《专业英语》课件Unit-13.pptx

1、Text1 Contractors ClaimsIf the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment,under any Clause of these Conditions or otherwise in connection with the Contract,the Contractor shall give notice to the Employer,describing the event

2、 or circumstance giving rise to the claim1.The notice shall be given as soon as practicable,and not later than 28 days after the Contractor became aware,or should have become aware,of the event or circumstance.If the Contractor fails to give notice of a claim within such period of 28 days,the Time f

3、or Completion shall not be extended,the Contractor shall not be entitled to additional payment,and the Employer shall be discharged from all liability in connection with the claim.Otherwise,the following provisions of this Sub-Clause shall apply.The Contractor shall also submit any other notices whi

4、ch are required by the Contract,and supporting particulars for the claim,all as relevant to such event or circumstance.The Contractor shall keep such contemporary records as may be necessary to substantiate any claim,either on the Site or at another location acceptable to the Employer.TextWithout ad

5、mitting liability,the Employer may,after receiving any notice under this Sub-Clause,monitor the record-keeping and/or instruct the Contractor to keep further contemporary records.The Contractor shall permit the Employer to inspect all these records,and shall(if instructed)submit copies to the Employ

6、er.Within 42 days after the Contractor became aware(or should have become aware)of the event or circumstance giving rise to the claim,or within such other period as may be proposed by the Contractor and approved by the Employer,the Contractor shall send to the Employer a fully detailed claim which i

7、ncludes full supporting particulars of the basis of the claim and of the extension of time and/or additional payment claimed2.If the event or circumstance giving rise tothe claim has a continuing effect:this fully detailed claim shall be considered as interim.the Contractor shall send further interi

8、m claims at monthly intervals,giving the accumulated delay and/or amount claimed,and such further particulars as the Employer may reasonably require.the Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance,or within such other perio

9、d as may be proposed by the Contractor and approved by the Employer.TextWithin 42 days after receiving a claim or any further particulars supporting a previous claim,or within such other period as may be proposed by the Employer and approved by the Contractor,the Employer shall respond with approval

10、,or with disapproval and detailed comments.He may also request any necessary further particulars,but shall nevertheless give his response on the principles of the claim within such time.Each interim payment shall include such amounts for any claim as have been reasonably substantiated as due under t

11、he relevant provision of the Contract.Unless and until the particulars supplied are sufficient to substantiate the whole of the claim,the Contractor shall only be entitled to payment for such part of the claim as he has been able to substantiate.The Employer shall proceed in accordance with Sub-Clau

12、se 3.5 Determinations to agree or determine the extension(if any)of the Time for Completion(before or after its expiry)in accordance with Sub-Clause 8.4Extension of Time for Completion,and/or the additional payment(if any)to which the Contractor is entitled under the Contract.The requirements of thi

13、s Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim3.TextIf the Contractor fails to comply with this or another Sub-Clause in relation to any claim,any extension of time and/or additional payment shall take account of the extent(if any)to which the failure has pr

14、evented or prejudiced proper investigation of the claim,unless the claim is excluded under the second paragraph of this Sub-Clause.2 Appointment of the Dispute Adjudication BoardDisputes shall be adjudicated by a DAB in accordance with Sub-Clause 20.1 Obtaining Dispute Adjudication Boards Decision.T

15、he Parties shall jointly appoint a DAB by the date 28 days after a Party gives notice to the other Party of its intention to refer a dispute to a dispute to a DAB in accordance with Sub-Clause 20.4.The DAB shall comprise,as stated in the Particular conditions,either one or three suitably qualified p

16、ersons(“the members”).If the number is not so stated and the Parties do not agree otherwise,the DAB shall comprise three persons.If the DAB is to comprise three persons,each Party shall nominate one member for the approval of the other Party.The Parties shall consult both these members and shall agr

17、ee upon the third member,who shall be appointed to act as chairman.TextHowever,if a list of potential members is included in the Contract,the members shall be selected from those on the list,other than anyone who is unable or unwilling to accept appointment to the DAB.The agreement between the Parti

18、es and either the sole member(“adjudicator”)or each of the three members shall incorporate by reference the General Conditions of Dispute4 Adjudication Agreement contained in the Appendix to these General Conditions,with such amendments as are agreed between them.The terms of the remuneration of eit

19、her the sole member or each of the three members shall be mutually agreed upon by the Parties when agreeing the terms of appointment.Each Party shall be responsible for paying one-half of this remuneration.If at any time the Parties so agree,they may appoint a suitably qualified person or persons to

20、 replace any one or more members of the DAB.Unless the Parties agree otherwise,the appointment will come into effect if a member declines to act or is unable to act as a result of death,disability,resignation or termination of appointment.The replacement shall be appointed in the same manner as the

21、replaced person was required to have been nominated or agreed upon,as described in this Sub-Clause.TextThe appointment of any member may be terminated by mutual agreement of both Parties,but not by the Employer or the Contractor acting alone.Unless otherwise agreed by both Parties,the appointment of

22、 the DAB(including each member)shall expire when the DAB has given its decision on the dispute referred to it under Sub-Clause 20.4,unless other disputes have been referred to the DAB by that time under Sub-Clause 20.4,in which event the relevant date shall be when the DAB has also given decisions o

23、n those disputes.3 Failure to Agreement Dispute Adjudication BoardIf any of the following conditions apply,namely:the Parties fail to agree upon the appointment of the sole member of the DAB by the date stated in the first paragraph of Sub-Clause 20.2.either Party fails to nominate a member(for appr

24、oval by the other Party)of a DAB of three persons by such date.the Parties fail to agree upon the appointment of the third member(to act as chairman)of the DAB by such date.the Parties fail to agree upon the appointment of a replacement person within 42 days after the date on which the sole member o

25、r one of the three members declines to act or is unable to act as a result of death,disability,resignation or termination of appointment.TextThen the appointing entity or official named in the Particular Conditions shall,upon the request of either or both of the Parties and after due consultation wi

26、th both Parties appoint this member of the DAB.This appointment shall be final and conclusive.Each Party shall be responsible for paying one-half of the remuneration of the appointing entity or official.4 Obtaining Dispute Adjudication Boards DecisionIf a dispute(of any kind whatsoever)arises betwee

27、n the Parties in connection with,or arising out of,the Contract or the execution of the Works,including any dispute as to any certificate,determination,instruction,opinion or valuation of the Employer,then after a DAB has been appointed pursuant to Sub-Clause 20.2 Appointment of the DAB and 20.3Fail

28、ure to Agree DAB,either Party may refer the dispute in writing to the DAB for its decision,with a copy to the other Party.Such reference shall state that it is given under this Sub-Clause.For a DAB of three persons,the DAB shall be deemed to have received such reference on the date when it is receiv

29、ed by the chairman of the DAB.TextBoth Parties shall promptly make available to the DAB all information,access to the Site,and appropriate facilities,as the DAB may require for the purposes of making a decision on such dispute.The DAB shall be deemed to be not acting as arbitrator(s).Within 84 days

30、after receiving such reference,or the advance payment referred to in Clause 6 of the Appendix-General Conditions of the Dispute Adjudication Agreement,whichever date is later,or within such other period as may be proposed by the DAB and approved by both Parties,the DAB shall give its decision,which

31、shall be reasoned and shall state that it is given under this Sub-Clause.However,if neither of the Parties has paid in full the invoices submitted by each Member pursuant to Clause 6 of the Appendix,the DAB shall not be obliged to give its decision until such invoices have been paid in full.The deci

32、sion shall be binding on both Parties,who shall promptly give effect to it unless and until it shall be revised in an amicable settlement or an arbitral award as described below.Unless the Contract has already been abandoned,repudiated or terminated,the Contractor shall continue to proceed with the

33、Works in accordance with the Contract.TextIf either Party is dissatisfied with the DABs decision,then either Party may,within 28 days after receiving the decision,give notice to the other Party of its dissatisfaction.If the DAB fails to give its decision within the period of 84 days(or as otherwise

34、approved)after receiving such reference or such payment,then either Party may,within 28 days after this period has expired,give notice to the other Party of its dissatisfaction.In either event,this notice of dissatisfaction shall state that it is given under this Sub-Clause,and shall set out the mat

35、ter in dispute and the reason(s)for dissatisfaction.Except as stated in Sub-Clause 20.7Failure to Comply with Dispute Adjudication Boards Decision and Sub-Clause 20.8Expiry of Dispute Adjudication Boards Appointment,neither Party shall be entitled to commence arbitration of a dispute unless a notice

36、 of dissatisfaction has been given in accordance with this Sub-Clause.If the DAB has given its decision as to a matter in dispute to both Parties,and no notice of dissatisfaction has been given by either Party within 28 days after it received the DABs decision,then the decision shall become final an

37、d binding upon both Parties.Text5 Amicable SettlementWhere notice of dissatisfaction has been given under Sub-Clause 20.4 above,both Parties shall attempt to settle the dispute amicably before the commencement of arbitration.However,unless both Parties agree otherwise,arbitration may be commenced on

38、 or after the fifty-sixth day after the on which notice of dissatisfaction was given,even if no attempt at amicable settlement has been made5.6 Arbitration Unless settled amicably,any dispute in respect of which the DABs decision(if any)has not become final and binding shall be finally settled by in

39、ternational arbitration.Unless otherwise agreed by both Parties:the dispute shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce.the dispute shall be settled by three arbitrators appointed in accordance with these Rules.Text The arbitration shall be conduc

40、ted in the language for communications defined in Sub-Clause 1.4Law and Language.The arbitrator(s)shall have full power to open up,review and revise any certificate,determination,instruction,opinion or valuation of(or on behalf of)the Employer,and any decision of the DAB,relevant to the dispute.Neit

41、her Party shall be limited in the proceedings before the arbitrator(s)to the evidence or arguments previously put before the DAB to obtain its decision,or to the reasons for dissatisfaction given in its notice of dissatisfaction.Any decision of the DAB shall be admissible in evidence in the arbitrat

42、ion.Arbitration may be commenced prior to or after completion of the Works.The obligations of the Parties and the DAB shall not altered by reason of any arbitration being conducted during the progress of the Works.Text7 Failure to Comply with Dispute Adjudication Boards Decision In the event that:ne

43、ither Party has given notice of dissatisfaction within the period stated in Sub-Clause 20.4Obtaining Dispute Adjudication Boards Decision.the DABs related decision(if any)has become final and binding.a Party fails to comply with this decision.Then the other Party may,without prejudice to any other r

44、ights it may have,refer the failure itself to arbitration under Sub-Clause 20.6 Arbitration.Sub-Clause 20.4Obtaining Dispute Adjudication Boards Decision and Sub-Clause 20.5Amicable Settlement shall not apply to his reference.8 Expiry of Dispute Adjudication Boards AppointmentIf a dispute arises bet

45、ween the Parties in connection with,or arising out of,the Contract or the execution of the Works and there is no DAB in place,whether by reason of the expiry of the DABs appointment or otherwise:Sub-Clause 20.4 Obtaining Dispute Adjudication Boards Decision and Sub-Clause 20.5Amicable Settlement sha

46、ll not apply,and the dispute may be referred directly to arbitration under Sub-Clause 20.6Arbitration.New Words and Phrasesadditional payment,n.追加付款 claim,vi.索赔 discharge from,vi.释放；使免除 contemporary record,n.同期记录 a final claim,n.最终的索赔报告 interim payment,n.期中付款 time for completion,n.竣工时间 disputes,n.争端

47、 dispute adjudication agreement,n.争端裁决协议 dispute adjudication board,n.争端裁决委员会invoice,n.发票；发货单 an amicable settlement,n.友好解决 arbitral award,n.仲裁裁决；公断书 dissatisfaction,n.不满；不平 international arbitration,n.国际仲裁 Rules of Arbitration of the International Chamber of Commerce,n.国际商会仲裁规则Notes（1）If the Contra

48、ctor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment,under any Clause of these Conditions or otherwise in connection with the Contract,the Contractor shall give notice to the Employer,describing the event or circumstance giving rise to the c

49、laim.如果承包商认为，根据本条件任何条款或与合同有关的其他文件，他有权得到竣工时的任何延长期和(或)任何追加付款，承包商应向雇主发出通知，说明引起索赔的事件或情况。（2）Within 42 days after the Contractor became aware(or should have become aware)of the event or circumstance giving rise to the claim,or within such other period as may be proposed by the Contractor and approved by t

50、he Employer,the Contractor shall send to the Employer a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and/or additional payment claimed.在承包商觉察(或应已觉察)引起索赔的事件情况后 42 天内，或在承包商可能建议并经雇主认可的其他期限内，承包商应向雇主递交一份充分详细的索赔报告，包括索赔的依据、要求延长的时间和(或