1、Conditions of ContractFor Plant and Design-Build ContractFirst Edition 1999ISBN 2-88432-023-7FIDICCONTENTS1 GENERAL PROVISIONS1.1 Definitions1.2 Interpretation1.3 Communications1.4 Law and Language1.5 Priority of Documents1.6 Contract Agreement1.7 Assignment1.8 Care and Supply of Documents1.9 Errors
2、 in the Employers Requirements1.10 Employers Use of Contractors Documents1.11 Contractors Use of Employers Documents1.12 Confidential Details1.13 Compliance with Laws1.14 Joint and Several Liability2 THE EMPLOYER2.1 Right of Access to the Site2.2 Permits, Licences or Approvals2.3 Employers Personnel
3、2.4 Employers Financial Arrangements2.5 Employers Claims3 THE ENGINEER3.1 Engineers Duties and Authority3.2 Delegation by the Engineer3.3 Instructions of the Engineer3.4 Replacement of the Engineer3.5 Determinations4 THE CONTRACTOR4.1 Contractors General Obligations4.2 Performance Security4.3 Contra
4、ctors Representatives4.4 Subcontractors4.5 Nominated Subcontractors4.6 Co-operation4.7 Setting Out4.8 Safety Procedures4.9 Quality Assurance4.10 Site Data4.11 Sufficiency of the Accepted Contract Amount4.12 Unforeseeable Physical Conditions4.13 Rights of Way and Facilities4.14 Avoidance of Interfere
5、nce4.15 Access Route4.16 Transport of Goods4.17 Contractors Equipment4.18 Protection of the Environment4.19 Electricity, Water and gas4.20 Employers Equipment and Free-Issue Material4.21 Progress Reports4.22 Security of the Site4.23 Contractors Operations on Site4.24 Fossils5 DESIGN5.1 General Desig
6、n Obligations5.2 Contractors Documents5.3 Contractors Undertaking5.4 Technical Standards and Regulations5.5 Training5.6 As-Built Documents5.7 Operation and Maintenance Manuals5.8 Design Error6 STAFF AND LABOUR6.1 Engagement of Staff and Labour6.2 Rates of Wages and Conditions of Labour6.3 Persons in
7、 the Service of Employer6.4 Labour Laws6.5 Working hours6.6 Facilities for Staff and Labour6.7 Health and Safety6.8 Contractors Superintendence6.9 Contractors Personnel6.10 Records of Contractors Personnel and Equipment6.11 Disorderly Conduct7 PLANT, MATERIALS AND WORKMANSHIP7.1 Manner of Execution7
8、.2 Samples7.3 Inspection7.4 Testing7.5 Rejection7.6 Remedial work7.7 Ownership of Plant and Materials7.8 Royalties8 COMMENCEMENT, DELAYS AND SUSPENSION8.1 Commencement of Works8.2 Time for Completion8.3 Programme8.4 Extension of Time for Completion8.5 Delays Caused by Authorities8.6 Rate of Progress
9、8.7 Delay Damages8.8 Suspension of Work8.9 Consequences of Suspension8.10 Payment for Plant and Materials in Event of Suspension8.11 Prolonged Suspension8.12 Resumption of Work9 TESTS ON COMPLETION9.1 Contractors Obligations9.2 Delayed Tests9.3 Retesting9.4 Failure to Pass Tests on Completion10 EMPL
10、OYERS TAKING OVER10.1 Taking Over of the Works and Sections10.2 Taking Over of Parts of the Works10.3 Interference with Tests on Completion10.4 Surfaces Requiring Reinstatement11 DEFECTS LIABILITY11.1 Completion of Outstanding Work and Remedying Defects11.2 Cost of Remedying Defects11.3 Extension of
11、 Defects Notification Period11.4 Failure to Remedy Defects11.5 Removal of Defective Work11.6 Further Tests11.7 Right of Access11.8 Contractor to Search11.9 Performance Certificates11.10 Unfulfilled Obligations11.11 Clearance of Site12 TESTS AFTER COMPLETION12.1 Procedure for Tests after Completion12
12、.2 Delayed Tests12.3 Retesting 12.4 Failure to Pass Tests after Completion 13 VARIATIONS AND ADJUSTMENTS13.1 Right to Vary13.2 Value Engineering13.3 Variation Procedure13.4 Payment in Applicable Currencies13.5 Provisional Sums13.6 Daywork13.7 Adjustments for Changes in Legislation13.8 Adjustments fo
13、r Changes in Cost14 CONTRACT PRICE AND PAYMENT14.1 The Contract Price14.2 Advance Payment14.3 Application for Interim Payment Certificates14.4 Schedule of Payments14.5 Plant and Materials intended for the Works14.6 Issue of interim Payment Certificates14.7 Payment14.8 Delayed Payment14.9 Payment of
14、Retention Money14.10 Statement at Completion14.11 Application for Final Payment Certificate14.12 Discharge14.13 Issue of Final Payment Certificate14.14 Cessation of Employers Liability14.15 Currencies of Payment15 TERMINATION BY EMPLOYER15.1 Notice to Correct15.2 Termination by Employer15.3 Valuatio
15、n at Date of Termination15.4 Payment after Termination15.5 Employers Entitlement to Termination16 SUSPENSION AND TERMINATION BY CONTRACTOR16.1 Contractors Entitlement to Suspend Work16.2 Termination by Contractor16.3 Cessation of Work and Removal of Contractors Equipment16.4 Payment on Termination17
16、 RISK AND RESPONSIBILITY17.1 Indemnities17.2 Contractors Care of the Works17.3 Employers Risks17.4 Consequences of Employers Risks17.5 Intellectual and Industrial Property Rights17.6 Limitation of Liability18 INSURANCE18.1 General Requirements for Insurance18.2 Insurance for Works and Contractors Eq
17、uipment18.3 Insurance against Injury to Persons and Damage to Property18.4 Insurance to Contractors Personnel19 FORCE MAJEURE19.1 Definition of Force Majeure19.2 Notice of Force Majeure19.3 Duty to Minimise Delay19.4 Consequences of Force Majeure19.5 Force Majeure Affecting Subcontractor19.6 Optiona
18、l Termination, Payment and Release19.7 Release from Performance under the Law20 CLAIMS, DISPUTES AND ARBITRATION20.1 Contractors Claims20.2 Appointment of the Dispute Adjudication Board20.3 Failure to Agree Dispute Adjudication Board20.4 Obtaining Dispute Adjudication Boards Decision20.5 Amicable Se
19、ttlement20.6 Arbitration20.7 Failure to Comply with Dispute Adjudication Boards Decision20.8 Expiry of Dispute Adjudication Boards AppointmentAPPENDIXGeneral Provisions11.1DefinitionsIn the Conditions of Contract (“these Conditions”), which include Particular Conditions and these General Conditions,
20、 the following words and expressions shall have the meanings stated. Words indicating persons or parties include corporations and other legal entitles, except where the context requires otherwise.1.1.1The Contract1.1.1.1“Contract” means the Contract Agreement, the Letter of Acceptance, the Letter of
21、 Tender, these Conditions, the Employers Requirements, the Schedules, the Contractors Proposal, and the further documents (if any) which are listed in the Contract Agreement or in the Letter of Acceptance.1.1.1.2 “Contract Agreement” means the contract agreement (if any) referred to in Sub-Clause 1.
22、6 Contract Agreement.1.1.1.3 “Letter of Acceptance” means the letter of formal acceptance, signed by the Employer, of the Letter of Tender, including any annexed memorandum comprising agreements between and signed by both Parties. If there is no such letter of acceptance, the expression “Letter of A
23、cceptance” means the Contract Agreement and the date of issuing or receiving the Letter of Acceptance means the date of signing the Contract Agreement.1.1.1.4 “Letter of Tender” means the document entitled letter of tender, which was completed by the Contractor and includes the signed offer to the E
24、mployer for the Works.1.1.1.5 “Employers Requirements” means the document entitled employers requirements, as included in the Contract, and any additions and modifications to such document in accordance with the Contract. Such document specifies the purpose, scope, and/or other technical criteria, f
25、or the Works.1.1.1.6 “Schedules” means the document(s) entitled schedules, completed by the Contractor and submitted with the Letter of Tender, as included in the Contract. Such document may include data, lists, and schedules of payments and/or prices.1.1.1.7 “Contractors Proposal” means the documen
26、t entitled proposal, which the Contractor submitted with the Letter of Tender, as included in the Contract. Such document may include the Contractors preliminary design.1.1.1.8 “Tender” means the Letter of Tender and all other documents which the Contractor submitted with the Letter of Tender, as in
27、cluded in the Contract.1.1.1.9 “Appendix to Tender” means the completed pages entitled appendix to tender which are appended to and form part of the Letter of Tender.1.1.1.10 “Schedule of Guarantees” and “Schedule of Payments” mean the documents so named (if any) which are comprised in the Schedules
28、.1.1.2Parties and Persons1.1.2.1“Party” means the Employer or the Contractor, as the context requires.1.1.2.2 “Employer” means the person named as employer in the Appendix to Tender and the legal successors in title to this person.1.1.2.3 “Contractor” means the person(s) named as contractor in the L
29、etter of Tender accepted by the Employer and the legal successors in title to this person(s).1.1.2.4 “Engineer” means the person appointed by the Employer to act as the Engineer for the purpose of the Contract and named in the Appendix to Tender, or other person appointed from time to time by the Em
30、ployer and notified to the Contractor under Sub-Clause 3.4 Replacement of the Engineer.1.1.2.5 “Contractors Representative” means the person named by the Contractor in the Contract or appointed from time to time by the Contractor under Sub-Clause 4.3 Contractors Representatives, who acts on behalf o
31、f the Contractor.1.1.2.6 “Employers Personnel” means the Engineer, the assistants referred to in Sub-Clause 3.2 Delegation by the Engineer and all other staff, labour and other employees of the Engineer and of the Employer; and any other personnel notified to the Contractor, by the Employer or the E
32、ngineer, as Employers Personnel.1.1.2.7 “Contractors Personnel” means the Contractors Representative and all personnel whom the Contractor utilises on Site, who may include the staff, labour and other employees of the Contractor and of each Subcontractor; and any other personnel assisting the Contra
33、ctor in the execution of the Works.1.1.2.8 “Subcontractor” means any person named in the Contract as a subcontractor, or any person appointed as a subcontractor, for apart of the Works; and the legal successors in title to each of these persons.1.1.2.9 “DAB” means the person or three persons so name
34、d in the Contract, or other person(s) appointed under Sub-Clause 20.2 Appointment of the Dispute Adjudication Board or Sub-Clause 20.3 Failure to Agree Dispute Adjudication Board.1.1.2.10 “FIDIC” means the Fdration Internationale des Ingnieurs-Conseils, the international federation of consulting eng
35、ineers.Dates, Tests, Periods and Completion1.1.31.1.3.1“Base Date” means the date 28 days prior to the latest date for submission of the Tender.1.1.3.2 “Commencement Date” means the date notified under Sub-Clause 8.1 Commencement of Works.1.1.3.3 “Time for Completion” means the time for completing t
36、he Works of a Section (as the case may be) under Sub-Clause 8.2 Time for Completion, as stated in the Appendix to Tender (with any extension under Sub-Clause 8.4 Extension of Time for Completion), calculated from the Commencement Date.1.1.3.4 “Test for Completion” means the tests which are specified
37、 in the Contract or agreed by both Parties or instructed as a Variation, and which are carried out under Clause 9 Tests on Completion before the Works or a Section (as the case may be) are taken over by the Employer.1.1.3.5 “Taking-over Certificate” means a certificate issued under Clause 10 Employe
38、rs Taking Over.1.1.3.6 “Test after Completion” means the tests (if any) which are specified in the Contract and which are carried out in accordance with the provisions of the Particular Conditions after the Works or a Section (as the case may be) are taken over by the Employer.1.1.3.7 “Defects Notif
39、ication Period” means the period for notifying defects in the Works or a Section (as the case may be) under Sub-Clause 11.1 Completion of Outstanding Work and Remedying Defects, as stated in the Appendix to Tender (with any extension under Sub-Clause 11.3 Extension of Defects Notification Period), c
40、alculated from the date on which the Works or Section is completed as specified under Sub-Clause 10.1 Taking Over of the Works and Sections.1.1.3.8 “Performance Certificate” means the certificate issued under Sub-Clause 11.9 Performance Certificate.1.1.3.9 “day” means a calendar day and “year” means
41、 365 days.1.1.4Money and Payments1.1.4.1“Accepted Contract Amount” means the amount accepted in the Letter of Acceptance for the execution and completion of the Works and the remedying of any defects.1.1.4.2 “Contract Price” means the price defined in Sub-Clause 14.1 The Contract Price, and includes
42、 adjustments in accordance with the Contract.1.1.4.3 “Cost” means all expenditure reasonably incurred (or to be incurred) by the Contractor, whether on or off the Site, including overhead and similar charges, but does not include profit.1.1.4.4 “Final Payment Certificate” means the payment certifica
43、te issued under Sub-Clause 14.13 Issue of Final Payment Certificate.1.1.4.5 “Final Statement” means the statement defined in Sub-Clause 14.11 Application for Final Payment Certificate.1.1.4.6 “Foreign Currency” means a currency in which part (or all) of the Contract Price is payable, but not the Loc
44、al Currency.1.1.4.7 “Interim Payment Certificate” means a payment certificate issued under Clause 14 Contract Price and Payment, other than the Final Payment Certificate.1.1.4.8 “Local Currency” means the currency of the country.1.1.4.9 “Payment Certificate” means a payment certificate issued under
45、Clause 14 Contract Price and Payment.1.1.4.10 “Provisional Sum” means a sum (if any) which is specified in the Contract as a provision sum, for the execution of any part of the Works or for the supply of Plant, Materials or services under Sub-Clause 13.5 Provisional Sums.1.1.4.11 “Retention Money” m
46、eans the accumulated retention moneys which the Employer retains under Sub-Clause 14.3 Application for Interim Payment Certificates and pays under Sub-Clause 14.9 Payment of Retention Money.1.1.4.12 “Statement” means a statement submitted by the Contractor as part of an application, under Clause 14
47、Contract Price and Payment, for a payment certificate.1.1.5Works and Goods1.1.5.1“Contractors Equipment” means all apparatus, machinery, vehicles and other things required for the execution and completion of the Works and the remedying of any defects. However, Contractors Equipment excludes Temporary Works, Employers Equipment (if any), Plant, Materials and any other things intended to form or form
