程施工合同(一般 条款)完整版 In the legal cooperation, the legitimate rights and obligations of all parties can be guaranteed. In case of disputes, we can protect our own rights and interests through legal channels to achieve the effect of stopping the loss or minimizing the loss. 【适用合作签约/约束责任/违约追究/维护权益等场景】 甲方：________________________ 乙方：________________________ 签订时间：________________________ 签订地点：________________________

国际工程施工合同(一般条款)完整 版 下载说明：本合同资料适合用于合法的合作里保障合作多方的合法权利和指明责任义务，一旦发生纠纷，可以通过法律途径来保护自己的权益，实现停止损失或把损失降到最低的效果。可直接应用日常文档制作，也可以根据实际需要对其进行修改。 1 定义和释义 1．1 在本合同中，除按上下文另具意义者外，下列词语应解释如下：“业主”指第二章中所指定的雇用承包人的一方或其权利合法继承人，但不包括业主的受让人，经承包人同意者除外。 “承包人”指标书已被业主接受的某个或某些人、商行或公司，包括其他人代表，继承人和业经认可的受让人。

“工程师”指第二章中所指定的工程师，或由业主随时任命且书面通知承包人以代替指定工程师履行合同职责的其它工程师。 “工程师代表”指任何常驻工程技术人员、监理工程师，或由业主或工程师随时任命的履行本合同第二条规定职责的任何工程现场监督，其权限上工程师书面通告承包人。 “工程”包括永久性工程和临建工程。 “合同”指合同条款、技术规范、图纸、标价的建筑工程清单、单价和价格表（如果有），还可指标书、接受证

重庆建筑承包合同完整版

重庆建筑承包合同完整版 In the case of disputes between the two parties, the legitimate rights and interests of the partners should be protected. In the process of performing the contract, disputes should be submitted to arbitration. This paper is the main basis for restoring the cooperation scene. 【适用合作签约/约束责任/违约追究/维护权益等场景】 甲方：________________________ 乙方：________________________ 签订时间：________________________ 签订地点：________________________

重庆建筑承包合同完整版 下载说明：本协议资料适合用于需解决双方争议的场景下，维护合作方各自的合法权益，并在履行合同的过程中，双方当事人一旦发生争议，将争议提交仲裁或者诉讼，本文书即成为复原合作场景的主要依据。可直接应用日常文档制作，也可以根据实际需要对其进行修改。 现有公司(以下简称甲方)将厂区白色混凝土路面工程承包给(以下简称乙方)施工，为了明确双方的权利和义务，特签定此合同，望双方共同遵守。合同条款如下： 一，工程位于大庆市大同区新华电厂。 二，总工程量为平方米。 三，工程承包形式为总承包。 四，工程每平方米造价为元，工程总造价根据施工结束实测面积确定。

国际工程合同管理

翻译： {作文1、 以施工方角度，向材料供应商写一份为某工程购买施工材料的咨询函。自行设定工程、材料、场景，不少于200个单词。} Dear contractor： We refer to your letter dated 15th June 2006 in connection with the above subject and respond as follows in the same order:- 我们把你2006年六月15日的来信与上述主题联系在一起并且以同样的顺序回复如下：The Pre amble to the Bill of Quantities (which you referred to in your letter) stated that “the Main Contractor shall be responsible for providing including but not limited to the following attendances (v) use of standing scaffolding”. This clarification further c onfirms your responsibility under Clause 91.1 of the Condition of Contract. 序言对账单的数量（你在信中提到）表示，“主要承包商应负责提供包括但不限于下列人次（五）使用脚手架”。这一澄清进一步证实你的责任，根据第91.1的合同条件。 The Preambles to the Bill of Quantities are intended to be clarifying notes in case there is no full description of the subject BOQ item. However, the Preamble becomes irrelevant if full description of the item scope is given in the BOQ as in the case of scaffolding. 序言对账单的数量是为了澄清说明的情况下是没有完整的说明工程量清单项目。然而，如果是在脚手架工程量清单中充分说明该项目的范围序言就变得无关紧要。 We reject you suggestion that the “other agency” should be nominated by the Client and does n ot mean you as the main Contactor. We point out that scaffolding is an item within the scope of the (Preliminary of Main Contract BOQ) which states that “the Contractor shall allow for providing and maintaining scaffolding for the use of his own and subcon tractors operatives.” This BOQ item in Preliminary for scaffolding has been priced by you. 我们拒绝你的建议，“其他机构”应由客户端指定和不把你当做主供应商。我们指出，脚手架是一项范围内的（初步主合同的工程量清单）中规定“承包人应允许自己和分包商提供和维持脚手架的使用。”本清单项目已被您初步定价。 It’s true that you wrote to us prior to entering into Subcontract Agreement in which you requested for confirmation regarding the scaffolding provisions, however, via our letter dated 28th Feb. 2006 we have responded to your letter rejecting the variation suggestion by confirming to you that “scaffolding to be provided by Main Contractor whether standing or special as referred to clause 91.1…” 这是真的，你给我们写信之前进入到分包协议，要求确认的脚手架的规定，但是，2006年八月20日的回信我们已经回答了你的拒绝变化建议，根据91.1条款确认“脚手架无论什么情况下都由主要承包商提供……” Without responding to our above letter, you preceeded and exchanged contract with the Lift NSC on 5th March 2006, hence accepting you responsibility for the whole scaffolding provision under the Contract, although numerous subsequent correspondence followed on this subject however which added very little. 在没有回信的情况下，你在2006年三月5日与Lift NSC交换合同，因此根据合同接受你负责整个脚手架提供，虽然关于这个问题后来有许多来信但是影响不大。 Moreover, we would like to refer to the order of priority of Contract documents, the Conditions of Contract shall precede the Bill of Quantities, we therefore again reject your cost claim accordingly. 此外，我们想提及合同文件的优先顺序，合同条件应该在清单之前，因此我们再次拒绝你的费用索赔。 Engineer XX {作文2、 接上题，再以供应商的角度对上述咨询函做一个回函，表明观点，不少于200个单词。} Dear engineer, We refer to your letter dated 12th June 2006 with respect to the above subject and regret to inform you that we cannot agree with your assessment based on the following reasons: 这是回你的2006.6月12日关于上述主体的信并且遗憾的通知你我们不能同意你的评估，原因如下： Your interpretation of Clause 91.1 Responsibilities of Nominated Subcontractors is not in conformance with all the Contract documents. We maintain our stand that the Preambles to the Bill of Quantities has further defined and clarified Clause 91.21 by identifying standing scaffolding and special scaffolding. 你关于分包商责任91.1条款的解释不符合合同的全部文件。我们坚持我们的立场，清单对于普通脚手架和特殊脚手架的定义进一步界定和澄清了91.21条款。 We refer to the second paragraph of your letter and regret that we cannot concur with your assumption to the “other agency” being the Main Contractor. It’s for the Client to nominate the so called “other agency” to provide special scaffolding to the lift contractor’s requirements, since the Client has allowed the Lift contractor to exclude this part of works from his scope of works, we do not believe it is contractually correct to assume that the Main Contractor shall take over contractual obligations of other parties due to the Client’s acts of omission. 针对你信中的第二段，很遗憾我们不能同意你假设的“其他机构”成为主要承包商。它是为客户推荐所谓的“其他机构”提供特殊脚手架电梯承包商的要求，因为客户端允许电梯承包商从他的工作范围排除这部分作品，我们不相信假设合同的主要承包人因客户的行为的遗漏应承担合同义务是正确的。 Please also be informed that we have exercised our due diligence by bringing to your attention that the provision of scaffolding under the Lift contractor’s scope of works has been exclude in your Letter of Nomination, prior to the finalization of the Nominated Subcontract Agreement, in the same letter, we have notified you that it will be a variation if you require us to provide the special scaffolding to the Lift contractor. 也请明确我们行使了我们的职责，提醒你提供脚手架下电梯承包商的工作范围已被排除在你的提名信，之前完成指定分包协议，在同一封信中，我们已经通知您如果你需要我们提供特殊脚手架电梯承包商这将是一个变动。 We believe the above satisfactorily explains our position, and look forward to your further instructions. 我们相信上述圆满地解释了我们的立场，期待与您进一步指示。 Contractor manager：XX 3Dear engineer： With reference to your letter dated 5th October 2006 in connection with the above subject, we reiterate our stands regarding Clause 91.1 and Preamble issues. 回复2006年十月五日关于上述问题的来信，我们重申我们关于条款91.1序言问题的立场。 As for the priority of Contract Documents mentioned in the closing paragraph of your letter, we would like to respond as follows:- The interpretation of Clause 91.1 a) is as “… the responsibility of the Main contractor to provide … a) Provide trenching, scaffolding …”. The interpretation of Pr eambles to Bills of Quantity, pages 5, is “Attendances to be provided by the Main Contractor, (v) Use of Standing Scaffolding” and page 6, is “Attendances to be provided by the Subcontractor, (i) All special scaffolding …”. 来信最后一段提到的关于合同文件的优先次序，我们回答如下： 解释条款91.1）是为“……负责的主要承包商提供……一）提供挖沟，脚手架……”。解释的导言，工程量清单，5页，“求诊提供的主要承包商，（五）使用脚手架”，6页，“求诊提供分包商，（我）所有特殊脚手架……”。 In the event of any conflicting of the same interpretation between Conditions of Contract and Bills of Quantity, and in line with the order of priority of contract documents, the conditions of contract shall precede the Bills of Quantities.在发生任何冲突的解释之间的合同条件及工程量清单，并符合合同文件的优先顺序，合同条件应先于清单。 In point of facts, the interpretations between Clause 91.1 a) and Preambles to the Bills of Quantity are different, therefore your statement relating to the order of priority of contract documents is irrelevant and is not that case.在点之间的事实，解释条款91.1）序言，该法案的数量是不同的，所以你

工程承包合同(通用版)

编号：QJ-HT-0972工程承包合同(通用版) Both parties shall perform their obligations as agreed in the contract or in accordance with the law within the term of the contract. 甲方：_____________________ 乙方：_____________________ 日期：_____________________ --- 专业合同范本系列下载即可用---

工程承包合同(通用版) 说明：该合同书适用于甲乙双方为明确各自的权利和义务，经友好协商双方同意签署合同，在合同期限内按照合同约定或者依照法律规定履行义务，可下载收藏或打印使用（使用时请先阅读条款是否适用）。 工程承包合同（国际） 国际工程承包是指一个国家的政府部门、公司、企业或项目所有人（一般称工程业主或发包人）委托国外的工程承包人负责按规定的条件承担完成某项工程任务。国际工程承包是一种综合性的国际经济合作方式，是国际技术贸易的一种方式，也是国际劳务合作的一种方式。之所以将这种方式作为国际技术贸易的一种方式，是因为国际承包工程项目建设过程中，包含有大量的技术转让内容，特别是项目建设的后期，承包人要培训业主的技术人员，提供所需的技术知识（专利技术、专有技术），以保证项目的正常运行。 一．工程承包合同的基本内容 招标成交的国际工程承包合同不是采取单一合同方式，而是采取另一种合同方式，这种合同是由一些有关文件组成的，通常称为合同文件（contractdocuments）。

国际工程承包合同例文(1)

国际工程承包合同例文 The latest edition of international engineering contract sample 甲方：___________________________ 乙方：___________________________ 签订日期：____ 年 ____ 月 ____ 日 合同编号：XX-2020-01

国际工程承包合同例文 前言：施工合同是指发包方 (建设单位) 和承包方 (施工单位) 为完成商定的建筑 安装工程施工任务，明确相互之间权利、义务关系的书面协议。本文档根据施工合 同内容要求和特点展开说明，具有实践指导意义，便于学习和使用，本文档下载后 内容可按需编辑修改及打印。 一、总承包合同 本合同经下述双方签署： 1．________市________（单位，以下简称甲方）；代表人：________ 2．________建筑工程承包公司海外工程部（以下简称乙方）；经理____ 先生（____ 年____月____日由________建筑工程承包公司授权） 出生地：________（国家） 国籍：________（国家） 总部：________（国）________市 在________国的通讯地址：________信箱 鉴于甲方要兴建的_____________，乙方提交报价已于 ________年____月____日被________招标委员会接受并已中标。

根据_______国________部________年____月____日第 ________号决议，双方缔约于下： （一）合同内容 乙方要完全、准确地按照该合同条款、技术规范、设计图纸、工程量表、价格表与合同条款有关的书面协议，在 ________市对_____进行施工。 乙方承认自己对合同的正文和附件，已有正确的理解，在此基础上同意缔约，按合同施工。 所有上述文件、附件均是本合同不可分割的组成部分。 （二）合同金额 本合同总金额为________。兑美元比例为70%。 这个金额是用单价乘实际工程量的方法计算出来的，这是指“概算工程”而言。至于“分段工程”则根据临时报表进行支付，临时报表的书写方法应是双方在合同中一致同意的。对乙方的支付要根据合同及其附件的规定。 合同价格是固定的，它包括乙方为施工所承担的所有费用、开支、义务、各种税款，包括因施工不良而支出的工程维修费及在合同期内规定的保修、保养费。乙方无权以任何理由