毕业论文英文翻译举例(FIDIC合同一般规定)工程、管理等专业
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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。
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。
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。
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 translation that the translator takes fullresponsibility 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)。
中文2966字Building engineering biddingYang Cao a,*, Shuhua Wang b, Heng Li aaDepartment of Building and Real Estate, Hong Kong Polytechnic University, HongKong, ChinabState Key Laboratory of Novel Software Technology, Nanjing University, Nanjing210093, ChinaAbstractNowadays in the engineering construction industry, the market which is characteristic for project bidding, has formed. The construction companies,which want to create good benefits, have to control their cost and improve management to enhance the capacity of adapting and competing in this market. This article focuses on how to decrease cost and increase income so as to control the construction cost effectively. bidding documents should be well formulated ,which is the improtment to a successful bidding and direct influence the success or failure of the biddingwork.Becasue the success or failure of the bidding for the survival and development of enterprise has a direct impact, so we have a high quality, improve the bid documents of the unit, prevent invalid and successful pass mark appear, become a research topic.[key] : bidding drawbacks of unfair competition countermeasuresBidding is a form of project transactions, project bidding process is to determine the successful bidder and the cost of the process and the price of the project, project bidding work of a very important link, do a good job bidding to determine the price, we can effectively control construction costs, and create a fair and equitable market environment, create orderly competition mechanism. Bidding in construction activities, construction enterprises in order to tender invincible works to be successful, And from the contracted projects profitable, it needs to integrate various subjective and objective conditions, the tender research strategy determine tender. Tender bidding strategy, including pricing strategies and skills. All of the strategies and skills from the numerous contractors bidding on the accumulated experience and objective understanding of the law and of the actual situation understanding, but also with the contractor's decision-making ability and courage are closely related.Bidding documents is the general programme and play book of the bidding activity through the process of bidding. The bidding documents will specify that How to conduct each bidding work, how to dispatch bidding documents, the requirements for tenderer,how to rate and decide bidding and the procedures of bidding. Therefore, thepersonnel who is responsible for prepare bidding documents should first have a general view of the bidding work, include all the requirements and arrangements into the bidding documents. If meet problems that have not been considered previously, then resolve them one by one during the preparation. The course of bidding documents preparation is also the course of making bidding scheme .In another respect, bidding documents is also the legal instuments. Besides relevant law and rules, the bidding documents are the common game rules that bidder,bidding agent and tenderer should subject to through the bidding. Bidding documents are the legal instuments that all the three bidding related parties should subject to, have legal force, therefore, the bidding documents -making personnel required to have the awareness and quality of leagal in order to reflect the fair, just and legal requirement in the bidding documents.In building engineering bidding law enforcement and the practice of project construction supervision system on standardizing China's construction market, improve the construction quality and played an active role. But in the process of implementing exist some disadvantages, needs to perfect, enrich and improve. This project bidding documents in accordance with the bidding law of the People's Republic of China for bidders, bidding regulation, enterprise strictly, put forward to bidders professional requirements of project profile was illustrated.Nowadays in the engineering construction industry, the market which is characteristic for project bidding, has formed. The construction companies,which want to create good benefits, have to control their cost and improve management to enhance the capacity of adapting and competing in this market. This article focuses on how to decrease cost and increase income so as to control the construction cost effectively.In building engineering bidding law enforcement and the practice of project construction supervision system on standardizing China's construction market, improve the construction quality and played an active role. But in the process of implementing exist some disadvantages, needs to perfect, enrich and improve. This project bidding documents in accordance with the bidding law of the People's Republic of China for bidders, bidding regulation, enterprise strictly, put forward to bidders professional requirements of project profile was illustrated.The practice of project bidding purpose is to market competition of openness, fairness and justice. However, due to the construction market development is not standard, management system and the experience of inadequate, architectural engineering bidding in concrete operation exist in ACTS of unfair competition, and some drawbacks. This obviously violate the bidding, the bidding process, and will lose its significance for other bidder fails to bid is unjust, disturbed the bidding (project contracting market economic order, for activities), this kind of behavior must be prohibited, only in this way can we make construction engineering competitive trading activity lawfully healthy. This subject will I learned and social practice, present situation and construction project bidding system is expounded, and thedisadvantages of bidding for construction project with ACTS of unfair competition phenomenon and analysis of causes, and finally make corresponding preventive countermeasures.Construction cost management system, both theoretical discussion, but also need to practice innovation. Under the conditions of market economy, project cost management, competitive and orderly market for construction management services platform structures. In such a premise, the original scale and method of valuation is inappropriate, and this needs to be reformed and improved. The spirit of "the government's macro regulation and control, enterprise autonomy offer, the market will price" principle, to implement the implementation specification bill of quantity. Inventory Valuation bidding activities are based on market economy mechanism, based on legal, scientific, fair, open and reasonable way to determine the winning bidder of an economic activity. Bidding is bidding activities constitute two basic aspects. The bidding activity is merely that by bidding to choose the one with the workConstruction process capability, moderate cost, quality is excellent, short duration of construction enterprises, and this is the ultimate goal tender. I have participated in internships over the course of the project bidding, and completed over part of the calculation of quantities, combined with graduate experience in the design process, a brief analysis of the mode Quantities Call for TenderThe meaning of risk and risk characteristics of the general construction, the lowest price sealed bidding construction method produces several risks and incentives, according to their characteristics discussed the feasibility of risk control and prevention. Comparison of engineering and engineering security risk management, insurance, similarities and differences between the two projects and benefits; construction project bidding and tendering process characteristics of human behavior is analyzed to reveal the bidder's risk appetite and behavioral characteristics with changes in the external environment change, when the default punishment is light, the bidder preference appetite for risk and default penalties, with the increase exceeds a certain value, the risk of bidders to show preference for behavior change to avoid the risk of penalties, the greater the bidder biased in favor of a more risk-averse behavior, the results of the control and prevention of risk behavior of bidders has an important and practical significanceConstruction Cost Management from the "quantity-one price" plan model to "price of separation volume" model of the market, and gradually establish a market price-based price formation mechanism, the price of the decision in the hands of the parties involved in the market, and ultimately the allocation of resources through the market in order to realize through the market mechanism to decide on project cost. This will standardize the construction market-competitive behavior and the promotion of project bidding mechanisms play an important role in innovation. It can be said that the implementation of the project bill of quantities is a project cost managementsystem in our country a big step forward, but also in China's accession to the WTO, the global construction industry a powerful tool for peer competition.With the construction of in-depth development of the market, the traditional fixed pricing model no longer suited to market-oriented economic development needs. In order to adapt to the current project bidding by the market needs of a project cost, we must work on the existing valuation methods and pricing model for reform, the implementation of projects bill pricing. Engineering is a list of pricing model and adapt to the market economy, allowing independent contractor pricing through market competition determine prices, with the international practice of pricing model. With the bill pricing model projects to promote, in accordance with international bidding practices is imperative. Therefore, "the lowest reasonable price of the successful bidder" My future is the most important evaluation methods. At this stage due to the implementation of projects bill pricing model and the problems mainly against China at this stage " in the minimum reasonable price of the principles of the successful bidder, most contractors have not yet set up their own enterprises of scale, companies unable to determine the reasonable Cost. This article is a scientific and fast set "reasonable cost" to study the key. First, from the project cost of the basic concept, of the engineering bill pricing model under the cost structure, to accurately predict costs of the project provided the basis, considering the average cost of the social cost to individual enterprises and the tender stage of the cost estimates. Followed through on fuzzy math and technology for smooth in-depth analysis, through "close-degree," the concept of reasonable fuzzy math and exponential smoothing technologies, construction of the project cost vague prediction model, and in accordance with the relevant information and statistics Information and experience to establish a "framework structure," the comparison works Construction Cost Management from the "quantity-one price" plan model to "price of separation volume" model of the market, and gradually establish a market price-based price formation mechanism, the price of the decision in the hands of the parties involved in the market, and ultimately the allocation of resources through the market in order to realize through the market mechanism to decide on project cost. This will standardize the construction market-competitive behavior and the promotion of project bidding mechanisms play an important role in innovation. It can be said that the implementation of the project bill of quantities is a project cost management system in our country a big step forward, but also in China's accession to the WTO, the global construction industry a powerful tool for peer competition.A healthy bidding system should be in accordance with the "open, fair and justice" and the principle of good faith, and establish a unified, open, competitive and orderly construction market. In view of the current problems existing in the bidding process, adopt regulations, and formulate and perfect the institution, strengthening process supervision measures, they can better regulate construction market order, prevent corruption from its source, purify construction market, promote the constructionmarket order progressively toward standardization, institutionalized, and constantly improve the quality and lev建筑项目招投标杨曹*,王建民,b, 李亨a建筑部门和房地产、香港理工大学、香港、中国b国家重点实验室的小说软件技术、南京大学、南京210093,中国摘要目前在工程建设项目行业中,以工程招投标为特征的建筑市场已经形成,施工企业为创造良好经济效益,必须严格控制成本,加强成本控制管理,才能提高市场适应能力和竞争力。
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。
FIDIC合同一般规定General Provisions of FIDICGeneral Provisions of FIDIC International Advisory Engineer AssociationKeyword:FIDIC,Contract,laws·General ProvisionsDefinitions: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.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 refe rred 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 Employer in 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 Contract Agreement.3. “Time for Completion” m eans 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 accordance with 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. “Final 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. “Retention 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 Contract or 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” mea ns a part of the Works specified in the Particular Conditionsas 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。