国际土木工程建筑承包合同(2)

2019-03-28 12:18

CONTRACT DOCUMENTS 合同文件

5.(1)There shall be stated in Part 1I of these Conditions: 5.1以下要件得在合同第二部分规定:

(a)the language or languages in which the Contract documents shall be drawn up and.

用以起草合同文件的语言;

(b)the country or state,the law of which is to apply to the Contract and according to which

the Contract is to be construed.

合同适用哪个国家的法律以及用哪个国家的法律解释合同。

If the said documents are written in more than one language,the language according to which the Contract is to be construed and interpreted shall also be designated in Part II,being therein designated the “Ruling Language”. 如果文件用一种以上语言作成,用以解释合同的语言也必须在第二部分中规定,且将被寇为“主体语言”。

(2)Except if and to the extent otherwise provided by the Contract,the provisions of the Conditions of Contract Parts Ⅰ and Ⅱshall prevail over those of any other document forming part of the Contract.Subject to the foregoing,the several documents forming the Contract are to be taken as mutually explanatory of one another,but in case of ambiguities or discrepancies the same shall be explained and adjusted by the Engineer who shall thereupon issue to the Contractor instructions thereon.Provided always that if,in the opinion of the Engineer,compliance with any such instructions shall involve the Contractor in any cost,which by reason of any such ambiguity or discrepancy could not reasonably have been foreseen by the Contractor,the Engineer shall certify and the Employer shall pay such additional sum as may be reasonable to cover such costs.

5.2除合同中另有规定外,合同第一、二部分的条款规定优于其他任何构成合同的文件的规定。以上述规定为准,构成合同的数个文件可视为能互相解释,如意思含

糊或不一致时,由工程师解释和处理,并由此向承包人发出指令。如工程师认为,服从此种指令会使承包人发生额外费用,而此种费用是承包人由于上述意思含糊或不一致而按理无法预见的,工程师应予以证明,业主必须支付相应的额外款额以补偿此种费用。

6.(1)The Drawings shall remain in the sole custody of the Engineer,but two copies thereof shall be furnished to the Contractor free of charge.The Contractor shall provide and make at his own expense any further copies required by him.At the completion of the Contract the Contractor shall return to the Engineer all Drawings provided under the Contract.

6.1图纸由工程师独自保管,但须向承包人免费提供两份副本。承包人所需的其余副本由他自己制作并承担费用。合同履行后,承包人须将全部合同图纸归还工程师。 (2)One copy of the Drawings,furnished to 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 the Engineer's Representative and by any other person authorized by the Engineer in writing.

6.2承包人必须将按上述规定所提交的一份图纸副本留在工地,让工程师及其代表,或工程师书面授权的任何其他人在所有合理的时间内查阅使用。

(3)The Contractor shall give written notice to the Engineer whenever planning or progress of the Works' is likely to be delayed or disrupted unless any further drawing or order,including a direction,instruction or approval,is issued by the Engineer within a reasonable time.The notice shall include details of the drawing or order required and of why and by when it is required and of any delay or disruption likely to be suffered if it is late. 6.3如工程师不在适当时间内再提供图纸或命令,包括指示、指令或认可,工程计划或进展便可能被延误或中断时,承包人必须书面通知工程师。通知书中应详细说明所需的图纸或命令,所需原因和时间,以及如果不及时提供而可能造成的任何延误和中断。

(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 order requested

by the Contractor in accordance with subclause(3)of this Clause,the Contractor suffers delay and/or incurs costs then the Engineer shall take such delay into account in determining any extension of time to which the Contractor is entitled under Clause 44 hereof and the Contractor shall be paid the amount of such cost as shall be reasonable.

6.4如承包人按本条第3款规定索要图纸或命令,由于工程师没有或不能在合理时间内

提供,从而导致承包人误工和左戊承担费用,工程师必须考虑此种延误,以决定是否按本合同第44条规定延长承包人的工期,且只要有理由,承包人所承担的此种费用必须得到补偿。

7.The Engineer shall have full power and authority to supply to the Contractor from time to time, during the progress of the Works,such further drawings and instructions as shall be necessary for the purpose of the proper and adequate execution and maintenance of the Works. The Contractor shall carry out and be bound by the same.

7.在施工期间,工程师全权负责随时进一步向承包人提供图纸和指示,以满足工程正常施工和维护所需。承包人必须执行且受图纸和指示的约束。

GENERAL OBLIGATIONS 总义务

8.(1)The Contractor shall,subject to the provisions of the Contract,and with due care and diligence, execute and maintain the Works and provide all labor,including the supervision thereof, materials,Constructional Plant and all other things,whether of a temporary or permanent nature,required in and for such execution and maintenance,so far as the necessity for providing the same is specified in or is reasonably to be inferred from the Contract.

8.1承包人必须根据合同条款,对工程的施工和维护予以应有的注意,且提供此种施工和维护所必需的包括劳动管理在内的所有劳力、材料、施工成套设备及其他一

切物品,不管其是临时或长期性质,只要合同明文规定需要或根据合同合理推断需要。

(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 not be responsible, except as may be expressly provided in the Contract,for the design or specification of the Permanent Works,or for the design or specification of any Temporary Works prepared by the Engineer?

8.2承包人必须对现场操作和施工方法的恰当、稳定及安全性负全部责任。除非合同另有明文规定,承包人对工程师制定的永久性工程的设计或规格,或临建工程的设计或规格概不负责。

9.The Contractor shall,when called upon so to do,enter into and execute a Contract Agreement,to be prepared and completed at the cost of the Employer,in the form annexed with such modification as may be necessary, 9.如经要求,承包人必须签署一承包协议,该协议由业主制定并承担费用,协议应附带必要的修正条款。

10.If,for the due performance of the Contract,the Tender shall contain an undertaking by

the Contractor to obtain,when required,a bond or guarantee of an insurance company or bank, or other approved sureties to be jointly and severally bound with the contractor to the Employer, in a sum not exceeding that stated in the Letter of Acceptance for such bond or guarantee,the said insurance company or bank or sureties and the terms of the said bond or guarantee shall be such as shall be approved by the Employer. The obtaining of such bond or guarantee or theprovision of such sureties and the cost of the bond or guarantee to be so entered into shall be at the expense in all respects of the Contractor,unless the Contract otherwise provides.

10.为正常履行合同,在标书中,承包人应承诺按要求取得保险公司或银行的保单或保函,或其他业经认可由承包人向业主负连带责任的担保,其数额不超过验收证

书中规定的保单或保函额,上述保险公司、银行或担保以及上述保单或保函的条款必须经业主认可。此种保单或保函的取得或担保的提供,以及缔结保单或保函的费用应全部由承包人承担,合同中另有规定的除外。

11.The Employer shall have made available to the Contractor with the Tender documents such data on hydrological and sub-surface conditions as shall have been obtained by or on behalf of the Employer from investigations undertaken relevant to the Works and the Tender shall be deemed to have been based on such data,but the Contractor shall be responsible for his own interpretation thereof.

11.业主必须在招标文件中向承包人提供由业主或其代理人在进行工程考察时获得的水文及地质情况资料,标书必须视为是基于此种资料所制定的,但承包人必须对资料的理解自行负责。

The Contractor shall also 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,before submitting his Tender,as to the form and nature thereof,including the sub-surface conditions,the hydrological and climatic conditions,the extent and nature of work and materials necessary for the completion of the Works,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 of affect his Tender.

承包人也必须被视为已视察了工地及周围环境,查阅了可获得的有关工地资料,且在提交标书前,对一切实际情况,从形式到性质,包括地质条件、水文和气候条件、工程范围和性质以及完成工程所必需的材料、到达工地的交通工具和所需的食宿等感到满意,总之,承包人必须被视为已得到所有必要的资料,除涉及上述情况外,还涉及风险、意外事件及其他一切可能影响其投标的情况。

12.The Contractor shall be deemed to have satisfied himself before tendering as to the correctness and sufficiency of his Tender for the Works and of the


国际土木工程建筑承包合同(2).doc 将本文的Word文档下载到电脑 下载失败或者文档不完整,请联系客服人员解决!

下一篇:产业经济学实验报告结稿

相关阅读
本类排行
× 注册会员免费下载(下载后可以自由复制和排版)

马上注册会员

注:下载文档有可能“只有目录或者内容不全”等情况,请下载之前注意辨别,如果您已付费且无法下载或内容有问题,请联系我们协助你处理。
微信: QQ: