毕业论文英文翻译举例(FIDIC合同一般规定)工程、管理等专业

学 生 毕 业 设 计（论 文）英 文 翻 译课题名称 施工项目的成本控制姓 名 XXXX学 号 XXXXXXX院、系、部 XXXXXXXX专业班级 XXXX指导教师XXX2013 年 5月※※※※※※※※※※※ ※※ ※※ ※※※※※※※※※ 2013届学生毕业设计(论文)材料（六）The construction project cost control1 IntroductionProject is a corporate image window and effectiveness of the source. With increasingly fierce market competition, the quality of work and the construction of civilizations rising material prices fluctuations. uncertainties and other factors, make the project operational in a relatively tough environment. So the cost of control is through the building of the project since the bidding phase of acceptance until the completion of the entire process, It is a comprehensive enterprise cost management an important part, we must organize and control measures in height to the attention witha view to improving the economic efficiency of enterprises to achieve the purpose.2 Outlining the construction project cost controlThe cost of the project refers to the cost and process of formation occurred, on the production and operation of the amount of human resources, material resources and expenses, guidance, supervision, regulation and restrictions, in a timely manner to prevent, detect and correct errors in order to control costs in all project costs within the intended target. to guarantee the production and operation of enterprises benefits.3 The cost of the construction enterprise principles of construction enterprises controlThe cost of control is based on cost control of construction project for the center, Construction of the project cost control principle is the enterprise cost management infrastructure and the core, Construction Project Manager in the Ministry of Construction of the project cost control process, we must adhere to the following basic principles.1）Principles lowest cost. Construction of the project cost control, the basic purpose is to cost management through various means, promote construction projects continue to reduce costs, to achieve the lowest possible cost of the objective requirements. The implementation of the principle of minimum cost, attention should be given to the possibility of reducing costs and reasonable cost of the minimum.While various mining capacity to reduce costs so that possibility into reality; The other must proceed from actual conditions, enacted subjective efforts could achieve a reasonable level of the minimum cost.2）Overall cost control principles. Cost Management is a comprehensive enterprise-wide, and full management of the entire process, also known as the "three" of management. The full project cost control is a system of substantive content, including the departments, the responsibility for the network and team economic accounting, and so on, to prevent the cost control is everybody's responsibility, regardless of everyone. Project cost of the entire process control requirements to control its costs with the progress of construction projects in various stages of continuous, neither overlooked nor time when, should enable construction projects throughout costs under effective control.3）Dynamic Control principle. Construction of the project is a one-time, cost control should emphasize control of the project in the middle, that is, dynamic control. Construction preparation stage because the cost is under the control of construction design to determine the specific content of the cost, prepare cost plans, the development of a cost-control program for the future cost control ready. And the completion of phase cost control, as a result of cost financing has been basically a foregone conclusion, even if the deviation has been too late to rectify.4）Principle of management by objectives. Management objectives include : setting goals and decomposition, the goal of responsibility and implementation of the aims of the inspection results of the implementation, evaluation of the goals and objectives that form the management objectives of the planning, implementation, inspection, processing cycle, PDCA.5）Responsibility, authority, in light of the profit principle. Construction of the project, project manager of the department, the team shouldering the responsibility for cost control at the same time, enjoy the power of cost control, project manager for the department, Teams cost control in the performance of regular examination andappraisal of implementation of a crossword punishment. Only to do a good job duties, rights, and interests combining cost control, in order to achieve the desired results.4 The construction cost control measuresProject Manager of the project cost management responsibility for the first, comprehensive organization of the project cost management, timely understand and analyze profit and loss situation and take prompt and effective measures; engineering technology department should ensure the quality, Regular tasks to complete as much as possible under the premise adopt advanced technology in order to reduce costs; Ministry of Economic Affairs should strengthen budget management contract, the project to create the budget revenue; Finance Ministry in charge of the project's financial, Analysis of the project should keep the financial accounts of reasonable scheduling of funds.Develop advanced economies reasonable construction program, which can shorten the period, and improve quality, reduce costs purpose; paid attention to quality control to eliminate redone, shorten the acceptance and reduce expenses; control labor costs, material costs, Machinery and other indirect costs.5 Strengthen project cost control practical significance1）Strengthen project cost control railway construction enterprises out of their predicament, the need to increase revenue. At present, the railway construction enterprises just into the market, to participate in market competition, will face a tough test of the market. Now the construction market liberalization, implement bidding system, and the strike has very low weight, To create efficiency is the only way to strengthen internal management and improve their internal conditions, internal efficiency potentials. Therefore, the strengthening of project cost control is a very realistic way.2）Strengthening Project Cost control is adapt to the market competition, and strengthening internal management to the needs of their work. With the railway enterprise's rapid development, construction increasingly fierce market competition.For a period of time, the railway construction enterprises will face the increasingly fierce market challenges Construction of the business environment difficult to be improved. Efficiency increases, effective cost control and claims will be strengthened in the future management focus. This requires the railway construction enterprises should respect the unity of the work to reduce costs and enhance efficiency objectives.6 Currently construction enterprise project cost control analysis of the current project cost6.1 Problems and the causes of the current project implementationIn summary, the current project of cost management, accounting only after the accounting, rather than advance the prevention and control things. The reasons are : lack of cost awareness. simply that the cost of management is the financial sector or the superior leadership, have nothing to do with them. only focused on the "production tasks are completed" and "contracting profit and loss," the groups have a "negative effect." Therefore, project to mobilize the full participation of the Ministry of cost control, deepening of the project cost management imperative.6.2 Project Department analysis of the reasons for the losses as a project of building productsCommodities direct producers, both under the contract and construction drawings, self-regulating organizations of the construction authority, but also by contracting, design, Enterprises and other projects related to the construction of the units affected and constrained. In addition, geological and climate changes, Design changes, but on objective factors of the construction projects have a significant impact, and all of the above factors will affect the cost of project expenditures.6.2.1 Lost control of the cost of the so-called subjective reasons,Subjective reasons refer to the project, can not dispose of any external influence on the control of the costs, As mentioned above the project with the Ministry of Construction for the autonomy of the cost. mainly include the following aspects :1）No strict cost control of the overall goal or no cost control goals. Most of the loss items Department head, there is no cost control goals. Although some but not strictly enforced, thus the cost of the project is out of control.2）Materials, spare parts planning, procurement, inspection, custody, out of the reservoir, consumption of the system is not sound. the loss of the item, the purchase of materials and accessories unplanned phenomenon abound. procurement lies in the number of project managers even material, the result is bound to lead to a backlog of material, cost overruns.3）Serious quality problems. serious losses Project Department, almost all relatively serious quality problems, resulting in rework, repair, It seems a repetition of construction, increase the costs of construction. For example, in the bridge construction, there is the basis sank, Pier deflect such phenomena.4）Unreasonable arrangements. During the construction process, the project was not in a reasonable allocation of manpower, materials, equipment and other resources. lead to a waste of sabotage work; Construction of the manufacturing arrangements unreasonable to step in to complete the actual conduct of the second, three complete, the resulting redone, and so on.5）More accidents. the loss of the item, Most of the projects have occurred in the Department of varying degrees of security incidents and minor injuries affected employees work injuries have affected staff work, Also the cost of medical expenses, but can also enable the staff of physical and skills decline, reduced labor and labor efficiency; fatal accidents resulting in huge pension costs to be incurred, directly increasing costs, and may also affect sentiment reduce production efficiency.6）Contract management confusion. the loss of the item, Most of the projects the Ministry failed contract management awareness, knowledge of the contract, and have little do not understand the basic elements of the contract, contract management led to confusion, enterprises suffered huge economic losses.6.2.2 The influence of objective factors of the project is to increase the total cost of a connection so-called objective factorsProject Department is unable to control its own and must take place or because there are things or phenomena, such as contracting, design, enterprises in terms of the contract for the project outside the Ministry of Construction issued the directive, geological and climate changes, Design changes such. These factors for the emergence of the cost incurred, Project Department is not the objective to control costs. These factors are :1）Costs. Some enterprises in order to gain access to a particular market in the qualifications, thereby meeting the quality of construction projects built on the premise that right to take the tender bid price is lower than the cost of bidding strategy for the final bidding process, in the operating strategy is bound to happen, but projects are concerned, no matter what steps are taken it will be difficult to make these projects profitable.2）Geological and Climate changes. the geological conditions are inconsistent with the design, Projects will be forced to change the construction method, thus affecting the construction period, so that the total project costs. the same time will also cost breakdown of a larger change. Winter, Construction of the rainy season and the number of days of sandstorms construction increase, the Ministry will allow the project to increase various fees.3）Design changes. various engineering design changes so that the project will cost changes affect the total project cost. For example, contracting unit to increase the number of extend or shorten the construction period. changes in construction plans and projects to improve the quality of grading, etc..4）Construction design less reasonable. As a construction site with the actual difference individual projects in construction design at the time of the existence of irrational phenomena, such as the personnel, materials, equipment arrangements and plans for the accuracy of individual projects or processes of the time, the lack of quality considerations. Projects can make the cost increase.5）Sabotage work of the project. As work on the link between tasks or for other reasons, Projects have some sabotage work, in this period sabotage work needed to meet various costs, such as wages or basic living expenses. fixed asset depreciation charges, indirect costs of the project. Projects6.3 Containment measures for the lossContainment measures for the loss of containment for a variety of reasons over the project losses, in accordance with the requirements of clear responsibilities, Projects should control the cost of the project is able to cost control measures were taken. for a project to control the cost of the project by the Ministry of control; and the project beyond the control of the costs or losses, by the enterprises should take measures to control it.6.3.1 Construction projects to the Ministry of the so-called cost control measures to the Ministry of Construction of the project.Construction projects to the Ministry of the so-called cost control measures to the Ministry of Construction of the project.refer to enterprises directly organized by the staff and farmers contract workers, temporary workers and the labor force composed of the internal construction team, mixed construction team and construction services sub-teams composed of Construction Projects.1）Determine the total project cost targets and the profit and loss targets. Every one of the successful projects, in a formal pre-construction, identify the project and sub-project for the dates, materials, equipment and identify the project and sub-project of the labor, materials, machinery and indirect costs. On this basis, The project will determine the profit or loss targets.2）Implemented material bidding procurement. Projects must thoroughly change the past, piecemeal purchase goods, the enterprises of all projects, including the main material to build on all the tender for the procurement, Obviously choice of material suppliers. Meanwhile, we should fully consider the time value of money. choose a suitable form of payment.3）Controllable according to the principle of cost control. The Ministry of Construction of the project team and staff, In accordance with the principle of cost control and distinguish the project department, the construction team and the staff of the costs of monovalent responsibility, including dates Price, Materials Unit, select the unit and units, or fixed rates. We must strictly enforce the internal inspection system for pricing, timely construction team and staff honored economic interests.4）Enhance safety, and quality management. Projects must establish security, Quality is the major benefits of efficiency. actively prevent and avoid possible security, quality accidents, for the accident-prone regions of constant surveillance. to strictly implement the responsibility for the accident the penalty system so that all staff clearly establish the safety, quality consciousness.5）Strengthen contract management. All of the projects, In particular, the main sub-projects of the need for a designated person responsible for contract management, In addition to the timely settlement or deal with the things, with the other units or individuals from the economic, technical, labor matters, must sign the formal contract, not with the verbal agreement. at the contract process, should act in strict accordance with the relevant provisions of the contract for disposal.6）Improve the management system, establish a cost-control mechanism. Projects must connect with reality, the development and control of the cost to draw up rules and regulations, such as material procurement, custody, inspection, warehousing, consumption system, the labor remuneration management systems, equipment management, financial management, accounting, security, quality management approach, the post-mortem valuation methods, and to establish the cost of the project department of internal control and supervision mechanisms.6.3.2 Construction of the sub-item of cost control measures in the so-called sub-Construction Projects1）Determined in accordance with the assembly The objectives of the sub-projects to determine the price.2）Allocated in strict accordance with the requirements of the project and the clearing. Projects must be in accordance with the provisions of the contract settlement price of the project, completion of the sub-units of qualified engineering post-mortem will be conducted on a monthly basis for the valuation and then clearing projects, sub-units will not be allowed to advance baiting, and for projects.3）Strictly prohibited construction of external units link . Projects must be in accordance with the requirements of enterprises, prohibit external units linked to various forms of external construction enterprises. Any item shall not allow the Ministry of External units to enterprises in the name of contractor carry out projects, the post-mortem pricing and settlement payments.7 On how to conduct effective cost control7.1 Segmentation project costOptimal allocation of project resources project allocation of resources is directly related to cost control methods and extent of For many of the ongoing state-controlled construction of large enterprises, Basically, the cost of the project is a subcontractor costs and cost of the construction team, and the enterprises is the main source of economic control subcontractor costs. Team Construction costs are often difficult to create cost-effective. both how the mix, the cost of the project into how, This enterprise is the key to cost control problems.7.2 The development of a cost planA cost of the complete dynamic control costs and responsibilities of sub-division and the initial cost of the two identified some of the costs, To work out the total cost of the scheme, the total cost of the scheme is in addition to covering the costs and responsibilities of sub-cost, should also consider funding the project site, the higher management fees, taxes and other factors. The total cost will be divided into two parts :1）Uncontrollable cost of the project : it refers to taxes, the higher management fees can not be subjective project management control;2）Controllable cost of the project : the total cost of the scheme, apart from the uncontrollable costs other than the full cost, such as subcontracting costs, responsibility for the cost, on-site expenses.Controllable costs are focused on cost control, controllable cost of the project is planned prior to the commencement of the construction time, construction, construction design based on. Along with the progress of works and that will happen if the construction program improvement works to change, to build factors such as rising price changes. So for the cost of plans to conduct timely adjustment, the cost of the scheme is to ensure that the guidance and control, in the adjustment should pay more attention to analysis of the different factors changes to the original cost of the scheme is the extent of the effect.7.4 Conduct a cost analysis, improve enterprise cost management level after the end of constructionAccording to the total cost of the scheme and controllable cost plan and the final actual cost comparison analysis, cost analysis charts available in various forms, such as comparative analysis not only to the total cost, but also to process cost analysis, but mainly to process analysis, process reached higher or lower cost reasons.1）First analyze the conditions for the construction, Construction programs, materials price changes caused by changes in the unit price for the process, collecting the introduction of new technology, new techniques, and new materials processes cost information;2）Followed by the subjective determination of the cost comparison part of the process the price analysis by the enactment of the unreasonable result of the high or low price processes, while accumulation of written information, for the future development of similar projects the cost of the scheme;3）Sub-units of information collection and evaluation of sub-contractors, prepared, "the roster of qualified sub-contractors" for future similar projects to choose subcontractors and sub-development costs;4）Summary subcontracting costs and responsibility cost data, after screening analysis for enterprise Bidding reference.8. Summary of the construction project cost controlSummary of the construction project cost control is a complicated systematic project. the application needed to be applied with flexibility the actual operation be adapted to local conditions, different sizes, different construction firms and different management systems have differences, But in any case are the construction of the production and operation of enterprises in the amount of human resources, material resources and expenses, guidance, supervision, regulation and restriction. Therefore, "increases production and economize, to increase revenues and reduce expenditures" is a common construction enterprises, This requires constant practice in the review and improve cost control, ways and means to ensure that the project cost goals.施工项目的成本控制1 引言项目是企业的形象窗口和效益源泉。

fidic工程合同范本中英一、FIDIC 工程合同范本简介FIDIC 工程合同范本是一套国际通用的标准合同文件，旨在为工程项目的业主和承包商之间提供公平、合理和透明的合同框架。

这些合同范本涵盖了工程项目的各个方面，包括工程设计、施工、设备采购、质量控制、进度管理、费用支付等。

FIDIC 合同范本的特点包括：1. 强调合同双方的平等地位和权利义务的平衡。

2. 注重风险管理，合理分配项目风险。

3. 规定了详细的合同管理程序和争议解决机制。

4. 具有较高的通用性和适应性，可以根据具体项目的特点进行适当的修改和调整。

二、FIDIC 工程合同范本的主要版本FIDIC 发布了多个版本的工程合同范本，其中较为常用的包括：三、FIDIC 工程合同范本的部分条款示例（中英文对照）1. 合同价格The Contract Price shall be the sum of the Accepted Contract Amount and such additions and deductions as may be made in accordance with the Contract.合同价格应为中标合同金额，加上根据合同可能做出的增减金额。

2. 预付款The Employer shall make an advance payment, as an interest-free loan for mobilization and design, to the Contractor within 42 days after receiving the Performance Security and signing the Contract Agreement.雇主应在收到履约保证和签署合同协议书后 42 天内，向承包商支付一笔预付款，作为动员和设计的无息贷款。

3. 期中支付证书The Contractor shall submit to the Engineer a Statement at monthly intervals, in six copies, showing the amounts to which the Contractor considers himself to be end in respect of the work executed during the previous month.承包商应每月向工程师提交一式六份报表，说明承包商认为自己在上个月已完成的工程应得到的款项。

CONTENTS1General Provisions一般规定 (6)1.1Definitions定义 (6)1.2Interpretation解释 (11)1.3Communications通信交流 (12)1.4Law and Language法律和语言 (12)1.5Priority of Document文件优先次序 (13)1.6Contract Agreement合同协议书 (13)1.7Assignment权益转让 (14)1.8Care and Supply of Document文件的照管和提供 (14)1.9Confidentiality保密性 (14)1.10Employer’s Use of Contractor’s Documents雇主使用承包商文件 (15)1.11Contractor’s Use of Employer’s Documents承包商使用雇主文件 (15)1.12Confidential Details保密事项 (16)1.13Compliance with Laws遵守法律 (16)1.14Joint and Several Liability共同的和各自的责任 (16)2The Employer雇主 (17)2.1Right of Access to the Site现场进入权 (17)2.2Permits, Licences or Approves许可、执照或批准 (18)2.3Employer’s personnel雇主人员 (18)2.4Employer’s Financial Arrangements雇主的资金安排 (19)2.5Employer’s Claims雇主的索赔 (19)3The Employer’s Administration雇主的管理 (20)3.1The Employer’s Representative雇主代表 (20)3.2The Employer’s personnel其他雇主人员 (20)3.3Delegated Persons受托人员 (21)3.4Instructions指示 (21)3.5Determinations确定 (22)4The Contractor承包商 (22)4.1The Contractor’s General Obligations承包商的一般义务 (22)4.2Performance security履约担保 (23)4.3Contractor’s Representative承包商代表 (24)4.4Subcontractors分包商 (25)4.5Nominated Subcontractors指定的分包商 (25)14.6Co-operation合作 (26)4.7Setting out放线 (27)4.8Safety procedures安全程序 (27)4.9Quality Assurance质量保证 (27)4.10Site Data现场数据 (28)4.11Sufficiency of the Contract Price合同价格 (28)4.12Unforeseeable Difficulties不可预见的困难 (28)4.13Rights of way and Facilities道路通行权于设施 (29)4.14Avoidance of Interference避免干扰 (29)4.15Access Route进场通路 (30)4.16Transport of Goods货物运输 (30)4.17Contractor’s Equipment承包商设备 (31)4.18Protection of the Environment环境保护 (31)4.19Electricity, Water and Gas电、水和燃气 (31)4.20Employer’s Equipment and Free-Issue Material雇主设备和免费供应的材料 (32)4.21Progress Reports进度报告 (33)4.22Security of the Site现场保安 (34)4.23Contractor’s Operations on Site承包商的现场作业 (34)4.24Fossils化石 (35)5Design设计 (35)5.1General Design Obligations设计义务一般要求 (36)5.2Contractor’s Documents承包商文件 (36)5.3Contractor’s Undertaking承包商的承诺 (38)5.4Technical Standards and Regulations技术标准和法规 (38)5.5Training培训 (39)5.6As-Built Documents竣工文件 (39)5.7Operation and Maintenance Manuals操作和维修手册 (39)5.8Design Error设计错误 (40)6Staff and Labour员工 (40)6.1Engagement of Staff and Labour员工的雇用 (40)6.2Rates of Wages and Conditions of Labour工资标准和劳动条件 (40)6.3Persons in the Service of Employer为雇主服务的人员 (41)6.4Labour Laws劳动法 (41)6.5Working Hours工作时间 (41)6.6Facilities for Staff and Labour为员工提供设施 (41)6.7Health and Safety健康和安全 (42)6.8Contractor’s Superintendence承包商的监督 (42)6.9Contractor’s Personnel承包商人员 (43)6.10Records of contractor’s Personnel and Equipment承包商人员和设备的记录 (43)6.11Disorderly Conduct无序行为 (44)7Plant, Materials and Workmanship生产设备、材料和工艺 (44)27.1Manner of Execution实施方法 (44)7.2Samples样品 (44)7.3Inspection检验 (45)7.4Testing试验 (45)7.5Rejection拒收 (46)7.6Remedial Work修补工作 (47)7.7Ownership of Plant and Materials生产设备和材料的所有权 (47)7.8Royalties土地(矿区)使用费 (48)8Commencement,Delays and Suspension开工、延误和暂停 (48)8.1Commencement of Works工程的开工 (48)8.2Time for Completion竣工时间 (49)8.3Programme进度计划 (49)8.4Extension of Time for Completion竣工时间延长 (50)8.5Delays Caused by Authorities当局造成的延误 (51)8.6Rate of Progress工程进度 (51)8.7Delay Damages误期损害赔偿费 (52)8.8Suspension of Work暂时停工 (52)8.9Consequences of Suspension暂停的后果 (53)8.10Payment for Plant and Materials in Event of Suspension暂停时对生产设备和材料的付款 (53)8.11Prolonged Suspension托长的暂停 (54)8.12Resumption of Work复工 (54)9Tests on Completion竣工试验 (54)9.1Contractor’s Obligations承包商的义务 (54)9.2Delayed Tests延误的试验 (55)9.3Retesting重新试验 (56)9.4Failure to Pass Tests on Completion未能通过竣工试验 (56)10Employer’s Taking Over雇主的接收 (57)10.1Taking Over of the Works and Sections工程和分项工程的接收 (57)10.2Taking Over of Parts of the Works部分工程的接收 (58)10.3Interference with Tests on Completion对竣工试验的干扰 (58)11Defects Liability缺陷责任 (59)11.1Completion of Outstanding Work and Remedying Defects完成扫尾工作和修补缺陷 (59)11.2Cost of Remedying Defects修补缺陷的费用 (59)11.3Extension of Defects Notification Period缺陷通知期的延长 (60)11.4Failure to Remedy Defects未能修补的缺陷 (60)11.5Removal of Defective Work移出有缺陷的工程 (61)11.6Further Tests进一步试验 (61)11.7Right of Access进入权 (62)11.8Contractor to Search承包商调查 (62)311.9Performance Certificate履约证书 (62)11.10Unfulfilled Obligations未履行的义务 (63)11.11Clearance of Site现场清理 (63)12Tests after Completion竣工后试验 (63)12.1Procedure for Tests after Completion竣工后试验的程序 (63)12.2Delayed Tests延误的试验 (64)12.3Retesting重新试验 (65)12.4Failure to Pass Tests after Completion未能通过的竣工后试验 (65)13Variations and Adjustments变更和调整 (66)13.1Right to Vary变更权 (66)13.2Value Engineering价值工程 (67)13.3Variation Procedure变更程序 (67)13.4Payment in Applicable Currencies以适用货币支付 (68)13.5Provisional Sums暂列金额 (68)13.6Daywork计日工作 (69)13.7Adjustments for Changes in Legislation因法律改变的调整 (69)13.8Adjustments for Changes in Cost因成本改变的调整 (70)14Contract price and Payment合同价格和支付 (70)14.1The Contract Price合同价格 (70)14.2Advance payment预付款 (71)14.3Application for Interim Payments期中付款的申请 (72)14.4Schedule of Payments付款价格表 (73)14.5Plant and Materials intended for the Works拟用于工程的生产设备和材料 (73)14.6Interim Payments期中付款 (74)14.7Timing of Payments付款的时间安排 (75)14.8Delayed Payment延误的付款 (75)14.9Payment of Retention Money保留金支付 (76)14.10Statement at Completion施工报表 (76)14.11Application for Final Payment最终付款的申请 (77)14.12Discharge结清证明 (78)14.13Final Payment最终付款 (78)14.14Cessation of Employer’s Liability雇主责任的中止 (78)14.15Currencies of Payment支付的货币 (79)15Termination by Employer由雇主终止 (80)15.1Notice to Correct通知改正 (80)15.2Termination by Employer由雇主终止 (80)15.3Valuation at Date of Termination终止日期时的估价 (82)15.4Payment after Termination终止后的付款 (82)15.5Employer’s Entitlement to Termination雇主终止的权利 (82)416Suspension and termination by Contractor由承包商暂停和终止 (83)16.1Contractor’s Entitlement to Suspend Work承包商暂停工作的权利 (83)16.2Termination by Contractor由承包商终止 (84)16.3Cessation of Work and Removal of Contractor’s Equipment停止工作和承包商设备的撤离 (85)16.4Payment on Termination终止时的付款 (85)17Risk and Responsibility风险和职责 (85)17.1Indemnities保障 (86)17.2Contractor’s Care of the Works承包商对工程的照管 (86)17.3Employer’s Risks雇主的风险 (87)17.4Consequence of Employer’s Risks雇主风险的后果 (88)17.5Intellectual and Industrial Property Rights知识产权和工业产权 (88)17.6Limitation of Liability责任限度 (89)18Insurance保险 (90)18.1General Requirements for Insurances有关保险的一般要求 (90)18.2Insurance for Works and Contractor’s Equipment工程和承包商设备的保险 (92)18.3Insurance against Injury to Persons and Damage to Property人身伤害和财产损害险 (94)18.4Insurance for Contractor’s Personnel承包商人员的保险 (95)19Force Majeure不可抗力 (95)19.1Definition of Force Majeure不可抗力的定义 (95)19.2Notice of Force Majeure不可抗力的通知 (96)19.3Duty to Minimise Delay将延误减至最小的义务 (97)19.4Consequences of Force Majeure不可抗力的后果 (97)19.5Force Majeure Affecting Subcontractor不可抗力影响分包商 (97)19.6Optional Termination, Payment and Release自主选择终止、支付和解除 (98)19.7Release from Performance under the Law根据法律解除履约 (99)20Claims, Disputes and Arbitration索赔、争端和仲裁 (99)20.1Contractor’s Claims承包商的索赔 (99)20.2Appointment of the Dispute Adjudication Board争端裁决委员会的任命 (101)20.3Failure to Agreement Dispute Adjudication Board对争端裁决委员会未能取得一致时 (102)20.4Obtaining Dispute Adjudication Board’s Decision取得争端裁决委员会的决定 (103)20.5Amicable Settlement友好解决 (104)20.6Arbitration仲裁 (104)20.7Failure to Comply with Dispute Adjudication Board’s Decision未能遵守争端裁决委员会的决定 (105)20.8Expiry of Dispute Adjudication Board’s Appointment争端裁决委员会任命期满 (106)51General Provisions一般规定1.1Definitions定义In the Conditions of Contract (“these Conditions”), which include Particular Conditions and these General Conditions, the following words and expressions shall have the meaning stated. Words indicating persons or parties include corporation and other legal entities, except where the context requires otherwise.在合同条件（“本条件”），包括专用条件和通用条件中，下列词语和措辞应具有以下所述的含义.除上下文另有要求外，文中人员或当事各方等词语包括公司和其他合法实体.1.1.1The Contract合同1.1.1.1“Contract” means the Contract Agreement, these Conditions, the Employer’s Requirement,the Tender, and further document (if any) which are listed in the Contract Agreement.“合同”系指合同协议书、本条件、雇主要求、投标书和合同协议书列出的其他文件（如果有）.1.1.1.2“Contract Agreement” means the contract agreement referred to in Sub-Clause 1.6[Contract Agreement], including any annexed memoranda.“合同协议书”系指第1.6款[合同协议书]中所述的合同协议书及所附各项备忘录.1.1.1.3“Employer’s requirements” means the document entitled employer’s requirements, asincluded in the Contract, and any additions and modifications to such document in accordance with the Contract. Such document specifies the purpose, scope, and/or design and/or other technical criteria, for the Works.“雇主要求”系指合同中包括的，题为雇主要求的文件，其中列明工程的目标、范围、和（或）设计和（或）其他技术标准，以及按合同对此项文件所作的任何补充和修改.1.1.1.4“Tender” means the Contractor’s signed offer for the Works and all other documents whichthe Contractor submitted therewith (other than these Conditions and Employer’s Requirements, if so submitted), as included in the Contract.“投标书”系指包含在合同中的由承包商提交的为完成工程签署的报价，以及随同提交的所有其他文件（本条件和雇主要求除外，如同时提交）.1.1.1.5“Performance Guarantees” and “Schedule of payments” mean the documents so named(if any), as included in the Contract.“履约保证”和“付款计划表”系指合同中包括的具有上述名称的文件（如果有）.1.1.2Parties and Persons各方和人员61.1.2.1“Party” means the Employer or the Contractor, as the context requires.“当事方（或一方）”根据上下文需要，或指雇主，或指承包商。

fidic合同英文笔记FIDIC (International Federation of Consulting Engineers) contracts are standard forms of contracts widely used in the international construction industry. These contracts provide a structured framework for the management of construction projects, including provisions for the allocation of risks and responsibilities between the parties involved.FIDIC合同是国际建筑工程领域广泛使用的标准合同形式。

这些合同为建筑工程项目的管理提供了一个结构化的框架，包括各方之间风险和责任的分配规定。

One of the key characteristics of FIDIC contracts is their flexibility and adaptability to different types of construction projects. This is particularly important in the context of international projects, where the legal and regulatory frameworks can vary significantly from one country to another. FIDIC contracts provide a set of standard terms and conditions that can be tailored to specific project requirements, thus ensuring a fair and balanced allocation of risks among the parties involved.FIDIC合同的一个关键特点是其灵活性和适应不同类型建筑工程项目的能力。

FOREWORD前言 (补充译文)The terms of the Fourth Edition of the Conditions of Contract for Works of Civil Engineering Construction have been prepared by the Fédération Internationale des Ingénieurs Conseils (FIDIC) and are recommended for general use for the purpose of construction of such works where tenders are invited on an intemational basis. The Conditions, subject to minor modifications, are also suitable for use on domestic contracts.土木工程施工合同条件的第四版已由国际咨询工程师联合会（以下简称为FIDIC）起草完成，并被推荐为以国际性招标为主的同类工程施工的通用条件，如果稍加修改，也适用于国内的招标合同。

The version in English of the Conditions is considered by FIDIC as the official and authentic text for the purpose of translation.本条件的英文版本, FIDIC已将其作为正式的和有效的语言文本，以用于翻译之目的。

In the preparation of the Conditions it was recognised that while there are numerous Clauses which will be generally applicable there are some Clauses which must necessarily vary to take account of the circumstances and locality of the Works. The Clauses of general application have been grouped together in this document and are referred to as Part I - General Conditions. They have been printed in a form which will facilitate their inclusion as printed in the contract documents normally prepared.在对本条件准备的过程中，发现多数条款是可以通用的，同时还考虑到工程所处的不同环境和地区须对某些条款加以必要的改动。

fidic工程合同范本中英通用条件General Conditions1. 定义1. DefinitionsIn this contract, unless the context otherwise requires, the following words have the following meanings:“雇主”指[雇主名称]。

"The Employer" means [name of the Employer].“承包商”指[承包商名称]。

"The Contractor" means [name of the Contractor].2. 合同文件的优先次序2. Priority of Contract DocumentsThe documents constituting the contract shall be mutually explanatory and in case of ambiguity or discrepancy, the following priority order shall apply for interpretation:(a) 合同协议书；(a) The Contract Agreement;(b) 中标函；(b) The Letter of Acceptance;(c) 投标书；(c) The Tender.3. 工程师的权力和职责3. Powers and Duties of the Engineer工程师应履行合同中规定的职责和权力。

The Engineer shall perform the duties and exercise the powers provided in the contract.专用条件Particular Conditions1. 工程范围1. Scope of Works详细描述本合同所涵盖的工程范围。

CONTENTS目录1General Provisions一般规定1定义1解释7通信交流71.4Law and Language法律和语言81.5Priority of Document文件优先次序81.6Contract Agreement合同协议书9权益转让91.8Care and Supply of Document文件的照管和提供9XX性101.10Employer’s Use of Contractor’s Documents雇主使用承包商文件101.11Co ntractor’s Use of Employer’s Documents承包商使用雇主文件111.12Confidential DetailsXX事项111.13Compliance with Laws遵守法律111.14Joint and Several Liability共同的和各自的责任122The Employer雇主122.1Right of Access to the Site现场进入权132.2Permits, Licences or Approves许可、执照或批准142.3Employer’s personnel雇主人员142.4Employer’s Finan cial Arrangements雇主的资金安排152.5Employer’s Claims雇主的索赔153The Employer’s Administration雇主的管理163.1The Employer’s Representative雇主代表163.2The Employer’s personnel其他雇主人员163.3Delegated Persons受托人员17指示17确定184The Contractor承包商184.1The Contrac tor’s General Obligations承包商的一般义务184.2Performance security履约担保194.3Contractor’s Representative承包商代表20分包商214.5Nominated Subcontractors指定的分包商22合作224.7Setting out放线234.8Safety procedures安全程序234.9Quality Assurance质量保证244.10Site Data现场数据244.11Sufficiency of the Contract Price合同价格254.12Unforeseeable Difficulties不可预见的困难254.13Rights of way and Facilities道路通行权于设施264.14Avoidance of Interference避免干扰264.15Access Route进场通路264.16Transport of Goods货物运输274.17Contractor’s Equipment承包商设备284.18Protection of the Environment环境保护284.19Electricity, Water and Gas电、水和燃气284.20Employer’s Equipment and Free-Issue Material雇主设备和免费供应的材料294.21Progress Reports进度报告304.22Security of the Site现场保安314.23Contractor’s Operations on Site承包商的现场作业31化石325Design设计335.1General Design Obligations设计义务一般要求335.2Contractor’s Documents承包商文件345.3Contractor’s Undertaking承包商的承诺355.4Technical Standards and Regulations技术标准和法规35培训365.6As-Built Documents竣工文件365.7Operation and Maintenance Manuals操作和维修手册375.8Design Error设计错误376Staff and Labour员工386.1Engagement of Staff and Labour员工的雇用386.2Rates of Wages and Conditions of Labour工资标准和劳动条件386.3Persons in the Service of Employer为雇主服务的人员386.4Labour Laws劳动法386.5Working Hours工作时间396.6Facilities for Staff and Labour为员工提供设施396.7Health and Safety健康和安全396.8Contractor’s Superintendence承包商的监督406.9Contractor’s Personnel承包商人员406.10Records of contractor’s P ersonnel and Equipment承包商人员和设备的记录416.11Disorderly Conduct无序行为417Plant, Materials and Workmanship生产设备、材料和工艺427.1Manner of Execution实施方法42样品42检验42试验43拒收447.6Remedial Work修补工作457.7Ownership of Plant and Materials生产设备和材料的所有权45土地(矿区)使用费468Commencement,Delays and Suspension开工、延误和暂停468.1Commencement of Works工程的开工468.2Time for Completion竣工时间47进度计划478.4Extension of Time for Completion竣工时间延长488.5Delays Caused by Authorities当局造成的延误498.6Rate of Progress工程进度498.7Delay Damages误期损害赔偿费508.8Suspension of Work暂时停工508.9Consequences of Suspension暂停的后果518.10Payment for Plant and Materials in Event of Suspension暂停时对生产设备和材料的付款518.11Prolonged Suspension托长的暂停528.12Resumption of Work复工529Tests on Completion竣工试验529.1Contractor’s Obligations承包商的义务529.2Delayed Tests延误的试验54重新试验549.4Failure to Pass Tests on Completion未能通过竣工试验5410Employer’s Taking Over雇主的接收5510.1Taking Over of the Works and Sections工程和分项工程的接收5510.2Taking Over of Parts of the Works部分工程的接收5610.3Interference with Tests on Completion对竣工试验的干扰5611Defects Liability缺陷责任5711.1Completion of Outstanding Work and Remedying Defects完成扫尾工作和修补缺陷5711.2Cost of Remedying Defects修补缺陷的费用5811.3Extension of Defects Notification Period缺陷通知期的延长5811.4Failure to Remedy Defects未能修补的缺陷5911.5Removal of Defective Work移出有缺陷的工程6011.6Further Tests进一步试验6011.7Right of Access进入权6011.8Contractor to Search承包商调查6011.9Performance Certificate履约证书6111.10Unfulfilled Obligations未履行的义务6111.11Clearance of Site现场清理6212Tests after Completion竣工后试验6212.1Procedure for Tests after Completion竣工后试验的程序6212.2Delayed Tests延误的试验63重新试验6412.4Failure to Pass Tests after Completion未能通过的竣工后试验6413Variations and Adjustments变更和调整6513.1Right to Vary变更权6513.2Value Engineering价值工程6613.3Variation Procedure变更程序6613.4Payment in Applicable Currencies以适用货币支付6713.5Provisional Sums暂列金额67计日工作6813.7Adjustments for Changes in Legislation因法律改变的调整6913.8Adjustments for Changes in Cost因成本改变的调整6914Contract price and Payment合同价格和支付7014.1The Contract Price合同价格7014.2Advance payment预付款7014.3Application for Interim Payments期中付款的申请7114.4Schedule of Payments付款价格表7214.5Plant and Materials intended for the Works拟用于工程的生产设备和材料7314.6Interim Payments期中付款7414.7Timing of Payments付款的时间安排7414.8Delayed Payment延误的付款7514.9Payment of Retention Money保留金支付7514.10Statement at Completion施工报表7614.11Application for Final Payment最终付款的申请77结清证明7714.13Final Payment最终付款7814.14Cessation of Employer’s Liability雇主责任的中止7814.15Currencies of Payment支付的货币7815Termination by Employer由雇主终止7915.1Notice to Correct通知改正8015.2Termination by Employer由雇主终止8015.3Valuation at Date of Termination终止日期时的估价8215.4Payment after Termination终止后的付款8215.5Employer’s Entitlement to Termination雇主终止的权利8216Suspension and termination by Contractor由承包商暂停和终止8316.1Contractor’s Entitlement to Suspend Work承包商暂停工作的权利8316.2Termination by Contractor由承包商终止8416.3Cessation of Work and Removal of Con tractor’s Equipment停止工作和承包商设备的撤离8516.4Payment on Termination终止时的付款8517Risk and Responsibility风险和职责86保障8617.2Contractor’s Care of the Works承包商对工程的照管8717.3Employer’s Risks雇主的风险8817.4Consequence of Employer’s Risks雇主风险的后果8817.5Intellectual and Industrial Property Rights知识产权和工业产权8917.6Limitation of Liability责任限度9018Insurance保险9118.1General Requirements for Insurances有关保险的一般要求9118.2Insurance for Works and Contractor’s Equipment工程和承包商设备的保险9318.3Insurance against Injury to Persons and Damage to Property人身伤害和财产损害险9518.4Insurance for Contractor’s Personnel承包商人员的保险9619Force Majeure不可抗力9619.1Definition of Force Majeure不可抗力的定义9619.2Notice of Force Majeure不可抗力的通知9719.3Duty to Minimise Delay将延误减至最小的义务9819.4Consequences of Force Majeure不可抗力的后果9819.5Force Majeure Affecting Subcontractor不可抗力影响分包商9919.6Optional Termination, Payment and Release自主选择终止、支付和解除9919.7Release from Performance under the Law根据法律解除履约10020Claims, Disputes and Arbitration索赔、争端和仲裁10020.1Contractor’s Claims承包商的索赔10020.2Appointment of the Dispute Adjudication Board争端裁决委员会的任命10220.3Failure to Agreement Dispute Adjudication Board对争端裁决委员会未能取得一致时10420.4Obtaining Dispute Adjudication Board’s Decision取得争端裁决委员会的决定10420.5Amicable Settlement友好解决106仲裁10620.7Failure to Comply with Dispute Adjudication Board’s Decision未能遵守争端裁决委员会的决定10720.8Expiry of Dispute Adjudication Board’s Appointment争端裁决委员会任命期满1071General Provisions一般规定1.1Definitions定义In the Conditions of Contract (“these Conditions”), which include Particular Conditions and these General Conditions, the following words and expressions shall have the meaning stated. Words indicating persons or parties include corporation and other legal entities, except where the context requires otherwise.在合同条件（“本条件”），包括专用条件和通用条件中，下列词语和措辞应具有以下所述的含义.除上下文另有要求外，文中人员或当事各方等词语包括公司和其他合法实体.1.1.1The Contract合同1.1.1.1“Contract”means the Contract Agreement, these Conditions, theEmployer’s Requirement, the Tender, and further document (if any) which are listed in the Contract Agreement.“合同”系指合同协议书、本条件、雇主要求、投标书和合同协议书列出的其他文件（如果有）.1.1.1.2“Contract Agreement”means the contract agreement referred to inSub-Clause 1.6 [Contract Agreement], including any annexed memoranda.“合同协议书”系指第1.6款[合同协议书]中所述的合同协议书及所附各项备忘录.1.1.1.3“Employer’s requirements”means the document entitled employer’srequirements, 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 design and/or other technical criteria, for the Works.“雇主要求”系指合同中包括的，题为雇主要求的文件，其中列明工程的目标、X围、和（或）设计和（或）其他技术标准，以及按合同对此项文件所作的任何补充和修改.1.1.1.4“Tender”means the Contractor’s signed offer for the Works and all otherdocuments which the Contractor submitted therewith (other than these Conditions and Employer’s Requirements, if so submitted), as included in the Contract.“投标书”系指包含在合同中的由承包商提交的为完成工程签署的报价，以及随同提交的所有其他文件（本条件和雇主要求除外，如同时提交）.1.1.1.5“PerformanceGuarantees”and “Schedule of payments”mean thedocuments so named (if any), as included in the Contract.“履约保证”和“付款计划表”系指合同中包括的具有上述名称的文件（如果有）.1.1.2Parties and Persons各方和人员1.1.2.1“Party” means the Employer or the Contractor, as the context requires.“当事方（或一方）”根据上下文需要，或指雇主，或指承包商。

FOREWORD前言 (补充译文)The terms of the Fourth Edition of the Conditions of Contract for Works of Civil Engineering Construction have been prepared by the Fédération Internationale des Ingénieurs Conseils (FIDIC) and are recommended for general use for the purpose of construction of such works where tenders are invited on an intemational basis. The Conditions, subject to minor modifications, are also suitable for use on domestic contracts.土木工程施工合同条件的第四版已由国际咨询工程师联合会（以下简称为FIDIC）起草完成，并被推荐为以国际性招标为主的同类工程施工的通用条件，如果稍加修改，也适用于国内的招标合同。

The version in English of the Conditions is considered by FIDIC as the official and authentic text for the purpose of translation.本条件的英文版本, FIDIC已将其作为正式的和有效的语言文本，以用于翻译之目的。

In the preparation of the Conditions it was recognised that while there are numerous Clauses which will be generally applicable there are some Clauses which must necessarily vary to take account of the circumstances and locality of the Works. The Clauses of general application have been grouped together in this document and are referred to as Part I - General Conditions. They have been printed in a form which will facilitate their inclusion as printed in the contract documents normally prepared.在对本条件准备的过程中，发现多数条款是可以通用的，同时还考虑到工程所处的不同环境和地区须对某些条款加以必要的改动。

fidic合同施工条件2017中英文English:The FIDIC (International Federation of Consulting Engineers) Conditions of Contract for Construction 2017 (commonly known as the FIDIC Red Book) is a standard form of contract widely used in the construction industry. It provides a comprehensive set of conditions for the execution of construction projects, including the rights and obligations of the parties, the procedures for claims and dispute resolution, and the management of the construction process. The FIDIC Red Book is designed to be flexible and adaptable to different construction projects while also promoting fair and equitable treatment of the parties involved. It covers a wide range of issues such as contract administration, variations, payment, completion and taking-over, defects liability, and suspension and termination of the contract. The 2017 edition of the FIDIC Red Book also includes new features such as enhanced provisions for the use of electronic communications, more detailed requirements for advance warning, and a new approach to the resolution of disputes through Dispute Avoidance/Adjudication Board (DAAB).中文翻译:FIDIC（国际咨询工程师联合会）2017年施工合同条件（通常称为FIDIC红皮书）是建筑业广泛使用的标准合同形式。

菲迪克（FIDIC）简明合同格式-中英对照版菲迪克（FIDIC）文献译丛中英文对照本国际咨询工程师联合会编译中国工程咨询协会1999年第1版Agreement协议书General Conditions通用条件Rules for Adjudication裁决规则Notes for Guidance指南注释Short Form of Contract简明合同格式吕文学陈永强翻译唐萍校译王川徐礼章唐萍审订（1999年第1版）（中英文对照本）（译者对译文的准确度承担全部责任，正式使用发生的争端，以英文原版为准）机械工业出版社菲迪克（FIDIC）授权书I herewith authorize CNAEC to translate FIDIC’s publications (but not the publications as edited by other organizations) into Chinese and publish them.I agree with your statement, as part of the agreement, that you will:a)Provide FIDIC with 10 copies of the translation per document, andb)Make a statement on the inside cover of the translationthat the translator takes full responsibility for the accuracy of the translation and that in case of dispute, the original version in English shall prevail.Peter van der TOGTPublications manager [译文]在此，我授权中国工程咨询协会把FIDIC出版物译成中文并出版（但是，不包括其他组织编写的出版物）。

FIDIC合同一般规定General Provisions of FIDICGeneral Provisions of FIDICInternational Advisory Engineer Association Keyword：FIDIC，Contract，laws·General ProvisionsDefinitions:In the Conditions of Contract (“these Condition s〞), which include Particular Conditions and these General Conditions, the following words and expressions shall have the meaning stated. Words indicating persons or parties include corporation and other legal entities, except where the context requires otherwise.The Contract1. “Contract〞means the Contract Agreement, these Conditions, the Employer’s Requirement, the Tender, and further document (if any) which are listed in the Contract Agreement.2. “Contract Agreement〞means the contract agreement referred to in Sub-Clause 1.6 [Contract Agreement], including any annexed memoranda.3. “Employer’s requirements〞means the document entitled employer’s 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 design and/or other technical criteria, for the Works.4. “Tender〞means the Contractor’s signed offer for the Works and all other documents which the Contractor submitted therewith (other than these Conditions and Employer’s Requirements, if so submitted), as included in the Contract.5.“Performance Guarantees〞and “Schedule of payments〞mean the documents so named (if any), as included in the Contract.Parties and Persons1. “Party〞means the Employer or the Contractor, as the context requires.2. “Employer〞means the person named as employer in the Contract Agreement and the legal successors in title to this person.3.“Contractor〞means the person(s) named as contractor in the Contract Agreement and the legal successors in title to this person(s).4. “Employer’s Representative〞means the person named by the Employerin the Contract or appointed from time to time by the Employer under Sub-Clause 3.1 [ the Employer’s Representative], who acts on behalf of the Employer.5. “Contractor’s Representative〞means the person named by the Contractor in the Contract or appointed from time to time by the Contractor Sub-Clause 4.3 [the Contractor’s Representative], who acts on behalf of the Contractor.6. “Employer’s Personnel〞means the Employer’s Representative, the assistants referred to in Sub-Clause 3.2 [Other Employer’s Personnel] and all other staff, lab our and other employees of the Employer and of the Employer’s Representative; and any other personnel notified to the Contractor, by the Employer or the Employer’s Representative, as Employer’s Personnel.7. “Contractor’s Personnel〞means the Contractor’s Representative and all personnel whom the Contractor utilizes on Site, who may include the staff, lab our and other employees of the Contractor and of each Subcontractor, and any other personnel assisting the Contractor in the execution of the works.8“Subcontractor〞means any person named in the Contract as a subcontractor, or any person appointed as a subcontractor, for a part of the Works; and the legal successors in title to each of these persons.9. “DAB〞means the person or three persons so named 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].10. “FIDIC〞means the Federation International des Ingenieurs-Conseils, the international federation of consulting engineers.Dates, Test, Periods and Completion1. “Base Date〞means the date 28 days prior to the latest date for submission of the Tender.2. “Commencement Date〞means the date notified under Sub-Clause 8.1 [Commencement of Works], unless otherwise defined in the ContractAgreement.3. “Time for Completion〞means the time for completing the Works or a Section (as the case may be) under Sub-Clause 8.2 [Time for Completion], as stated in the Particular Conditions (with any extension under Sub-Clause 8.4 [Execution of Time for Completion]), calculated from the Commencement Date.4.“Tests on Completion〞means the tests which are specified 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.5. “Taking-Over Certificate〞means a certificate issued under Clause 10 [Employer’s Taking Over].6. “Tests after Completion〞means the tests (if any) are specified in the Contract and which are carried out under Clause 12 [Tests after Completion] after the works or a Section (as the case may be) are taken over by the Employer.7. “Defects Notification 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 Understanding Works and Remedying Defects], as stated in the Particular Conditions (with any extension under Sub-Clause 11.3 [Extension of Defects Notification Period]), calculated from the date on which the Works or Section is competed as certified under Sub-Clause 10.1 [Taking Over of the Works and Sections]. If no such period is stated in the Particular Conditions, the period shall be one year.8. “Performance Certificate〞means the certificate issued under Sub-Clause 11.9 [Performance Certificate].9. “Day〞means a calendar day and “year〞means 365 days.Money and Payments1.“Contract Price〞means the agreed amount stated in the Contract Agreement for the design, execution and completion of the Works and the remedying of any defects, and includes adjustment (if any) in accordancewith the contract.2. “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.3. “Fina l Statement〞means the statement defined in Sub-Clause 14.11[Application for Final Payment].4. “Foreign Currency〞means a currency in which part (or all) of the Contract Price is payable, but not the Local Currency.5. “Local Currency〞means the currency of the Country.6. “Provisional Sum〞means a sum (if any) which is specified in the Contract as a provisional sum, for the execution of any part of the Works or for the supply of Plant, Material or services under Sub-Clause 13.5 [Provisional Sums].7. “Ret ention Money〞means the accumulated retention moneys which the Employer retains under Sub-Clause 14.3 [Application for Interim Payments] and pays under Sub-Clause 14.9 [Payment of Retention Money].8. “Statement〞means a statement submitted by the Contractor as part of an application for payment under Clause 14 [Contract Price and Payment]. Works and Goods1. “Contractor’s Equipment〞means all apparatus, machinery, vehicles and other things required for the execution and completion of the Works and remedyin g of any defects. However, Contractor’s Equipment excludes Temporary Works, Employer’s Equipment (if any), Plant, Materials and any other things intended to form or forming part of the Permanent Works.2. “Goods〞means Contractor’s Equipment, Materials, Pl ant and Temporary Works, or any of them as appropriate.3. “Materials〞means things of all kinds (other than Plant) intended to form or forming part of the Permanent Works, including the supply-only materials (if any) to be supplied by the Contractor under the Contract.4. “Permanent Works〞means the permanent works to be designed and executed by the Contractor under the Contract.5. “Plant “means the apparatus, machinery and vehicles intended to form or forming part of the Permanent Works.6. “Section〞means a part of the Works specified in the Particular Conditions as a Section (if any).7. “Temporary Works〞means all temporary works of every kind (other than Contractor’s Equipment) required on Site for the execution and completion of the Permanent Works and the remedying of any defects.8. “Works〞means the Permanent Works and the Temporary Works, or either of them as appropriate.Other Definitions1. “Contractor’s Documents〞means the calculations, computer programs and other software, drawings, manuals, models and other documents of a technical nature supplied by the Contractor under the Contract; as described in Sub-Clause 5.2 [Contractor’s Documents].2. “Country〞means the country in which the Site (or most of it) is located, where the Permanent Works are to be executed.3. “Employer’s Equipment〞means the apparatus, machinery and vehicles (if any) made available by the Employer for the use of the Contractor in the execution of the Works, as stated in the Employer’s Requirements; but does not include Plant which has not been taken over by the Employer.4. “Fore Majeure〞is defined in Clause 19 [Fore Majeure].5. “Laws〞means all national (or state) legislation, statutes, ordinances and other laws, and regulations and by-laws of any legally constituted public authority.6. “Performance Security〞means the security (or securities, if any) under Sub-Clause 4.2 [Performance Security].7. “Site〞means the places where the Permanent Works are to be executed and to which Plant and Materials are to be delivered, and any other places as may be specified in the Contract as forming part of the Site.8. “Variation〞means any change to the Employer’s Requirements or the Works, which is instructed or approved as a variation under Clause 13[Variation and Adjustment].·InterpretationIn the Contract, except where the context requires otherwise:(a) Words indicating one gender include all genders;(b) Words indicating the singular also include the plural and words indicating the plural and words indicating the plural also include the singular.(c) Provisions including the word “agree〞, 〞agreed〞or “agreement〞require the agreement to be recorded in writing, and(d) “Written〞or “in writing〞means hand-written, type-written, printed or electronically made, and resulting in a permanent record.The marginal words and other headings shall not be taken into consideration in the interpretation of these Conditions. ·CommunicationsWherever these Conditions provide for the giving or issuing of approvals, certificates, consents, determinations, notices and requests, these communications shall be:(a) In writing and delivered by hand(against receipt), sent by mail or courier, or transmitted using any of agreed systems of electronic transmission as stated in the Particular Conditions; and(b) Delivered, sent or transmitted to the address for the recipient’s communications as stated in the Contract. However:(i) If the recipient gives notice of another address, communications shall thereafter be delivered accordingly; and(ii) If the recipient has not stated otherwise when requesting an approval or consent, it may be sent to the address from which the request was issued. Approval, certificates, consents and determinations shall not be unreasonably withheld or delayed.· Law and LanguageThe Contract shall be governed by the law of the country (or other jurisdiction) stated in the Particular Conditions.If there are versions of any part of the Contract which are written in more than one language, the version which is in the ruling language stated in the Particular Conditions shall prevail.The language for communications shall be that stated in the Particular Conditions. If no language is stated there, the language for communications shall be the language in which the Contract (or most of it) is written.· Priority of DocumentThe documents forming the Contract are to be taken as mutually explanatory of one another. For the purposes of interpretation, the priority of the documents shall be in accordance with the following sequence:(a)the Contract Agreement;(b)the Particular Conditions;(c)these General Conditions;(d)the Employer’s Requirements;(e)the Tender and other documents forming part of the Contract .· Contract AgreementThe Contract shall come into full force and effect on the date stated in the Contract Agreement. The costs of stamp duties and similar charges (if any) imposed by law in connection with entry into the Contract Agreement shall be borne by the Employer.·AssignmentNeither Party shall assign the whole or any part of the Contract or any benefit or interest in or under the Contract. However, either Party:(a) May assign the whole or any part with the prior agreement of the other Party, at the sole discretion of such other Party, and(b) May, as security in favor of a bank or financial institution, assign its right to any moneys due, or to become due, under the Contract.·Care and Supply of DocumentEach of the Contractor’s Documents shall be in the custody and care of the Contractor, unless and until taken over by the Employer. Unless otherwise stated in the Contract, the Contractor shall supply to the Employer six copies of each of the Contractor’s Documents.The Contractor shall keep, on the Site, a copy of the Contract, publications named in the Employer’s requirements, the Contractor’s Documents, and Variations and other communications given under the Contract. The Employer’s Personnel shall have the right of access to all these documents at all reasonable times.If a Party becomes aware of an error or defect of a technical nature in a document which was prepared for use in executing the Works, the Party shall promptly give notice to the other Party of such error or defect.· ConfidentialityBoth Parties shall treat the details of the Contract as private and confidential, except to the extent necessary to carry out obligations under it or to comply with applicable Laws. The Contractor shall not publish, permit to be punished, or disclose any particulars of the Works in any trade or technical paper or elsewhere without the previous agreement of the Employer.· Employer’s Use of Contractor’s DocumentsAs between the Parties, the Contractor shall retain the copyright and other intellectual property rights in the Contractor’s Documents and other design documents made by(or on behalf of) the Contractor.The Contractor shall be deemed (by signing the Contract) to give to the Employer a non-terminable transferable non-exclusive royalty-free license to copy, use and communicate the Contractor’s Documents, including making and using modifications of them. This license shall:(a) Apply throughout the actual or intended working life (whichever is longer) of the relevant parts of the Works,(b)Entitle any person in proper possession of the relevant part of the Works to copy, use and communicate the Con tractor’s Documents for the purposes of completing, operating, maintaining, altering, adjusting, repairing and demolishing the Works, and(c)In the case of Contractor’s Documents which are in the form of computer programs and other software, permit their use on any computer on the Site and other places as envisaged by the Contract, including replacements of anycomputers supplied by the Contractor.The Contractor’s Documents and other design documents made by (or on behalf of) the Contractor shall not, with out the Contractor’s consent, be used, copied or communicated to a third party by (or on behalf of) the Employer for purposes other than those permitted under this Sub-Clause.· Contractor’s Use of Employer’s DocumentsAs between the Parties, the Employer shall retain the copyright and other intellectual property rights in the Employer’s Requirements and other documents made by (or on behalf of) the Employer. The Contractor may, at his cost, copy, use, and obtain communication of these documents for the purposes of the Contract.They shall not, without the Employer’s consent, be copied, used or communicated to a third party by the Contractor, except as necessary for the purposes of the Contract.· Confidential DetailsThe Contractor shall not be required to disclose, to the Employer, any information which the Contractor described in the Tender as being confidential. The Contractor shall disclose any other information which the Employer may reasonably require in order to verify the Contractor’s compliance with the Contract.·Compliance with LawsThe Contractor shall, in performing the Contract, comply with applicable Laws. Unless otherwise stated in the Particular Conditions:(a)the Employer shall have obtained (or shall obtain) the planning, zoning or similar permission for the Permanent Works, and any other permissions described in the Employer’s Requirements as having been (or being) obtained by the Employer; and the Employer shall indemnify and hold the Contractor harmless against and from the consequences of any failure to do so; and (b)the Contractor shall give all notices, pay all taxes, duties and fees, and obtain all permits, licensees and approvals, as required by the Laws in relation to the design, execution and completion of the Works and remedying of any defects; and the Contractor shall indemnify and hold the Employerharmless against and from the consequences of any failure to do so.·Joint and Several LiabilitiesIf the Contractor constitutes (under applicable Laws) a joint venture, consortium or other unincorporated grouping of two or more persons:(a) These persons shall be deemed to be jointly and severally liable to the Employer for the performance of the Contract;(b) These persons shall notify the Employer of their leader who shall have authority to bind the Contractor and each of these persons; and(c) The Contractor shall not alter its composition or legal status without the prior consent of the Employer.FIDIC合同一般规定国际咨询工程师协会关键词：FIDIC，合同，法律·一般规定定义:在合同条件〔“本条件〞〕，包括专用条件和通用条件中，以下词语和措辞应具有以下所述的含义。

CONTENTS1. GENERAL PROVISIONS 一般性条款DEFINITIONS 定义INTERPRETATION 解释COMMUNICATIONS 通讯PRIORITY OF DOCUMENTS 文件的优先适用CONTRACT AGREEMENT 合同协议JOINT AND SEVERAL LIABILITY 连带责任2. THE EMPLOYER 雇主RIGHT OF ACCESS TO THE SITE 进入工地的权利EMPLOYER'S PERSONNEL 雇主的人员3. THE ENGINEER 工程师ENGINEER'S DUTIES AND AUTHORITY 工程师的责任与权利ADDITIONAL TERMS AND CONDITIONS: MANAGEMENT MEETING 管理会议4. THE CONTRACTOR 承包商CONTRACTOR'S GENERAL OBLIGATIONS 承包商的一般性义务PERFORMANCE SECURITY 履约保证CONTRACTOR'S REPRESENTATIVE 承包商的代表SUBCONTRACTORS 分包商UNFORESEEABLE PHYSICAL CONDITIONS 不可预见的外力条件CONTRACTOR'S EQUIPMENT 承包商的设备ELECTRICITY, WATER AND GAS 电、水和煤气EMPLOYER'S EQUIPMENT AND FREE-ISSUE MATERIAL雇主的设备和免费供应的材料5. NOMINATED SUBCONTRACTORS 指定的分包商PAYMENTS TO NOMINATED SUBCONTRACTORS 向指定的分包商支付款项6. STAFF AND LABOR 管理人员和劳工WORKING HOURS 工作时间FACILITIES FOR STAFF AND LABOR 管理人员和劳工的设施CONTRACTOR'S SUPERINTENDENCE 承包商的监理7. PLANT MATERIALS AND WORKMANSHIP 设备材料和人力8. COMMENCEMENT, DELAYS AND SUSPENSION 开工、延误和暂停TIME FOR COMPLETION 竣工期限DELAY DAMAGES 工期延误的赔偿9. TESTS ON COMPLETION 竣工检验CONTRACTOR'S OBLIGATIONS 承包商的义务10. EMPLOYER’S TAKING OVER 雇主接收工程11. DEFECTS LIABILITY 工程缺陷的责任12. MEASUREMENT AND EVALUATION 测量和估价WORKS TO BE MEASURED 工程的测量13. VARIATIONS AND ADJUSTMENTS 工程变更和价格调整14. CONTRACTOR PRICE AND PAYMENT 承包商的价格和支付ADVANCE PAYMENT 预付款PAYMENT 支付PAYMENT OF RETENTION MONEY 保留金的支付CURRENCIES OF PAYMENT 支付的币种15. TERMINATION BY EMPLOYER 雇主终止履行合同16. SUSPENSION AND TERMINATION BY CONTRACTOR 承包商暂停和终止履行合同17. RISK AND RESPONSIBILITY 风险和责任18. INSURANCE 保险19. FORCE MAJEURE 不可抗力20. CLAIMS, DISPUTES AND ARBITRATION 索赔、争端和仲裁1. General Provisions1.1 Definitions1.1.2.2 Employer is Qingdao Technological University1.1.2.3 Contractor is The first construction engineering limited company of China construction third engineering bureau.1.1.2.4 Engineer is Hou Zhonglei1.1.3.1 “Base Date" is in July 3, 2013 .1.1.4.6 "Foreign Currency" means U.S. dollar.1.1.4.8 "Local Currency" means RMB.1.1.6.3 "Employer's Equipment" means the apparatus, machinery and vehicles (if any) made available by the Employer for the use of the Contractor in the execution of the Works, as stated in the Specification; including the Plant which has not been taken over by the Employer.1.2 InterpretationIn these contract terms, including the provisions of the "cost plus reasonable profit" phrases, require the profits for the fee of one over twenty (5%)1.3 CommunicationsAll communications should be sent to the following address, until a change of address notice is send to the other party so far.1.5 Priority of documentsThe documents forming the Contract are to be taken as mutually explanatory of one another. In case of ambiguity or discrepancy, should be in accordance with the law decided to order. When engineers think it is necessary to explain such vague and ambiguous, he is entitled to issue any instruction.1.6 Contract AgreementThe format of the agreement is in the tender documents as the appendix of the particular conditions.1.7 Joint and Several LiabilityUnless in accordance with the contractual obligations required or to comply with applicable legal purposes, the contractor shall present the contract as private and confidential files. Without the prior consent of employer, the contractor shall not in any professional or technical papers published, permitted, or disclosure of any of the engineering details.2. THE EMPLOYER2.1 Right of Access to the SiteThe contractor could enter the construction site after September 1，The right and possession may not be exclusive to the Contractor.2.3 Employer's PersonnelEmployer's Personnel has duty to protect the environment of the construction site.Additional terms and conditions:1. The employer should complete the following works :（1）Go through the land requisition, demolition work, smooth construction site, etc, make the construction coincident conditions.（2）The time and place of completing the water, electricity, communications lines need by the constructions.（3）The water, electricity, communications lines should be completed by the contractor self, and the cost should be borne by himself ,which has been included in the contract price .（4）The time of providing related data : Within 3 days after sign the agreement.（5）Promise about completing Related conventions :Complete within 7 days after related data had been submit by contractor and Supervisor.（6）The time of the spot inspection: Employer is responsible for contacting the design unit for technical tests to the Contractor, provision of roads measuring control piles, standard point and elevation.（7）The promise of organizing drawings reviewing and Design Details: Three days before the start.（8）The promise of Coordinating conservation efforts: Respond by contractor.（9）Other works and promise by the contractor: Employer fails to perform the above paragraph (1) (8) obligations, resulting in schedule delays , the contractor shall submit a written application and obtain the Employer’ agree to extend the schedule , otherwise, the duration cannot be extended. Employer will inform the Contractor in writing of their duties delegated by the Supervising engineer and cost engineer.The Contractor shall complete the Start and completion formalities within 30 days after the relevant notifications issued ,and pay the related cost in accordance with regulations. If the Contractor fails to timely pay related fees and result in the delays for apply these formalities, the Employer shall be entitled to deduct related expenses from the contract price ,and the contractor shall pay 20000 Yuan for the default.2.The promise that the employer provide the name of standards and specifications, drawings and technical requirements to the contractor:（1）All national, provincial and municipal standards and norms procurement by the contractor itself, the developer does not provide.（2）Employer to the Contractor to provide drawings date and copy number: pre-construction provides four sets of drawings to the contractor (excluding standard atlas). Contractor does need to increase the number of sets of drawings, subject to the consent of the Employer, the cost borne by the contractor.（3）The confidentiality requirements on drawings: The ownership of the drawings owned by contractor, the Contractor shall not disclose it to the third parties without permission.3. The representative appointed by the employer :3. THE ENGINEER3.1 Engineer's Duties and AuthorityThe Engineer shall obtain the specific approval of the Employer before taking action under the following Sub-Clauses of these Conditions:.Additional terms and conditions: Management meeting The Engineer or the Contractor's Representative may require the other to attend a management meeting in order to review the arrangements for future work. The Engineer shall record the business of management meetings and supply copies of the record to those attending the meeting 6 except: example text between lines may be copied and to the Employer. In the record, responsibilities for any actions to be taken shall be in accordance with the Contract.4.The Contractor4.1 Contractor's General ObligationsTemporary works or those are designed by the employer are not all borne by the contractor responsibility.4.2 Performance SecurityDelete the fourth sentence of clause 4.2 (),and replace with:If the performance security uses the form of bank guarantee ，then，(a) Performance bond should be issued by construction bank within the territory of the country, or(b)Employer could accept the performance security issued directly by the foreign banks.If the performance security is not in the form of a bank guarantee, the performance security should be issued by the financial institution which is registered or obtained license in the host country.4.3 Contractor's RepresentativeAdd conditions:(a)The contractor's representative and all such persons should be able to use mandarin fluently.(b)If the contractor's representative and all such persons cannot use mandarin fluently, The contractor shall appoint one qualified interpreters is present in all the working time.4.4 SubcontractorsAdd conditions:(a)If the subcontract value less 0.01% than accepted contract amount, without prior consent.(b)As to some materials such as Prefabricated Member or machined part ,the supplier shall obtain the engineer's prior consent.(c)As long as possible, the contractor should provide a fair and reasonable opportunity for any qualified supplier form the host country.4.12 Unforeseeable Physical ConditionsDelete the paragraph (b) of the clause 4.12 ,and replace with :Payment of any relate costs , Its 80% will be added to the Contract Price.(The rest of cost should be borne by contractor)4.17 Contractor's EquipmentThe Contractor shall be responsible for all Contractor's Equipment. When brought on to the Site, Contractor's Equipment shall be deemed to be exclusively intended for the execution of the Works. The Contractor shall not remove from the Site any major items of Contractor's Equipment without the consent of the Engineer. However, consent shall not be required for vehicles transporting Goods or Contractor's Personnel off Site.The contractor’s equipment owned by contractor (directly or indirectly) ,should be considered as the employer's property since access to the site. Ownership of such property shall not:(a)Affect the employer's responsibility or obligation;(b)Damage the rights of contractors’using such equipment for the purpose of the project, or(c)Affect the contractor's responsibility for operation and maintenance of the equipment.Since the equipment are withdraw or the Taking-Over Certificate is issued , all should be thought that the ownership of each piece of equipment owned by the contractor over again.4.18 Electricity, Water and GasThe Contractor shall be entitled to use for the purposes of the Works such supplies of electricity, water, gas and other services as may be available on the Site and of which details and prices are follows:4.20 Employer's Equipment and Free-Issue MaterialThe project implement portions of the material purchased under Employer’s supervision: Detail materials are at Annex.The materials’procurement : Employer Supervisor purchase materials suppliers and purchase price, by the Employer and the Contractor in accordance with the design requirements, co-organized public inquiry to determine. Contractor must follow the results of the inquiry confirmed by both parties signed a procurement contract with the contractor and assume the same since the purchase of materials procurement, storage, construction, warranty and other responsibilities. If the contractor does not make purchases according to the above requirements, then the bear 10% of the total contract value of the liquidated damages.Additional terms and conditions:（1）To a contract to provide construction site office and living facilities housing and time requirements: Contractor does not provide office and living houses, but in surveying instruments used for the Employer, to facilitate supervisors.（2）The Contractor shall do other work and requirements:1) To protect underground pipelines, require the Contractor to the excavation before the exploration of detection, recognition did not encounter any underground pipeline before allowing the excavation, or for any loss resulting from the contractor responsible. Digging test pits costs have been taken into account in the offer, without any additional charges. Has clearly underground pipeline, the contractor has the responsibility to protect its security, such as damage due to construction, the contractor is responsible to bear the relevant responsibilities and financial compensation. The Contractor shall dig pits to identify the specific location of the pipeline and to take protective measures before construction, or for any loss resulting from the contractor responsible .2) Contractor Employer provided only within the scope of the construction site layout, arrangement and organization of construction. For a contract to provide the contractor occupied the space outside the scope of the construction site, at their own relevant formalities and payment of associated costs. Sidewalk measures is included in the contractor's tender offer, it is not a separate measurement and payment.3) The contractor's offer has been fully considered underground pipelines, construction site conditions and obstacles to a variety of adverse conditions occur field potential risks and increased costs, but also has carefully read and understand the scope of the tender documents relating to contracting, technical standards, construction requirements, quality objectives, safe and civilized construction goals, progress goals, ground conditions, traffic conditions, water conditions, site conditions and other terms and conditions were combined with their own offer. Employer no longer causes increased costs due to the above adjustments.4) Contractor safety precautions should be taken to avoid construction activities on the surrounding buildings and structures damage. During construction, is responsible for construction within and adjacent residential areas, commercial buildings, factories and other buildings and structures should be taken to protect and repair after damage; should ensure that the construction site and the surrounding residents, factory production operations, such as access to transportation affected. Expenses incurred in the offer consideration. Meanwhile, the resulting schedule delays and associated liabilities assumed by the contractor.Stipulated fees in the "engineering sewage charges" yes refers to the construction enterprises press the environmental protection department requirements imposed on the construction site ultra-standard emission's noise pollution to pay the cost. Construction enterprises should earnestly do a good job the various measures, as far as possible to avoid, minimize noise generation. The fee by the contractor to pay, in the tender should take full consider and, if included in the total quoted price middle.5) Artifacts found during construction, should the National Heritage and provincial and municipal regulations on heritage protection site and notify the authorities. Otherwise, the resulting loss or authorities punished by the contractor is responsible. In addition to conservation, other conservation work is included in the contractor's tender offer, it is not a separate measurement and payment6) Before final acceptance of the works, the contractor respond to drainage facilities have been completed, cable trench and road and other facilities for protection, which is included in the contractor's tender offer, no further measurement and payment7) Contractor should be clearly on the outside during construction is expected to unavoidable interference that may arise, and to this end to ensure proactive efforts to reduce the impact of these disturbances on the outside, and should actively coordinate with the outside world8) This works for municipal key projects, to meet the various charitable activities require the Contractor must unconditionally accept the Employer therefore issued for construction site cleaning, sorting, hanging up posters signs and other aspects of safe and civilized construction instructions, thereby increasing the cost of included in the Contract Price, the developer does not pay such fees separately denominated.9) The contractor shall be clearly and fully expected that in the course of preliminary engineering and construction, demolition and other construction sites all the difficulties and obstacles on the progress of the project's adverse effects, even severely affected. In this regard, the Contractor shall take the initiative in coordination with the work, and try to create a variety of conditions and to take effective measures to ensure the smooth progress of project goals and schedule. Such difficulties or effects not relieve the Contractor failed to achieve the target for the duration of the responsibility, and shall not be used as a reason to increase the variety required to extend the duration or cost.10) The Contractor shall be responsible for coordinating a variety of outside interference during construction, coordination to no avail, only coordinated by written request to the Employer.11) The Contractor shall be responsible for all field operations security, in the contract construction, completion and remedying of any defects throughout the project period, the overall responsibility for all on-site personnel to remain in the safety and protection of its jurisdiction scene (including some unfinished and the Employer has not yet taken over engineering) in an orderly and in good condition. According to engineers or local governmentrequirements, the time and place needed, to provide and maintain all lighting lights, guards, fences, fencing, warning signs and signals on duty, to protect the project, to provide the public safety and convenience. Compliance and enforcement of fire safety regulations and civilized construction and construction at night. While the contractor has the responsibility to assist the public security organs, the traffic control department maintains the scene where lots of traffic and pedestrian flow order, both to ensure construction safety, but also to protect the smooth flow of vehicular and pedestrian traffic and safety. Contractor in the contract price in consideration of the costs and ensure that the Employer against the Contractor shall be responsible for or assume the above matters arising out of or relating to claims, lawsuits and other expenses.12) According to "Municipal Construction Committee on Further Strengthening the construction quality inspection management notice" requirements, the engineering quality testing by the Employer entrust a qualified testing organization for testing; inspection and testing fees are included in the price of materials. Inspection and testing fees are not included in accordance with the relevant laws, regulations and mandatory standards for construction, involving buildings, structures, structural safety and the use of functions and civil indoor environmental pollution control projects such as sampling and testing and building materials to the construction site , decorative materials, components, fittings witness sample testing, namely the construction engineering quality testing costs incurred. The expense of the Employer's other projects in the works behind the list as the amount listed, is the Employer and the use of all. Exceed the cost of the purchase price by the contractor bears.13) Contractor shall apply for earthwork excavation, transportation, etc. to enable the smooth implementation of the project can be involved in all relevant formalities (including civil construction, dust, earth transport), self-coordinating earth blasting, excavation, transportation to cover all party relationships, and all bear the corresponding costs occurring and the resulting not doing, coordination on matters arising from this all administrative, civil liability, to ensure the project's normal; bear earthwork construction process involves various inspection fees and fines. In earthwork construction process, must be strictly in accordance with the supervisor, and the developer's construction organization design organization approval blasting, excavation, prohibit barbaric construction. Due to landslides caused by construction contractor, surrounded by ground subsidence, houses cracking, collapse, such as quality, safety incidents by the contractor bears the responsibility for compensation and contracting and third parties to bear all the losses caused, the Employer shall not be responsible for.14) In construction, the Contractor shall strictly comply with Qing Dao City Construction Investment Development Co., Ltd. "on the issuance of" project construction unit management incentives and disincentives "notice" Documentation Requirements.5. Nominated SubcontractorsThe employer nominate the Qingdao Construction Group as the subcontractor，whose address is :5.3 Payments to nominated SubcontractorsThe Contractor shall pay to the nominated Subcontractor the amounts which the Engineer certifies to be due in accordance with the subcontract. These amounts plus other charges shall be included in the Contract Price in accordance with subparagraph (b) of Sub-Clause 13.5 [Provisional Sums], except as stated in Sub-Clause 5.4 [Evidence of Payments].6. Staff and Labor6.5 Working hoursAny work could be carried out on the Site on locally recognized days of rest, or outside the normal working hours stated in the Appendix to Tender, unless there are some instruction about the working time.6.6 Facilities for Staff and LaborExcept as otherwise stated in the Specification, the Contractor shall provide and maintain all necessary accommodation and welfare facilities for the Contractor's Personnel. The Contractor shall also provide facilities for the Employer's Personnel as stated in the Specification.The Contractor shall 1 dot permit any of the Contractor's Personnel to maintain any temporary or permanent living quarters within the structures forming part of the Permanent Works.6.8 Contractor's SuperintendenceThroughout the execution of the Works, and as long thereafter as is necessary to fulfill the Contractor’s Obligations, the Contractor shall provide all necessary superintendence to plan. arrange, direct, manage, inspect and test the work.Superintendence shall be given by a sufficient number of persons having adequate knowledge of the language for communications (defined in Sub-Clause 1.4 [Law and Language]) and of the operations to be carried out (including the methods and techniques required, the hazards likely to be encountered and methods of preventing accidents), for the satisfactory and safe execution of the Works.A reasonable proportion of the Contractor's superintending staff shall have a working knowledge of (Mandarin and English), or the Contractor shall have a sufficient number of competent interpreters available on Site during all working hours .Additional terms and conditions：(a)Foreign staff and labor:The Contractor may import any personnel who are necessary for the execution of the Works. The Contractor must ensure that these personnel are provided with the required residence visas and work permits. The Contractor shall be responsible for the return to the place where they were recruited or to their domicile of imported Contractor's Personnel. In the event of the death in the Country of any of these personnel or members of their families, the Contractor shall similarly be responsible for making the appropriate arrangements for their return or burial.(b) Measures against Insect and Pest Nuisance：The Contractor shall at all times take the necessary precautions to protect all staff and labor employed on the Site from insect and pest nuisance, and to reduce their danger to health. The Contractor shall provide suitable prophylactics for the Contractor's Personnel and shall comply with all the regulations of the local health authorities, including use of appropriate insecticide. (c) Alcoholic Liquor or Drugs:The Contractor shall not, otherwise than in accordance with the Laws of the Country, import, sell, give, barter or otherwise dispose of any alcoholic liquor or drugs, or permit or allow importation, sale, gift, barter or disposal by Contractor's Personnel.(d) Arms and Ammunition:The Contractor shall not give, barter or otherwise dispose of to any person, any arms or ammunition of any kind, or allow Contractor's Personnel to do so.(e) Festivals and Religious CustomsThe Contractor shall respect the Country's recognized festivals, days of rest and religious or other customs.7. Plant Materials and WorkmanshipAdditional terms and conditions：If an institution to provide funding to the contract, and the agency's rules or policy limit the use of funds, then,All Goods shall have their origin in eligible source countries as defined in (insert name of published guidelines for procurement). Goods shall be transported by carriers from these eligible source countries, unless exempted by the Employer in writing on the basis of potential excessive costs or delays. Surety, insurance and banking services shall be provided by insurers and bankers from the eligible source countries.8. Commencement, Delays and Suspension8.2 Time for CompletionAccording the appendix of the tender documents ,the time of completion should be September 1st to October 1st8.7 Delay DamagesAdditional terms and conditions：Sections are required to be completed by the dates given in the Appendix to Tender in order that these Sections may be occupied and used by the Employer in advance of the completion of the whole of the Works. Details of the work required to be executed to entitle the Contractor to bonus payments and the amount of the bonuses are stated in the Specification.For the purposes of calculating bonus payments, the dates given in the Appendix to Tender for completion of Sections are fixed. No adjustments of the dates by reason of granting an extension of the Time for Completion will be allowed9. Tests On Completion9.1 Contractor's ObligationsThe Specification should describe the tests which the Contractor is to carry out before being entitled to a Taking-Over Certificate. If the Works are to be tested and taken-over in stages, the tests requirements may have to take account of the effect of some parts of the Works being incomplete.10. Employer’s Taking OverIf the project is according to the stage to receive, then these stages should be in the tender documents specified in the appendices section. Advice accurately illustrate their geographical location, and appendices should include a form, to indicate the completion time delay and loss: this table has listed examples in the appendix to tender documents.11. Defects LiabilityAdditional terms and conditions:Quality defects liability period：12 monthsQuality assurance methods: Quality guaranteeThe amount and detention of quality guarantee :（1）The amount of the guarantee: 5 percent of the contract price.（2）The detention of the guarantee: According the provisions of General Conditions ,deduct from the Project payment should be paid to the contractor (Including progress payments and the settlement amount), in a ratio of 5%.（3）Other provisions: The employer shall refund the guarantee by the expiry date of the relevant Defects Notification Period and within 14 days after the end of the national audit(without interest).12. Measurement and Evaluation12.1 Works to be MeasuredIf any part of the Permanent Works is to be measured according to records of its construction, details should be specified in the tender documents, including any records for which the Contractor is to be responsible.13. Variations and AdjustmentsVariations can be initiated by any of three ways::(a) Engineer could to direct change according to clause 13.1, without prior agreed on its feasibility and price(b) To the interests of both sides, the contractor can put forward their proposals according to section 13.2; or(c) Engineer according to the requirements of clause 13.3 to require the contractor submitted proposal, they shall be agreed in advance in order to minimize the dispute.14. Contractor price and PaymentThis contract use fixed unit price contractScope of contract risks is as follows: The market price risk(Sand, gravel, cement, steel, commercial concrete materials unit price change risk except outside more than plus or minus 10%), risk of fixed unit price remains the same(including Time limit for a project delay and change of quantities, etc), Trench excavation for the destruction of the original underground pipeline earth-rock ratio, when the risk of loss, the actual construction conditions risk level and design documents, the differences between the geological exploration report, thro 'actual distance of differences with the bill of quantities, bidding, bidding documents agreed by other risk. Within the scope of risk in the contract price shall not be adjusted(except the materials bought by the employer)Calculation and scope of the contract price:1. The tender bill of quantities provided by the renderer has some Calculation of deviation(except the Design changes), List of quantities according to the procedures prescribed by fortifying the adjustment after confirmed by the supervision engineer and the employer, listing comprehensive unit price remains the same. For serious higher than the market price quote separately according to the evaluation questions written commitment2. The calculation of engineering design changes, quantity according to the procedures prescribed by the execution after confirmed by the supervision engineer and the employer, and according to the following way to determine the comprehensive unit price to adjust the contract pricea. the contract price has been applied to engineering change, according to the contract for price calculation(Serious commitment is higher than market price according to the evaluation questions and settlement of the project, its unit price calculated on the above subparagraph (1));b. Works only similar changes in the contract price, according to the similar engineering change prices to determine the price of change, adjust the contract pricec. Works not applicable or similar to the changes in the contract price, and then, according to the principle of consistent with the bid price level by the contractor proposes appropriate changes to。

Féd ération Internationale Des Ingénieurs-Conseils通用条件General Conditions1.一般规定General Provisions定义Definitions在包含专用条件和本通用条件的合同条件（“本合同条件”）中，以下措辞和用语的含义以下所述。

除非上下文中还有要求，指当事人和当事各方的词包含企业和其余法律实体。

In the Conditions of Contract ("these Conditions"), which include Particular Conditions and these General Conditions, the following words and expressions shall have the meanings stated. Words indicating persons or parties include corporations and other legal entities, except where the context requires otherwise.1.1.1 合同1.1.1 The Contract1.1.1.1 “合同 (Contract) ”指合同协议书、中标函、招标函、本合同条件、规范、图纸、资料表、以及在合同协议书或中标函中列明的其余进一步的文件(若有时 )。

1.1.1.1 "Contract" means the Contract Agreement, the Letter of Acceptance, theLetter of Tender, these Conditions, the Specification, the Drawings, the Schedules,and the further documents (if any) which are listed in the Contract Agreement or inthe Letter of Acceptance.1.1.1.2 “合同协议书 (Contract Agreement)”指第款【合同协议】中所说明的合同协议(若有时 )。

CONTENTS目录1General Provisions ....................................................................... 错误！未定义书签。

1.1Definitions ................................................................................................................. 错误！未定义书签。

定义 ................................................................................................................................... 错误！未定义书签。

1.2Interpretation ............................................................................................................. 错误！未定义书签。

解释 ................................................................................................................................... 错误！未定义书签。

1.3Communications ....................................................................................................... 错误！未定义书签。

通信交流 ............................................................................................................................ 错误！未定义书签。

Fédération Internationale Des Ing nieurs-Conseilsé通用条件General Conditions一般规定General Provisions1.1定义Definitions在包括专用条件和本通用条件的合同条件（“本合同条件”）中，以下措辞和用语的含义如下所述。

除非上下文中另有要求，指当事人和当事各方的词包括公司和其它法律实体。

In the Conditions of Contract ("these Conditions"), which include Particular Conditions and these General Conditions, the following words and expressions shall have the meanings stated. Words indicating persons or parties include corporations and other legal entities, except where the context requires otherwise.1.1.1 合同1.1.1 The Contract"Contract" means the Contract Agreement, the Letter of Acceptance, the Letter of Tender, these Conditions, the Specification, the Drawings, the Schedules, and the further documents (if any) which are listed in the Contract Agreement or in the Letter of Acceptance. Agreement)”指第 1.6 款【合同协议】中所说明的合同协议(如有时 )。

XXX大学本科毕业设计（论文）外文翻译译文学生姓名: XXX院（系）: 经济管理学院专业班级: 工程管理0601指导教师 : XXX完成日期 : 2010年3月31日要求1、外文翻译是毕业设计（论文）的主要内容之一，必须学生独立完成。

2、外文翻译译文内容应与学生的专业或毕业设计（论文）内容相关，不得少于15000印刷符号。

3.外文翻译译文用A4纸打印。

文章标题用3号宋体，章节标题用4号宋体，正文用小4号宋体，20磅行距；页边距上、下、左、右均为2.5cm，左侧装订，装订线0.5cm。

按中文翻译在上，外文原文在下的顺序装订。

4、年月日等的填写，用阿拉伯数字书写，要符合《关于出版物上数字用法的试行规定》，如“2005年2月26日”。

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招标项目评价和关键因素的确定Identifying key factors in the evaluation of tendersfor projects and servic es作者：D.J. Watt，B. Kayis，K. Willey起止页码：250-260出版日期（期刊号）：2009年27期出版单位：International Journal of Project Management作者D.J. Watt 新南威尔士大学，新南威尔士州2052号，澳大利亚学院B. Kayis雅各布澳大利亚，堪培拉ACT 2601号，澳大利亚K. Willey 科技大学，百老汇新州2007号，澳大利亚摘要：客户对投标商的选择和评价标准建立在评价影响承包商因素重要性的基础上，例如经验、知识、过去的表现和成本。

本文介绍了最近的一项研究，试图找出一个代表套房的投标评价和今后的研究中承选择包商的标准。

该研究包括对承包商的选择和评标管理文献的研究，以及探索性调查。

对于每一个承包商我们开发一个单独的列表，并对所有承包商确定了一个标准控制值测试，用于确定共同的和独特的因素类别，用它进行绝对差异测试，以确定投标书的评价所采用的标准。

CONTENTS目录1General Provisions一般规定 (5)1.1Definitions定义 (5)1.2Interpretation解释 (10)1.3Communications通信交流 (11)1.4Law and Language法律和语言 (12)1.5Priority of Document文件优先次序 (12)1.6Contract Agreement合同协议书 (12)1.7Assignment权益转让 (13)1.8Care and Supply of Document文件的照管和提供 (13)1.9Confidentiality保密性 (14)1.10Employer’s Use of Contractor’s Documents雇主使用承包商文件 (14)1.11Contractor’s Use of Employer’s Documents承包商使用雇主文件 (15)1.12Confidential Details保密事项 (15)1.13Compliance with Laws遵守法律 (15)1.14Joint and Several Liability共同的和各自的责任 (16)2The Employer雇主 (16)2.1Right of Access to the Site现场进入权 (16)2.2Permits, Licences or Approves许可、执照或批准 (17)2.3Employer’s personnel雇主人员 (18)2.4Employer’s Financial Arrangements雇主的资金安排 (18)2.5Employer’s Claims雇主的索赔 (18)3The Employer’s Administration雇主的管理 (19)3.1The Employer’s Representative雇主代表 (19)3.2The Employer’s personnel其他雇主人员 (20)3.3Delegated Persons受托人员 (20)3.4Instructions指示 (21)3.5Determinations确定 (21)4The Contractor承包商 (21)4.1The Contractor’s General Obligations承包商的一般义务 (22)4.2Performance security履约担保 (22)4.3Contractor’s Representative承包商代表 (23)4.4Subcontractors分包商 (24)4.5Nominated Subcontractors指定的分包商 (25)4.6Co-operation合作 (25)4.7Setting out放线 (26)4.8Safety procedures安全程序 (26)4.9Quality Assurance质量保证 (27)4.10Site Data现场数据 (27)4.11Sufficiency of the Contract Price合同价格 (28)4.12Unforeseeable Difficulties不可预见的困难 (28)4.13Rights of way and Facilities道路通行权于设施 (28)4.14Avoidance of Interference避免干扰 (29)4.15Access Route进场通路 (29)4.16Transport of Goods货物运输 (30)4.17Contractor’s Equipment承包商设备 (30)4.18Protection of the Environment环境保护 (30)4.19Electricity, Water and Gas电、水和燃气 (31)4.20Employer’s Equipment and Free-Issue Material雇主设备和免费供应的材料 (31)4.21Progress Reports进度报告 (32)4.22Security of the Site现场保安 (33)4.23Contractor’s Operations on Site承包商的现场作业 (34)4.24Fossils化石 (34)5Design设计 (35)5.1General Design Obligations设计义务一般要求 (35)5.2Contractor’s Documents承包商文件 (36)5.3Contractor’s Undertaking承包商的承诺 (37)5.4Technical Standards and Regulations技术标准和法规 (37)5.5Training培训 (38)5.6As-Built Documents竣工文件 (38)5.7Operation and Maintenance Manuals操作和维修手册 (39)5.8Design Error设计错误 (39)6Staff and Labour员工 (39)6.1Engagement of Staff and Labour员工的雇用 (40)6.2Rates of Wages and Conditions of Labour工资标准和劳动条件 (40)6.3Persons in the Service of Employer为雇主服务的人员 (40)6.4Labour Laws劳动法 (40)6.5Working Hours工作时间 (41)6.6Facilities for Staff and Labour为员工提供设施 (41)6.7Health and Safety健康和安全 (41)6.8Contractor’s Superintendence承包商的监督 (42)6.9Contractor’s Personnel承包商人员 (42)6.10Records of contractor’s Personnel and Equipment承包商人员和设备的记录 (43)6.11Disorderly Conduct无序行为 (43)7Plant, Materials and Workmanship生产设备、材料和工艺 (43)7.1Manner of Execution实施方法 (43)7.2Samples样品 (44)7.3Inspection检验 (44)7.4Testing试验 (45)7.5Rejection拒收 (46)7.6Remedial Work修补工作 (46)7.7Ownership of Plant and Materials生产设备和材料的所有权 (47)7.8Royalties土地(矿区)使用费 (47)8Commencement,Delays and Suspension开工、延误和暂停 (48)8.1Commencement of Works工程的开工 (48)8.2Time for Completion竣工时间 (48)8.3Programme进度计划 (49)8.4Extension of Time for Completion竣工时间延长 (50)8.5Delays Caused by Authorities当局造成的延误 (50)8.6Rate of Progress工程进度 (51)8.7Delay Damages误期损害赔偿费 (51)8.8Suspension of Work暂时停工 (52)8.9Consequences of Suspension暂停的后果 (52)8.10Payment for Plant and Materials in Event of Suspension暂停时对生产设备和材料的付款 (53)8.11Prolonged Suspension托长的暂停 (53)8.12Resumption of Work复工 (53)9Tests on Completion竣工试验 (54)9.1Contractor’s Obligations承包商的义务 (54)9.2Delayed Tests延误的试验 (55)9.3Retesting重新试验 (55)9.4Failure to Pass Tests on Completion未能通过竣工试验 (56)10Employer’s Taking Over雇主的接收 (56)10.1Taking Over of the Works and Sections工程和分项工程的接收 (56)10.2Taking Over of Parts of the Works部分工程的接收 (57)10.3Interference with Tests on Completion对竣工试验的干扰 (57)11Defects Liability缺陷责任 (58)11.1Completion of Outstanding Work and Remedying Defects完成扫尾工作和修补缺陷 (58)11.2Cost of Remedying Defects修补缺陷的费用 (59)11.3Extension of Defects Notification Period缺陷通知期的延长 (59)11.4Failure to Remedy Defects未能修补的缺陷 (60)11.5Removal of Defective Work移出有缺陷的工程 (60)11.6Further Tests进一步试验 (61)11.7Right of Access进入权 (61)11.8Contractor to Search承包商调查 (61)11.9Performance Certificate履约证书 (62)11.10Unfulfilled Obligations未履行的义务 (62)11.11Clearance of Site现场清理 (62)12Tests after Completion竣工后试验 (63)12.1Procedure for Tests after Completion竣工后试验的程序 (63)12.2Delayed Tests延误的试验 (64)12.3Retesting重新试验 (64)12.4Failure to Pass Tests after Completion未能通过的竣工后试验 (65)13Variations and Adjustments变更和调整 (66)13.1Right to Vary变更权 (66)13.2Value Engineering价值工程 (66)13.3Variation Procedure变更程序 (66)13.4Payment in Applicable Currencies以适用货币支付 (67)13.5Provisional Sums暂列金额 (67)13.6Daywork计日工作 (68)13.7Adjustments for Changes in Legislation因法律改变的调整 (69)13.8Adjustments for Changes in Cost因成本改变的调整 (70)14Contract price and Payment合同价格和支付 (70)14.1The Contract Price合同价格 (70)14.2Advance payment预付款 (70)14.3Application for Interim Payments期中付款的申请 (72)14.4Schedule of Payments付款价格表 (73)14.5Plant and Materials intended for the Works拟用于工程的生产设备和材料 (73)14.6Interim Payments期中付款 (74)14.7Timing of Payments付款的时间安排 (74)14.8Delayed Payment延误的付款 (75)14.9Payment of Retention Money保留金支付 (75)14.10Statement at Completion施工报表 (76)14.11Application for Final Payment最终付款的申请 (76)14.12Discharge结清证明 (77)14.13Final Payment最终付款 (77)由14.14 Cessation of Employer’s Liability 雇主责任的中止 (78)14.15 Currencies of Payment 支付的货币 (78)15 Termination by Employer 由雇主终止 (79)15.1Notice to Correct 通知改正................................................................................................................79 15.2Termination by Employer 由雇主终止...............................................................................................79 15.3Valuation at Date of Termination 终止日期时的估价..........................................................................81 15.4Payment after Termination 终止后的付款..........................................................................................81 15.5 Employer’s Entitlement to Termination 雇主终止的权利.. (82)16 Suspension and termination by Contractor 承包商暂停和终止 (82)16.1Contractor’s Entitlement to Suspend Work 承包商暂停工作的权利..................................................82 16.2Termination by Contractor 由承包商终止..........................................................................................83 16.3Cessation of Work and Removal of Contractor’s Equipment 停止工作和承包商设备的撤离.............84 16.4 Payment on Termination 终止时的付款 (84)17 Risk and Responsibility 风险和职责 (85)17.1Indemnities 保障...............................................................................................................................85 17.2Contractor’s Care of the Works 承包商对工程的照管.......................................................................86 17.3Employer’s Risks 雇主的风险...........................................................................................................87 17.4Consequence of Employer’s Risks 雇主风险的后果.........................................................................87 17.5Intellectual and Industrial Property Rights 知识产权和工业产权.......................................................88 17.6 Limitation of Liability 责任限度. (89)18 Insurance 保险 (89)18.1General Requirements for Insurances 有关保险的一般要求.............................................................89 18.2Insurance for Works and Contractor’s Equipment 工程和承包商设备的保险....................................91 18.3Insurance against Injury to Persons and Damage to Property 人身伤害和财产损害险.....................93 18.4 Insurance for Contractor’s Personnel 承包商人员的保险 (94)19 Force Majeure 不可抗力 (94)19.1Definition of Force Majeure 不可抗力的定义.....................................................................................95 19.2Notice of Force Majeure 不可抗力的通知.........................................................................................96 19.3Duty to Minimise Delay 将延误减至最小的义务................................................................................96 19.4Consequences of Force Majeure 不可抗力的后果............................................................................96 19.5Force Majeure Affecting Subcontractor 不可抗力影响分包商............................................................97 19.6Optional Termination, Payment and Release 自主选择终止、支付和解除........................................97 19.7 Release from Performance under the Law 根据法律解除履约. (98)20 Claims, Disputes and Arbitration 索赔、争端和仲裁 (98)20.1Contractor’s Claims 承包商的索赔....................................................................................................99 20.2Appointment of the Dispute Adjudication Board 争端裁决委员会的任命.........................................100 20.3Failure to Agreement Dispute Adjudication Board 对争端裁决委员会未能取得一致时....................102 20.4Obtaining Dispute Adjudication Board’s Decision 取得争端裁决委员会的决定...............................102 20.5Amicable Settlement 友好解决........................................................................................................103 20.6Arbitration 仲裁...............................................................................................................................104 20.7Failure to Comply with Dispute Adjudication Board’s Decision 未能遵守争端裁决委员会的决定....105 20.8 Expiry of Dispute Adjudication Board’s Appointment 争端裁决委员会任命期满 (105)1General Provisions一般规定1.1Definitions定义In the Conditions of Contract (“these Conditions”), which include Particular Conditions and these General Conditions, the following words and expressions shall have the meaning stated. Words indicating persons or parties include corporation and other legal entities, except where the context requires otherwise.在合同条件（“本条件”），包括专用条件和通用条件中，下列词语和措辞应具有以下所述的含义.除上下文另有要求外，文中人员或当事各方等词语包括公司和其他合法实体.1.1.1The Contract合同1.1.1.1“Contract” means the Contract Agreement, these Conditions, the Employer’s Requirement,the Tender, and further document (if any) which are listed in the Contract Agreement.“合同”系指合同协议书、本条件、雇主要求、投标书和合同协议书列出的其他文件（如果有）.1.1.1.2“Contract Agreement” means the contract agreement referred to in Sub-Clause 1.6[Contract Agreement], including any annexed memoranda.“合同协议书”系指第1.6款[合同协议书]中所述的合同协议书及所附各项备忘录.1.1.1.3“Employer’s requirements” means the document entitled employer’s requirements, asincluded in the Contract, and any additions and modifications to such document in accordance with the Contract. Such document specifies the purpose, scope, and/or design and/or other technical criteria, for the Works.“雇主要求”系指合同中包括的，题为雇主要求的文件，其中列明工程的目标、范围、和（或）设计和（或）其他技术标准，以及按合同对此项文件所作的任何补充和修改.1.1.1.4“Tender” means the Contractor’s signed offer for the Works and all other documents whichthe Contractor submitted therewith (other than these Conditions and Employer’s Requirements, if so submitted), as included in the Contract.“投标书”系指包含在合同中的由承包商提交的为完成工程签署的报价，以及随同提交的所有其他文件（本条件和雇主要求除外，如同时提交）.1.1.1.5“Performance Guarantees” and “Schedule of payments” mean the documents so named(if any), as included in the Contract.“履约保证”和“付款计划表”系指合同中包括的具有上述名称的文件（如果有）.1.1.2Parties and Persons各方和人员1.1.2.1“Party” means the Employer or the Contractor, as the context requires.“当事方（或一方）”根据上下文需要，或指雇主，或指承包商。

CONTENTS目录1General Provisions 一般规定71.1Definitions 定义81.2Interpretation解释181.3Communications通信交流191.4Law and Language法律和语言201.5Priority of Document文件优先次序211.6Contract Agreement合同协议书221.7Assignment权益转让221.8Care and Supply of Document文件的照管和提供231.9Confidentiality保密性231.10Employer’s Use of Contractor’s Documents雇主使用承包商文件241.11Contractor’s Use of Employer’s Documents承包商使用雇主文件251.12Confidential Details保密事项261.13Compliance with Laws遵守法律261.14Joint and Several Liability共同的和各自的责任272The Employer 雇主292.1Right of Access to the Site现场进入权292.2Permits, Licences or Approves许可、执照或批准312.3Employer’s personnel雇主人员322.4Employer’s Financial Arrangements雇主的资金安排322.5Employer’s Claims雇主的索赔333The Employer’s Administration雇主的管理343.1The Employer’s Representative雇主代表353.2The Employer’s personnel其他雇主人员353.3Delegated Persons受托人员363.4Instructions指示371d3.5Determinations确定384The Contractor 承包商404.1The Contractor’s General Obligations承包商的一般义务404.2Performance security履约担保414.3Contractor’s Representative承包商代表434.4Subcontractors分包商454.5Nominated Subcontractors指定的分包商464.6Co-operation合作464.7Setting out放线484.8Safety procedures安全程序484.9Quality Assurance质量保证494.10Site Data现场数据504.11Sufficiency of the Contract Price合同价格504.12Unforeseeable Difficulties不可预见的困难514.13Rights of way and Facilities道路通行权于设施524.14Avoidance of Interference避免干扰524.15Access Route进场通路534.16Transport of Goods货物运输544.17Contractor’s Equipment承包商设备554.18Protection of the Environment环境保护554.19Electricity, Water and Gas电、水和燃气564.20Employer’s Equipment and Free-Issue Material雇主设备和免费供应的材料574.21Progress Reports进度报告584.22Security of the Site现场保安614.23Contractor’s Operations on Site承包商的现场作业614.24Fossils化石625Design 设计655.1General Design Obligations设计义务一般要求655.2Contractor’s Documents承包商文件665.3Contractor’s Undertaking承包商的承诺695.4Technical Standards and Regulations技术标准和法规695.5Training培训705.6As-Built Documents竣工文件712d5.7Operation and Maintenance Manuals操作和维修手册725.8Design Error设计错误736Staff and Labour 员工736.1Engagement of Staff and Labour员工的雇用746.2Rates of Wages and Conditions of Labour工资标准和劳动条件746.3Persons in the Service of Employer为雇主服务的人员746.4Labour Laws劳动法756.5Working Hours工作时间756.6Facilities for Staff and Labour为员工提供设施766.7Health and Safety健康和安全766.8Contractor’s Superintendence承包商的监督786.9Contractor’s Personnel承包商人员786.10Records of contractor’s Personnel and Equipment承包商人员和设备的记录796.11Disorderly Conduct无序行为807Plant, Materials and Workmanship 生产设备、材料和工艺817.1Manner of Execution实施方法827.2Samples样品827.3Inspection检验837.4Testing试验847.5Rejection拒收867.6Remedial Work修补工作877.7Ownership of Plant and Materials生产设备和材料的所有权887.8Royalties土地(矿区)使用费898 Commencement,Delays and Suspension 开工、延误和暂停908.1Commencement of Works工程的开工918.2Time for Completion竣工时间918.3Programme进度计划928.4Extension of Time for Completion竣工时间延长948.5Delays Caused by Authorities当局造成的延误958.6Rate of Progress工程进度968.7Delay Damages误期损害赔偿费978.8Suspension of Work暂时停工983d8.9Consequences of Suspension暂停的后果988.10Payment for Plant and Materials in Event of Suspension暂停时对生产设备和材料的付款1008.11Prolonged Suspension托长的暂停1008.12Resumption of Work复工1019Tests on Completion 竣工试验1019.1Contractor’s Obligations承包商的义务1019.2Delayed Tests延误的试验1049.3Retesting重新试验1049.4Failure to Pass Tests on Completion未能通过竣工试验10510Employer’s Taking Over雇主的接收10710.1Taking Over of the Works and Sections工程和分项工程的接收10710.2Taking Over of Parts of the Works部分工程的接收10910.3Interference with Tests on Completion对竣工试验的干扰10911Defects Liability 缺陷责任11011.1Completion of Outstanding Work and Remedying Defects完成扫尾工作和修补缺陷11011.2Cost of Remedying Defects修补缺陷的费用11111.3Extension of Defects Notification Period缺陷通知期的延长11211.4Failure to Remedy Defects未能修补的缺陷11311.5Removal of Defective Work移出有缺陷的工程11511.6Further Tests进一步试验11511.7Right of Access进入权11611.8Contractor to Search承包商调查11611.9Performance Certificate履约证书11711.10Unfulfilled Obligations未履行的义务11811.11Clearance of Site现场清理11812Tests after Completion竣工后试验11912.1Procedure for Tests after Completion竣工后试验的程序11912.2Delayed Tests延误的试验12112.3Retesting重新试验1224d12.4Failure to Pass Tests after Completion未能通过的竣工后试验12213Variations and Adjustments 变更和调整12513.1Right to Vary变更权12513.2Value Engineering价值工程12613.3Variation Procedure变更程序12613.4Payment in Applicable Currencies以适用货币支付12813.5Provisional Sums暂列金额12813.6Daywork计日工作12913.7Adjustments for Changes in Legislation因法律改变的调整13113.8Adjustments for Changes in Cost因成本改变的调整13214Contract price and Payment 合同价格和支付13314.1The Contract Price合同价格13414.2Advance payment预付款13414.3Application for Interim Payments期中付款的申请13714.4Schedule of Payments付款价格表13814.5Plant and Materials intended for the Works拟用于工程的生产设备和材料14014.6Interim Payments期中付款14114.7Timing of Payments付款的时间安排14214.8Delayed Payment延误的付款14314.9Payment of Retention Money保留金支付14414.10Statement at Completion施工报表14514.11Application for Final Payment最终付款的申请14614.12Discharge结清证明14714.13Final Payment最终付款14814.14Cessation of Employer’s Liability雇主责任的中止14814.15Currencies of Payment支付的货币14915Termination by Employer 由雇主终止15215.1Notice to Correct通知改正15215.2Termination by Employer由雇主终止15315.3Valuation at Date of Termination终止日期时的估价15615.4Payment after Termination终止后的付款15615.5Employer’s Entitlement to Termination雇主终止的权利1575d16Suspension and termination by Contractor由承包商暂停和终止15916.1Contractor’s Entitlement to Suspend Work承包商暂停工作的权利15916.2Termination by Contractor由承包商终止16116.3Cessation of Work and Removal of Contractor’s Equipment停止工作和承包商设备的撤离16316.4Payment on Termination终止时的付款16417Riskand Responsibility 风险和职责16417.1Indemnities保障16517.2Contractor’s Care of the Works承包商对工程的照管16617.3Employer’s Risks雇主的风险16817.4Consequence of Employer’s Risks雇主风险的后果16917.5Intellectual and Industrial Property Rights知识产权和工业产权17017.6Limitation of Liability责任限度17218Insurance 保险17318.1General Requirements for Insurances有关保险的一般要求17418.2Insurance for Works and Contr actor’s Equipment工程和承包商设备的保险17718.3Insurance against Injury to Persons and Damage to Property人身伤害和财产损害险18118.4Insurance for Contractor’s Personnel承包商人员的保险18319Force Majeure 不可抗力18519.1Definition of Force Majeure不可抗力的定义18519.2Notice of Force Majeure不可抗力的通知18719.3Duty to Minimise Delay将延误减至最小的义务18819.4Consequences of Force Majeure不可抗力的后果18819.5Force Majeure Affecting Subcontractor不可抗力影响分包商18919.6Optional Termination, Payment and Release自主选择终止、支付和解除18919.7Release from Performance under the Law根据法律解除履约19120Claims, Disputes and Arbitration 索赔、争端和仲裁19220.1Contractor’s Claims承包商的索赔19220.2Appointment of the Dispute Adjudication Board争端裁决委员会的任命19620.3Failure to Agreement Dispute Adjudication6dBoard对争端裁决委员会未能取得一致时19920.4Obtaining Dispute Adjudication Board’s Decision取得争端裁决委员会的决定20020.5Amicable Settlement友好解决20320.6Arbitration仲裁20320.7Failure to Comply with Dispute Adjudication Board’sDecision未能遵守争端裁决委员会的决定20420.8Expiry of Dispute Adjudication Board’s Appointment争端裁决委员会任命期满2051General Provisions一般规定7d1.1Definitions定义In the Conditions of Contract (“these Conditions”), which include Particular Conditions and these General Conditions, the following words and expressions shall have the meaning stated. Words indicating persons or parties include corporation and other legal entities, except where the context requires otherwise.在合同条件（“本条件”），包括专用条件和通用条件中，下列词语和措辞应具有以下所述的含义.除上下文另有要求外，文中人员或当事各方等词语包括公司和其他合法实体.1.1.1The Contract合同1.1.1.1“Contract”means the Contract Agreement, these Conditions, theEmployer’s Requirement, the Tender, and further document (if any) which are listed in the Contract Agreement.“合同”系指合同协议书、本条件、雇主要求、投标书和合同协议书列出的其他文件（如果有）.1.1.1.2“Contract Agreement” means the contract agreement referred to inSub-Clause 1.6 [Contract Agreement], including any annexed memoranda.“合同协议书”系指第1.6款[合同协议书]中所述的合同协议书及所附各项备忘录.1.1.1.3“Employer’s requirements”means the document entitledemployer’s 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 design and/or other technical criteria, for the8dWorks.“雇主要求”系指合同中包括的，题为雇主要求的文件，其中列明工程的目标、范围、和（或）设计和（或）其他技术标准，以及按合同对此项文件所作的任何补充和修改.1.1.1.4“Tender” means the Contractor’s signed offer for the Works and allother documents which the Contractor submitted therewith (other than these Conditions and Employer’s Requirements, if so submitted), as included in the Contract.“投标书”系指包含在合同中的由承包商提交的为完成工程签署的报价，以及随同提交的所有其他文件（本条件和雇主要求除外，如同时提交）.1.1.1.5“PerformanceGuarantees” and “Schedule of payments” mean thedocuments so named (if any), as included in the Contract.“履约保证”和“付款计划表”系指合同中包括的具有上述名称的文件（如果有）.1.1.2Parties and Persons各方和人员1.1.2.1“Party”means the Employer or the Contractor, as the contextrequires.“当事方（或一方）”根据上下文需要，或指雇主，或指承包商。