fidic白皮书英文版

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1. 一般规定General Provisions (8)1.1 定义Definitions (8)1.2 解释Interpretation (18)1.3 通讯联络Communications (18)1.4 法律和语言1.4 Law and Language (19)1.5 文件的优先次序1.5 Priority of documents (20)1.6 合同协议书1.6 Contract Agreement (21)1.7 转让1.7 Assignment (21)1.8 文件的保管和提供1.8 Care and Supply of documents (21)1.9 拖延的图纸或指示1.9 Delayed Drawings or Instructions (22)1.10 雇主使用承包商的文件1.10 Employer's Use of Contractor's documents (23)1.11 承包商使用雇主的文件1.11 Contractor's Use of Employer's documents (25)1.12 保密事项1.12 Confidential Details (25)1.13 遵守法律1.13 Compliance with Laws (25)1.14 共同的与各自的责任1.14 Joint and Several Liability (26)2. 雇主THE EMPLOYER (26)2.1 进入现场的权利2.1 Right of Access to the Site (26)2.2 许可、执照和批准2.2 Permits, Licences or Approval (28)2.3 雇主的人员2.3 Employer's Personnel (28)2.4 雇主的资金安排2.4 Employer's Financial Arrangements (29)2.5 雇主的索赔2.5 Employer's Claims (29)3. 工程师THE ENGINEER (30)3.1 工程师的职责和权力3.1Engineer's Duties and Authority (30)3.2 工程师的授权3.2 Delegation by the Engineer (32)3.3 工程师的指示3.3 Instructions of the Engineer (33)3.4 工程师的撤换3.4 Replacement of the Engineer (34)3.5 决定3.5 Determinations (34)4. 承包商The Contractor (35)4.1 承包商的一般义务4.1 Contractor's General Obligations (35)4.2 履约保证4.2 Performance Security (37)4.3 承包商的代表4.3 Contractor's Representative (39)4.4 分包商4.4 subcontractors (40)4.5 分包合同利益的转让4.5 Assignment of Benefit of Subcontract (41)4.6 合作4.6 Co-operation (41)4.7 放线4.7 Setting Out (42)4.8 安全措施4.8 Safety Procedures (43)4.9 质量保证4.9 Quality Assurance (44)4.10 现场数据4.10 Site Data (45)4.11 接受的合同款额的完备性4.11 Sufficiency of the Accepted Contract Amount (46)4.12 不可预见的外界条件4.12 Unforeseeable Physical Conditions (46)4.13 道路通行权和设施4.13 Rights of Way and Facilities (49)4.14 避免干扰4.14 Avoidance of Interference (49)4.15 进场路线4.15 Access Route (49)4.16 货物的运输4.16 Transport of Goods (50)4.17 承包商的设备4.17 Contractor's Equipment (51)4.18 环境保护4.18 Protection of the environment (51)4.19 电、水、气4.19 Electricity, Water and Gas (52)4.20 雇主的设备和免费提供的材料4.20 Employer's Equipment and Free-Issue Material52 4.21 进度报告4.21 Progress Reports (54)4.22 现场保安 4.22 Security of the Site (56)4.23 承包商的现场工作4.23 Contractor's Operations on Site (56)4.24 化石4.24 Fossils (57)5. 指定分包商 (58)5.1 指定分包商的定义5.1 Definition of "nominated Subcontractor (58)5.2 对指定的反对5.2 Objection to Nomination (58)5.3 对指定分包商的支付5.3 Payments to nominated Subcontractors (59)5.4 支付的证据5.4 Evidence of Payments (59)6. 职员和劳工Staff and Labour (60)6.1 职员和劳工的雇用6.1 Engagement of Staff and Labour (60)6.2 工资标准和劳动条件6.2 Rates of Wages and Conditions of Labour (61)6.3 为他人提供服务的人员6.3 Persons in the Service of Employer (61)6.4 劳动法 6.4 Labour Laws (61)6.5 工作时间 6.5 Working hours (62)6.6 为职员和劳工提供的设施 6.6 Facilities for Staff and Labour (62)6.7 健康和安全 6.7 Health and Safety (62)6.8 承包商的监督6.8 Contractor's Superintendence (63)6.9 承包商的人员 6.9 Contractor's Personnel (64)6.10 承包商的人员和设备的记录6.10 Records of Contractor's Personnel and Equipment656.11 妨碍治安的行为6.11 Disorderly Conduct (65)7. 永久设备、材料和工艺 (65)7.1 实施方式7.1 Manner of Execution (65)7.2 样本7.2 Samples (66)7.3 检查7.3 Inspection (66)7.4 检验7.4 Testing (67)7.5 拒收7.5 Rejection (69)7.6 补救工作7.6 Remedial Work (69)7.7 对永久设备和材料的拥有权7.7 Ownership of Plant and Materials (70)7.8 矿区使用费7.8 Royalties (71)8. 开工、延误和暂停Commencement, Delays and Suspension (71)8.1 工程的开工8.1 Commencement of Works (71)8.2 竣工时间8.2 Time for Completion (72)8.3 进度计划8.3 Programme (72)8.4 竣工时间的延长8.4 Extension of Time for Completion (74)8.5 由公共当局引起的延误8.5 Delays Caused by Authorities (75)8.6 进展速度8.6 Rate of Progress (76)8.7 误期损害赔偿费8.7 Delay Damages (77)8.8 工程暂停8.8 Suspension of Work (77)8.9 暂停引起的后果8.9 Consequences of Suspension (78)8.10 暂停时对永久设备和材料的支付8.10 Payment for Plant and Materials in Event of Suspension (78)8.11 持续的暂停8.11 Prolonged Suspension (79)8.12 复工8.12 Resumption of Work (79)9. 竣工检验Tests On Completion (79)9.1 承包商的义务9.1 Contractor's Obligations (79)9.2 延误的检验9.2 Delayed Tests (80)9.3 重新检验9.3 Retesting (81)9.4 未能通过竣工检验9.4 Failure to Pass Tests on completion (81)10. 10 雇主的接收Employer’s T aking Over (82)10.1 对工程和区段的接收10.1 Taking Over of the Works and Sections (82)10.2 对部分工程的接收10.2 Taking Over of parts of the Works (83)10.3 对竣工检验的干扰10.3 Interference with Tests on Completion (85)10.4 地表需要恢复原状10.4 Surfaces Requiring Reinstatement (86)11. 缺陷责任Defects Liability (87)11.1 完成扫尾工作和修补缺陷11.1 Completion of Outstanding Work and Remedying Defects 8711.2 修补缺陷的费用 (87)11.3 缺陷通知期的延长11.3 Extension of Defects Notification Period (88)11.4 未能补救缺陷11.4 Failure to Remedy Defects (88)11.5 清除有缺陷的部分工程11.5 Removal of Defective Work (90)11.6 进一步的检验11.6 Further Tests (90)11.7 进入权11.7 Right of Access (90)11.8 承包商的检查11.8 Contractor to Search (91)11.9 履约证书11.9 Performance Certificate (91)11.10 未履行的义务11.1 Unfulfilled Obligations (92)11.11 现场的清理11.11 Clearance of Site (92)12. 测量和估价Measurement and Evaluation (92)12.1 需测量的工程12.1 Works to be Measured (93)12.2 测量方法12.2 Method of Measurement (94)12.3 估价12.3 Evaluation (94)12.4 省略12.4 Omissions (96)13. 变更和调整Variations and Adjustments (97)13.1 有权变更13.1 Right to Vary (97)13.2 价值工程13.2 value Engineering (98)13.3 变更程序13.3 Variation Procedure (99)13.4 以适用的货币支付13.4 Payment in Applicable Currencies (100)13.5 暂定金额13.5Provisional Sums (101)13.6 计日工13.6 Daywork (102)13.7 法规变化引起的调整13.7Adjustments for changes in Lesgislation (103)13.8 费用变化引起的调整13.8 Adjustments for Changes in the Cost (104)14. 合同价格和支付Contractor price and Payment (107)14.1 合同价格14.1The contractor Price (107)14.2 预付款14.2Advance Payment (108)14.3 期中支付证书的申请14.3 Application for Interim Payment Certificates (110)14.4 支付表14.4Schedule of Payments (111)14.5 用于永久工程的永久设备和材料14.5 Plant and Materials (112)14.6 期中支付证书的颁发14.6 Issue of Interim Payment Certificates (115)14.7 支付Payment (116)14.8 延误的支付Delayed Payment (116)14.9 保留金的支付Payment of Retention money (117)14.10 竣工报表Statement of Completion (118)14.11 申请最终支付证书Application for Final Payment Certificate (119)14.12 结清单Discharge (120)14.13 最终支付证书的颁发Issue of Final Payment Certificate (120)14.14 雇主责任的终止Cessation of Employer’s Liability (121)14.15 支付的货币Currencies of Payment (121)15. 雇主提出终止Termination by Employer (123)15.1 通知改正15.1 Notice to Correct (123)15.2 雇主提出终止15.2 Termination by Employer (123)15.3 终止日期时的估价 (126)15.4 终止后的支付15.4 Payment after Termination (126)15.5 雇主终止合同的权力 (127)16. 承包商提出暂停和终止Suspens on and Termination by Contractor (127)16.1 承包商有权暂停工作16.1 Contractor's Entitlement to Suspend Work (127)16.2 承包商提出终止16.2 Termination by Contractor (129)16.3 停止工作及承包商的设备的撤离16.3 Cessation of Work and Removal of Contractor's Equipment (130)16.4 终止时的支付16.4Payment on Termination (131)17. 风险和责任Risk and Responsibility (131)17.1 保障17.1 Indemnities (131)17.2 承包商对工程的照管17.2 Contractor's Care of the Works (133)17.3 雇主的风险17.3 Employer's Risks (134)17.4 雇主的风险造成的后果17.4 Consequences of Employer’s rirks (135)17.5 知识产权和工业产权17.5 Intellectual and Industrial Property Rights (136)17.6 责任限度17.6 Limitation of Liability (137)18. 保险Insurance (138)18.1 有关保险的总体要求18.1 General Requirements for insurances (138)18.2 工程和承包商的设备的保险18.2 Insurance for Works and Contractor’s equipment14118.3 人员伤亡和财产损害的保险18.3Insurance against Injury to Persons and Damage under to Property (144)18.4 承包商的人员的保险18.4 Insurance for C ontractor’s Personnel (145)19. 不可抗力Force Majeure (146)19.1 不可抗力的定义19.1 Defination of Force Majeure (146)19.2 不可抗力的通知19.2 Notice of Force Majeure (147)19.3 减少延误的责任19.3 Duty to Minimise Delay (148)19.4 不可抗力引起的后果19.4 Consequences of Force Majeure (148)19.5 不可抗力对分包商的影响19.5 Force Majeure Affecting Subcontractor (149)19.6 可选择的终止、支付和返回19.6 Optional Termination, Payment and Release (149)19.7 根据法律解除履约19.7 Release from Performance under the Law (151)20. 索赔、争端和仲裁Claim, Disputes and Arbitration (151)20.1 承包商的索赔20.1 Contractor's Claims (152)20.2 争端裁决委员会的委任20.2 Appointment of the Dispute Adjudication Board (155)20.3 未能同意争端裁决委员会的委任20.3 Failure to Agree Dispute Adjudication Board15720.4 获得争端裁决委员会的决定20.4 Obtaining Dispute Adjudication Board's Decision15820.5 友好解决20.5 Amicable both Settlement (160)20.6 仲裁20.6 Arbitration (160)20.7 未能遵守争端裁决委员会的决定20.7 Failure to Comply with Dispute Adjudication Board's Decision (161)20.8 争端裁决委员会的委任期满20.8 Expiry of Dispute Adjudication Board's Appointment (162)Fédération Internationale Des Ingénieurs-Conseils通用条件General Conditions1.一般规定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。

菲迪克合同条款英文版8篇篇1FIDIC合同条款英文版PART 1 - GENERAL CONDITIONS1. Definitions and Interpretation1.1 The following terms shall have the meanings specified below:"Contract" - the contract between the Employer and the Contractor, which includes the letter of acceptance and the terms and conditions set out in this document, together with any amendments thereto."Employer" - the party who employs the Contractor to carry out the Works."Contractor" - the party who accepts the employment of the Employer to carry out the Works."Works" - the permanent works to be carried out by the Contractor under the Contract, including any goods and services to be provided by the Contractor."Project" - the project to which the Works relate."Party" - either the Employer or the Contractor."Third Party" - any person or organization other than the Parties to the Contract.1.2 Interpretation of terms:(a) The singular includes the plural and vice versa.(b) Words importing persons include firms, companies, organizations, associations and partnerships.(c) The term "include" or "including" means "include, but not limited to".(d) The term "payment" means payment in full and final settlement.2. The Contract2.1 The Contract shall be deemed to have been made on the date of issuance of the letter of acceptance by the Employer to the Contractor, and thereafter all references to "the Contract"shall be deemed to include the letter of acceptance and this document, together with any amendments thereto.2.2 The Contract shall be subject to the laws of the country in which the Works are to be carried out, and to any other applicable laws, regulations and orders now or hereafter in force.2.3 The Contract shall be binding on both Parties and their respective successors and assigns, provided that neither Party may assign its rights or obligations under the Contract without the prior written consent of the other Party.3. Employment of the Contractor3.1 The Employment of the Contractor by the Employer is subject to the following conditions:(a) The Contractor shall carry out the Works under the supervision and direction of the Engineer appointed by the Employer.(b) The Contractor shall comply with all applicable laws, regulations and orders now or hereafter in force, and shall obtain any necessary licenses or approvals from any governmental or other authority.(c) The Contractor shall provide all necessary equipment, materials, tools, labor and supervision for the proper execution of the Works in accordance with the Contract documents.4. Rights and Obligations of the Parties4.1 Rights of the Employer:(a) The Employer has the right to review and approve (or disapprove) any proposed changes to the design or method of construction by the Contractor, provided that such changes do not alter the fundamental nature of the Works or increase the overall cost to the Employer.(b) The Employer has the right to review and approve (or disapprove) any proposed subcontracting arrangements by the Contractor, provided that such subcontracting does not affect the quality or performance of the Works or introduce any additional risk to the Employer.4.2 Obligations of the Employer:(a) The Employer shall provide a site office and accommodation for the use of the Contractor's staff and shall bear all costs related thereto.(b) The Employer shall reimburse the Contractor for any reasonable expenses incurred by the latter in connection withtraveling to and from the site, provided that such expenses are approved by the Engineer.4.3 Rights of the Contractor:(a) The Contractor has the right to review and comment on any proposed changes to the design or method of construction by the Employer, provided that such changes do not alter the fundamental nature of the Works or increase the overall cost to the Contractor.(b) The Contractor has the right to review and comment on any proposed subcontracting arrangements by the Employer, provided that such subcontracting does not affect the quality or performance of the Works or introduce any additional risk to the Contractor.(注：由于菲迪克合同条款较为繁杂，此处仅提供部分条款作为示例，实际合同可能包含更多详细内容和条款。

2023FIDIC白皮书（雇主－咨询工程师服务协议通用条件）中英文2023修订版FIDIC白皮书（2017版雇主－咨询工程师服务协议通用条件）CLENT / CONSULTANT MODEL SERVICES AGREEMENT FIDICFIDIC在2017年发布第五版白皮书（雇主－咨询工程师服务协议），于2022年又发布修订勘误，对原文修订勘误11处，其中完全替换或新增4个条款。

为了便于读者区别原2017版和修订版，我们用红色字体表示修订后的内容，用蓝色字体做注释。

修订版部分章节示例如下：2.1.2 The Client accepts responsibility for and acknowledges that the Consultant will rely on the accuracy, sufficiency and consistency of all the information provided by the Client or by others onbehalf of the Client. The Consultant shall use reasonable endeavours to review all significant information provided to it by the Client or by others on behalf of the Client within a reasonable time of receipt. To the extent achievable using the standard of care in Sub-Clause 3.3.1 [Standard of Care], the Consultant shall review such information with a view to ensuring that such information does not contain any manifest error , omission or ambiguity and shall give Notice to the Client promptly of any adverse findings.第2.1.2条：仅将第六行中的" Standard of Care "改为" standard of care "。

FIDIC⾦⽪书中英⽂（设计施⼯和营运合同条件）第3部分5 Design设计5.1General Design Obligations 设计义务的⼀般要求The Contractor shall carry out, and be responsible for, the design of the Works. Design shall be prepared by qualified designers who are engineers or other professionals who comply with the criteria (if any) stated in the Employer’s Requirements. Unless otherwise stated in the Contract, the Contractor shall submit to the Employer’s Representative for consent the name and particulars of each proposed design and design subcontractor.承包商应进⾏并负责⼯程的设计。

设计应由合格的设计⼈员进⾏，此类设计⼈员应为符合业主要求中规定的标准（如有时）的⼯程师或其他专业⼈员。

除⾮合同中另有规定，否则，承包商应向业主代表提交每位拟雇⽤的设计⼈员和设计分包商的姓名及详细情况，以供其批准。

The Contractor warrants that he, his designers and design Subcontractors have the experience and capability necessary for the design. The Contractor undertakes that the designers shall be available to attend discussions with the Employer’s Representative at all reasonable times.承包商应担保其⾃⼰、其设计⼈员和设计分包商具备从事设计所必须的经验和能⼒。

FIDIC白皮书《业主/咨询工程师标准服务协议书》（第三版）解读国际咨询工程师联合会（Fédération lnternationale Des lngénieurs Conseils，法文缩写FIDIC），中文音译为“菲迪克”；其英文名称是International Federation of Consulting Engineers；指国际咨询工程师联合会这一独立的国际组织；于1913年由欧洲3国（比利时、法国和瑞士）独立的咨询工程师协会在比利时根特成立。

FIDIC是国际上最有权威的被世界银行认可的咨询工程师组织。

FIDIC白皮书（第三版）解读之一FIDIC白皮书《业主/咨询工程师标准服务协议书》（CLIENT/CONSULTANT MODEL SERVICES AGREEMENT）是用于业主与咨询工程师（单位）签订服务协议的标准文本。

笔者以1998年第三版（1979年、1990年分别第一版和第二版）为例聊一聊白皮书的相关话题。

本文主要聊一聊咨询工程师的服务范围（Scopce of Services）。

咨询工程师通过招投标从业主（Client）取得服务标的，不同于承包商从雇主（Employer）取得的工程建设标的（关于为何在白皮书中用Client而不用Employer暂不作详细解析，分别译成“业主”和“雇主”以作区分）。

该服务标的主要是要求咨询工程师依靠自身的专业技术或经验公平地作出决定或提供智力方案，不需其提供用于工程项目的材料、设备等。

咨询工程师要提供三种服务，即正常服务（Normal Services）、附加服务（Additional Services）和额外服务（Exceptional Services）。

那么如何来界定或区分上述三种服务呢？●正常服务是指双方通过谈判最终达成一致后在本协议附件A（Appendix A）中载明的服务；●附加服务是附加于正常服务（additional to Normal Services）的服务。

FIDIC国际土木建筑工程承包合同（中英文第三部分）Commencement and Delays开工和延误41。

1 Commencement of Works工程的开工The Contractor shall commence the Works as soon as is reasonably possible after the receipt by him of a notice to this effect from the Engineer，which notice shall be issued within the time stated in the Appendix to Tender after the date of the Letter of Acceptance. Thereafter，the Contractor shall proceed with the Works with due expedition and without delay.承包商在接到工程师有关开工的通知后，应在合理可能的情况下尽快开工，开工通知应在中标函颁发日期之后，在投标书附件中规定的期限内发出。

此后，承包商应迅速且毫不迟延开始工程的施工。

42。

1 Possession of Site and Access Thereto现场占有权及其通道Save insofar as the Contract may prescribe除合同另有规定外：a。

the extent of portions of the Site of which the Contractor is to be given possession from time to time，andb。

the order in which such portions shall be made available to the Contractorand subject to any requirement in the Contract as to the order in which the Works shall be executed，the Employer will，with the Engineer’s Notice to Commence the Works，give to the Contractor possession ofc. so much of the Site，andd. such access as, in accordance with the Contract，is to be provided by the Employeras may be required to enable the Contractor to commence and proceed with the execution of the Works in accordance with the programme referred to in Clause 14 （if any）and otherwise in accordance with such reasonable proposals as the Contractor shall，by notice to the Engineer with a copy to the Employer, make。

英文版fidic合同范本THIS CONTRACTTHIS AGREEMENT is made on the __________ day of __________20__, between:[Party A Name], a company incorporated under the laws of [Country/State], with its registered office at [Address], hereinafter referred to as the "Employer";And[Party B Name], a company incorporated under the laws of [Country/State], with its registered office at [Address], hereinafter referred to as the "Contractor";WHEREAS the Employer intends to execute the Works as described in the Appendix to Tender and the Contractor has submitted a tender for the execution and completion of the said Works in accordance with the Conditions of Contract contained herein and the Appendix to Tender, andNOW IT IS AGREED as follows:1. DEFINITIONSIn this Contract, the following terms shall have the meanings set out below, unless the context otherwise requires:1.1 "Contract" means this Agreement including all annexes, schedules, appendices, and documents referred to herein.1.2 "Employer" means [Party A Name] as defined above.1.3 "Contractor" means [Party B Name] as defined above.1.4 "Works" means the construction, installation, and other activities described in the Appendix to Tender.1.5 "Site" means the location where the Works are to be carried out.1.6 "Commencement Date" means the date on which the Contractor is required to start the Works.1.7 "Completion Date" means the date by which the Works are to be completed.1.8 "Contract Price" means the amount stated in the Appendix to Tender as the total price for the execution and completion of the Works.1.9 "Engineer" means the person appointed by the Employer to supervise the Works.2. SCOPE OF WORKSThe Contractor shall execute and complete the Works in accordance with the drawings, specifications, and other documents forming part of the Appendix to Tender.3. CONTRACT PRICEThe Contract Price for the execution and completion of the Works shall be the amount stated in the Appendix to Tender, and the Contractor shall be entitled to payment of such price in accordance with the provisions of this Contract.4. COMMENCEMENT AND COMPLETION4.1 The Contractor shall commence the Works on theCommencement Date.4.2 The Contractor shall complete the Works by the Completion Date.5. SUPERVISION AND INSPECTIONThe Works shall be under the supervision of the Engineer, who shall have the right to inspect the Works at all reasonable times.6. QUALITY AND STANDARDSThe Contractor shall ensure that the Works are executed to a high standard of quality and in accordance with the requirements of the Appendix to Tender.7. DELAYS AND EXTENSIONS OF TIME7.1 If the Contractor is delayed in the execution of the Works due to any cause beyond the Contractor's control, the Engineer may, upon application by the Contractor, grant an extension of time for the completion of the Works.7.2 The granting of an extension of time shall not entitle the Contractor to any additional payment.8. VARIATIONS8.1 The Employer may, through the Engineer, instruct variations to the Works. The Contractor shall execute such variations and shall be entitled to payment for the same at the rates set out in the Appendix to Tender.8.2 No variation shall be made to the Contract Price except as provided in this Clause.9. PAYMENTS9.1 The Employer shall make payments to the Contractor in accordance with the provisions of this Contract and the Appendix to Tender.9.2 The Contractor shall submit invoices for payment in accordance with the provisions of this Contract.10. DEFAULT10.1 If either party is in breach of any of the terms of this Contract, the non-breaching party may, after giving written notice of the breach and an opportunity to remedy the same, terminate this Contract by giving written notice to the breaching party.11. TERMINATION11.1 This Contract may be terminated by either party upon written notice to the other party in the event of the other party's breach of any material term of this Contract.11.2 Upon termination, the Contractor shall cease all work and shall remove all its equipment and personnel from the Site.12. DISPUTESAny dispute arising out of or in connection with this Contract shall be resolved by arbitration in accordance with the rules of the International Chamber of Commerce.13. ASSIGNMENTThe Contractor shall not assign or transfer its rights or obligations under this Contract without the prior written consent of the Employer.14. NOTICESAll notices under this Contract shall be in writing and shall be deemed duly given when delivered or sent by registered mail to the addresses stated in this Contract.15. GOVERNING LAWThis Contract shall be governed by and construed in accordance with the laws of [Country/State].IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written。

PART I - GENERAL CONDITIONS of CONTRACT (7)Definitions and Interpretation (7)1.1 Definitions (7)1.2 Headings and Marginal Notes (8)1.3 Interpretation (8)1.4 Singular and Plural (8)1.5 Notices, Consents, Approvals, Certificates and Determinations (8)Engineer and Engineer's Representative (9)2.1 Engineer's Duties and Authority (9)2.2 Engineer's Representative (9)2.3 Engineer's Authority to Delegate (9)2.4 Appointment of Assistants (9)2.5 Instructions in Writing (9)2.6 Engineer to Act impartially (10)Assignment and Subcontracting (11)3.1 Assignment of Contract (11)4.1 Subcontracting (11)4.2 Assignment of Subcontractors' Obligations (11)Contract Documents (12)5.1 Language/s and Law (12)5.2 Priority of Contract Documents (12)6.1 Custody and Supply of Drawings and Documents (12)6.2 One of Copy of Drawings to be Kept on Site (12)6.3 Disruption of Progress (12)6.4 Delays and Cost of Delay of Drawings (13)6.5 Failure by Contractor to Submit Drawings (13)7.1 Supplementary Drawings and Instructions (13)7.2 Permanent Works Designed by Contractor (13)7.3 Responsibility Unaffected by Approval (13)General Obligations (14)8.1 Contractor's General Responsibilities (14)8.2 Site Operations and Methods of Construction (14)9.1 Contract Agreement (14)10.1 Performance Security (14)10.2 Period of Validity of Performance Security (14)10.3 Claims under Performance Security (14)11.1 Inspection of Site (14)12.1 Sufficiency of Tender (15)12.2 Adverse Physical Obstructions or Conditions (15)13.1 Work to be in Accordance with Contract (15)14.1 Programme to be Submitted (15)14.2 Revised Programme (16)14.3 Cash Flow Estimate to be Submitted (16)14.4 Contractor not Relieved of Duties or Responsibilities (16)15.1 Contractor's Superintendence (16)16.1 Contractor's Employees (16)16.2 Engineer at Liberty to Object (16)17.1 Setting-out (17)18.1 Boreholes and Exploratory Excavation (17)19.1 Safety, Security and Protection of the Environment (17)19.2 Employer’s Responsibilities (17)20.1 Care of Works (18)20.2 Responsibility to Rectify Loss or Damage (18)20.3 Loss or Damage due to Employer's Risks (18)20.4 Employer's Risks (18)21.1 Insurance of Works and Contractor's Equipment (19)21.2 Scope of Cover (19)21.3 Responsibility for Amounts not Recovered (19)21.4 Exclusions (19)22.1 Damage to Persons and Property (19)22.2 Exceptions (20)22.3 Indemnity by Employer (20)23.1 Third Party Insurance (including Employer's Property) (20)23.2 Minimum Amount of Insurance (20)23.3 Cross Liabilities (20)24.1 Accident or injury to Workmen (20)24.2 Insurance Against Accident to Workmen (20)25.1 Evidence and Terms of Insurances (21)25.2 Adequacy of Insurances (21)25.3 Remedy on Contractor's Failure to Insure (21)25.4 Compliance with Policy Conditions (21)26.1 Compliance with Statutes, Regulations (21)27.1 Fossils (21)28.1 Patent Rights (22)28.2 Royalties (22)29.1 Interference with Traffic and Adjoining Properties (22)30.1 Avoidance of Damage to Roads (22)30.2 Transport of Contractor's Equipment or Temporary Works (22)30.3 Transport of Materials or Plant (22)30.4 Waterborne Traffic (23)31.1 Opportunities for Other Contractors (23)31.2 Facilities for Other Contractors (23)32.1 Contractor to Keep Site Clear (23)33.1 Clearance of Site on Completion (23)Labour (24)34.1 Engagement of Staff and Labour (24)35.1 Return of Labour and Contractor's Equipment (24)Materials, Plant and Workmanship (25)36.1 Quality of Materials, Plant and Workmanship (25)36.2 Cost of Samples (25)36.3 Cost of Tests (25)36.4 Cost of Tests not Provided for (25)36.5 Engineer's Determination where Tests not Provided for (25)37.1 Inspection of Operations (25)37.2 Inspection and Testing (26)37.3 Dates for Inspection and Testing (26)37.4 Rejection (26)37.5 Independent Inspection (26)38.1 Examination of Work before Covering up (26)38.2 Uncovering and Making Openings (27)39.1 Removal of Improper Work, Materials or Plant (27)39.2 Default of Contractor in Compliance (27)Suspension (28)40.1 Suspension of Work (28)40.2 Engineer’s Determination following Suspension (28)40.3 Suspension lasting more than 84 Days (28)Commencement and Delays (29)41.1 Commencement of Works (29)42.1 Possession of Site and Access Thereto (29)42.2 Failure to Give Possession (29)42.3 Way-leaves and Facilities (29)43.1 Time for Completion (29)44.1 Extension of Time for Completion (29)44.2 Contractor to Provide Notification and Detailed Particulars (30)44.3 Interim Determination of Extension (30)45.1 Restriction on Working Hours (30)46.1 Rate of Progress (30)47.1 Liquidated Damages for Delay (31)47.2 Reduction of Liquidated Damages (31)48.1 Taking-Over Certificate (31)48.2 Taking Over of Sections or Parts (32)48.3 Substantial Completion of Parts (32)48.4 Surfaces Requiring Reinstatement (32)Defects Liability (33)49.1 Defects Liability Period (33)49.2 Completion of Outstanding Work and Remedying Defects (33)49.3 Cost of Remedying Defects (33)49.4 Contractor's Failure to Carry Out Instructions (33)50.1 Contractor to Search (33)Alterations, Additions and Omissions (35)51.1 Variations (35)51.2 Instructions for Variations (35)52.1 Valuation of Variations (35)52.2 Power of Engineer to Fix Rates (35)52.3 Variations Exceeding 15 per cent (36)52.4 Day-work (36)Procedure for Claims (38)53.1 Notice of Claims (38)53.2 Contemporary Records (38)53.3 Substantiation of Claims (38)53.4 Failure to Comply (38)53.5 Payment of Claims (38)Contractor's Equipment, Temporary Works and Materials (39)54.1 Contractor's Equipment, Temporary Works & Materials ; Exclusive Use for the Works 39 54.2 Employer not Liable for Damage (39)54.3 Customs Clearance (39)54.4 Re-export of Contractor’s Eq uipment (39)54.5 Conditions of Hire of Contractor‘s Equipment (39)54.6 Costs for the Purpose of Clause 63 (39)54.7 Incorporation of Clause in Subcontracts (39)54.8 Approval of Materials not Implied (40)Measurement (41)55.1 Quantities (41)56.1 Works to be measured (41)57.1 Method of Measurement (41)57.2 Breakdown of Lump Sum Items (41)Provisional Sums (41)58.1 Definition of “Provisional Sum” (41)58.2 Use of Provisional Sums (42)58.3 Production of Vouchers (42)59.1 Definition of “Nominated Subcontractors” (43)59.2 Nominated Subcontractors ; Objection to Nomination (43)59.3 Design Requirements to be Expressly Stated (43)59.4 Payments to Nominated Subcontractors (43)59.5 Certification of Payments to Nominated Subcontractors (44)Certificates and Payment (45)60.1 Monthly Statements (45)60.2 Monthly Payments (45)60.3 Payment of Retention Money (45)60.4 Correction of Certificates (46)60.5 Statement at Completion (46)60.6 Final Statement (46)60.7 Discharge (46)60.8 Final Certificate (46)60.9 Cessation of Employe r‘s Liability (47)60.10 Time for Payment (47)61.1 Approval only by Defects Liability Certificate (47)62.1 Defects Liability Certificate (47)62.2 Unfulfilled Obligations (47)Remedies (48)63.1 Default of Contractor (48)63.2 Valuation at Date of Termination (48)63.3 Payment after Termination (48)63.4 Assignment of Benefit of Agreement (49)64.1 Urgent Remedial Work (49)Special Risks (50)65.1 No Liability for Special Risks (50)65.2 Special Risks (50)65.3 Damage to Works by Special Risks (50)65.4 Projectiles, Missiles (50)65.5 Increased Costs arising from Special Risks (50)65.6 Outbreak of War (50)65.7 Removal of Contractor’s Equipment on Termination (51)65.8 Payment if Contract Terminated (51)Settlement of Disputes (52)67.1 Engineer’s Decision (52)67.2 Amicable Settlement (52)67.3 Arbitration (52)67.4 Failure to Comply with Engineer’s Decision (53)68.1 Notice to Contractor (53)68.2 Notice to Employer and Engineer (53)68.3 Change of Address (53)Default of Employer (54)69.1 Default of Employer (54)69.2 Removal of Contractor‘s Equipment (54)69.3 Payment on Termination (54)69.4 Contractor‘s Entitlement to Suspend Work (54)69.5 Resumption of Work (54)Changes in Cost and Legislation (55)70.1 Increase or Decrease of Cost (55)70.2 Subsequent Legislation (55)Currency and Rates of Exchange (55)71.1 Currency Restrictions (55)72.1 Rates of Exchange (55)72.2 Currency Proportions (55)72.3 Currencies of Payment for Provisional Sums (55)REFERENCE TO PART II (56)PART I - GENERAL CONDITIONS of CONTRACTDefinitions and Interpretation1.1 DefinitionsIn the Contract (as hereinafter defined) the following words and expressions shall have the meanings hereby assigned to them, except where the context otherwise requires :a. (i) "Employer" means PHU MY HUNG CORPORATION, a company incorporated andregistered at Saigon Parking Way Dist.7 HCMC. Vietnam.(ii) "Contractor" means the person named as such in Part II of these Conditions and the legal successors in title to such person, but not ( except with the consent of theEmployer) any assignee of such person.(iii) "Subcontractor" means any person named in the Contract as a Subcontractor for a part of the Works or any person to whom a part of the Works has been subcontractedwith the consent of the Engineer and the legal successors in the title to such person,but not any assignee of any such person.(iv) "Engineer" means Sino Pacific Construction Consultant Co,,Ltd. appointed by the Employer to act as Project Management for the purposes of the Contract.(v) "Engineer's Representative" means a person appointed from time to time by the Engineer under Sub-Clause 2.2.b. (i) "Contract" means these Conditions (Parts I and II), the Specification, the Drawings, theBill of Quantities, the Tender, the Letter of Acceptance, the Contract Agreement (ifcompleted) and such further documents as may be expressly incorporated tin theLetter of Acceptance or Contract Agreement (if completed).(ii) "Specification" means the specification of the Works included in the Contract and any modification thereof or addition thereto made under Clause 51 or submitted by theContractor and approved by the Engineer.(iii) "Drawings" means all drawings, calculations and technical information of a like nature provided by the Engineer to the Contractor under the Contract and all drawing,calculations, samples, patterns, models, operation and maintenance manuals andother technical information of a like nature submitted by the Contractor and approvedby the Engineer.(iv) "Bill of Quantities" means the priced and completed bill of quantities forming part of the Tender.(v) "Tender" means the Contractor's priced offer to the Employer for the execution and completion of the Works and the remedying of any defects therein accordance with theprovisions of the Contract, as accepted by the Letter of Acceptance.(vi) "Letter of Acceptance" means the formal acceptance by the Employer of the Tender.(vii) "Contract Agreement" means the contract agreement (if any) referred to in Sub-Clause9.1.(viii) Appendix to Tender" means the appendix comprised in the form of Tender annexed to these Conditions.c. (i) "Commencement Date" means the date upon which the Contractor receives the noticeto commence issued by the Engineer pursuant to Clause 41.(ii) "Time for Completion" means the time for completing the execution of and passing the Tests on Completion of the Works or any Section or part thereof as stated in theContract (or as extended under Clause 44) calculated from the Commencement Date.d. (i) "Tests on Completion" means the tests specified in the Contract or otherwise agreedby the Engineer and the Contractor which are to be made by the Contractor before theWorks or any Section or part thereof are taken over by the Employer.(ii) Taking-Over Certificate" means as certificate issued pursuant to Clause 48.e. (i) "Contract Price" means the sum stated in the Letter of Acceptance as payable to theContractor for the execution and completion of the Works and the remedying of anydefects therein accordance with the provisions of the Contract.(ii) Retention Money" means the aggregate of all monies retained by the Employer pursuant to Sub-Clause 60.2(a).f. (i) "Works" means the permanent Works and the Temporary Works or either of them asappropriate.(ii) "Permanent Works" means the permanent works to be executed (including Plant) in accordance with the Contract.(iii) "Temporary Works" means all temporary works of every kind (other than Contractor's Equipment) required in or about the execution and completion of the Works and theremedying of any defects therein.(iv) "Plant" means machinery, apparatus and the like intended to form of forming part of the permanent Works.(v) "Contractor's Equipment" means all appliances and things of whatsoever nature (other than Temporary Works) required for the execution and completion of the Works andthe remedying of any defects therein, but does not include Plant, materials or otherthings intended to form or forming part of the Permanent Works.(vi) "Section" means a part of the Works specifically identified in the Contract as a Section.(vii) "Site" means the places provided by the Employer where the Works are to be executed and any other places as may be specifically designated in the Contract asforming part of the Site.g. (i) "Cost" means all expenditure properly incurred or to be incurred, whether on or off theSite, including overhead and other charges properly allocable thereto but does not include any allowance for profit.(ii) "Day" means calendar day.(iii) "Foreign currency" means a currency of a country other than that in which the Works are to be located.(iv) "Writing" means any hand-written, type-written, or printed communication, including telex, cable and facsimile transmission.1.2 Headings and Marginal NotesThe headings and marginal notes in these Condition shall not be deemed part thereof or be taken into consideration in the interpretation or construction thereof or of the Contract.1.3 InterpretationWords importing persons or parties shall include firms and corporations and any organization having legal capacity.1.4 Singular and PluralWords importing the singular only also include the plural and vice versa where the context requires.1.5 Notices, Consents, Approvals, Certificates and DeterminationsWherever in the Contract provision is made for the giving or issue of any notice, consent, approval, certificate or determination by any person, unless otherwise specified such notice, consent, approval, certificate or determination shall be in writing and the words "notify", "certify" or "determine" shall be construed accordingly. Any such consent, approval, certificate or determination shall not unreasonably be withheld or delayed.Engineer and Engineer's Representative2.1 Engineer's Duties and Authoritya. The Engineer shall carry out the duties specified in the Contract.b. The Engineer may exercise the authority specified in or necessarily to be implied from theContract, provided, however, that if the Engineer is required, under the terms of his appointment by the Employer, to obtain the specific approval of the Employer before exercising any such authority, particulars of such requirements shall be set out in Part II of these Conditions. Provided further that any requisite approval shall be deemed to have been given by the Employer for any such authority exercised by the Engineer.c. Except as expressly stated in the Contract, the Engineer shall have no authority to relieve theContractor of any of his obligations under the Contract.2.2 Engineer's RepresentativeThe Engineer's Representative shall be appointed by and be responsible to the Engineer and shall carry out such duties and exercise such authority as may be delegate to him by the Engineer under Sub-Clause 2.3.2.3 Engineer's Authority to DelegateThe Engineer may from time to time delegate to the Engineer's Representative any of the duties and authorities vested in the Engineer and he may at any time revoke such delegation. Any such delegation or revocation shall be in writing and shall not take effect until a copy thereof has been delivered to the Employer and the Contractor.Any communication given by the Engineer's Representative to the Contractor in accordance with such delegation shall have the same effect as though it has been given by the Engineer. provided that :a. Any failure of the Engineer’s Representative to disapprove any work, materials or Plant shallnot prejudice the authority of the Engineer to disapprove such works, materials or Plant and to give instructions for the rectification thereof;b. If the Contractor questions any communication of the Engineer's Representative he may referthe matter to the Engineer who shall confirm, reverses or vary the contents of such communication.2.4 Appointment of AssistantsThe Engineer or the Engineer's representative may appoint any number of person to assist the Engineer's Representative in the carrying out of his duties under Sub-Clause 2.2. He shall notify to the Contractor the names, duties and scope of authority of such person. Such assistants shall have no authority to issue any instructions to the Contractor save in so far as such instructions may be necessary to enable them carry out their duties and to secure their acceptance of materials, Plant or workmanship as being in accordance with the Contract, and any instructions given by any of them for those purposes shall be deemed to have been given by the Engineer's representative.2.5 Instructions in WritingInstructions given by the Engineer shall be in writing, provided that if for any reason the Engineer considers it necessary to give any such instruction orally, the Contractor shall comply with such instruction. Confirmation in writing of such oral instruction given by the Engineer, whether before or after the carrying out of the instruction, shall be deemed to be an instruction within the meaning of this Sub-Clause. Provided further that if the Contractor, within 7 days, confirms in writing to the Engineer any oral instruction of the Engineer and such confirmation is not contradicted in writingwithin 7 days by the Engineer, it shall be deemed to be an instruction of the Engineer.The provisions of this Sub-Clause shall equally apply to instructions given by the Engineer's Representative and any assistants of the Engineer or the Engineer's Representative appointed pursuant to Sub-Clause 2.4.2.6 Engineer to Act impartiallyWherever, under the Contract, the Engineer is required to exercise his discretion by :a. Giving his decision, opinion or consent, orb. Expressing his satisfaction or approval, orc. Determining value, ord. Otherwise taking action which may affect the rights and obligations of the Employer or theContractorhe shall exercise such discretion impartially within the terms of the Contract and having regard to all the circumstances. Any such decision, opinion, consent, expression of satisfaction, or approval, determination of value or action may be opened up, reviewed or revised as provided in Clause 67.Assignment and Subcontracting3.1 Assignment of ContractThe Contractor shall not, without the prior consent of the Employer (which consent, notwithstanding the provisions of Sub-Clause 1.5, shall be at the sole discretion of the Employer), assign the Contract or any part thereof, or any benefit or interest therein or thereunder, otherwise than by :a. A charge in favour of the Contractor's bankers of any monies due or to become due under theContract, orb. Assignment to the Contractor's insurers (in cases where the insurers have discharged theContractor's loss or liability) of the Contractor's right to obtain relief against any other party liable.4.1 SubcontractingThe Contractor shall not subcontract the whole of the Works. Except where otherwise provided by the Contract, the Contractor shall not subcontract any part of the Works without the prior consent of the Engineer. Any such consent shall not relieve the Contractor from any liability or obligation under the Contract and he shall be responsible for the acts, defaults and neglects of any Subcontractor, his agents, servants or workmen as fully as if they were the acts, defaults or neglects of the Contractor, his agents, servants or workmen.Provided hat the Contractor shall not be required to obtain such consent for :a. the provision of labour, orb. the purchase of materials which are in accordance with the standards specified in theContract, orc. the subcontracting of any part of the Works for the Subcontractor is named in the Contract.4.2 Assignment of Subcontractors' ObligationsIn the event of a Subcontractor having undertaken towards the Contractor in respect of the work executed, or the goods, materials, Plant or services supplied by such Subcontractor, any continuing obligation extending for a period exceeding that of the Defects Liability Period under the Contract, the Contractor shall at any time, after the expiration of such Period, assign to the Employer, at the Employer’s request and cost, the benefit of such obligation for the un-expired duration thereof.Contract Documents5.1 Language/s and LawThere is stated in Part II of these Conditions :a. the language or languages in which the Contract documents shall be drawn up, andb. the country or state the law of which shall apply to the Contract & according to which theContract shall be construed.If the said documents are written in more than one language, the language according to which the Contract shall be construed and interpreted is also stated in Part II of these Conditions, being therein designated the "Ruling Language".5.2 Priority of Contract DocumentsThe several documents forming the Contract are to be taken as mutually explanatory of one another, but in case of ambiguities or discrepancies the same shall be explained and adjusted by the Engineer who shall thereupon issue to the Contractor instructions thereon and in such event, unless otherwise provided in the Contract, the priority of the documents forming the Contract shall be as follows :a. The Contract Agreement (if completed) ;b. The Letter of Acceptance ;c. The Tender ;d. Part II of these Conditions ;e. Part I of these Conditions ; andf. Any other document forming part of the Contract.6.1 Custody and Supply of Drawings and DocumentsThe Drawings shall remain in the sole custody of the Engineer, but two copies thereof shall be provided to the Contractor free of charge. The Contractor shall make at his own cost any further copies required by him. unless it is strictly necessary for the purpose of the Contract, the Drawings, Specification and other documents provided by the Employer or the Engineer shall not, without the consent of the Engineer, be used or communicated to a third party by the Contractor. Upon issue of the Defects Liability Certificate, the Contractor shall return to the Engineer all Drawings, Specification and other documents provided under the Contract.The Contractor shall supply to the Engineer four copies of all Drawings, Specification and other documents submitted by the Contractor and approved by the Engineer in accordance with Clause 7, together with a reproducible copy of any material which cannot be reproduced to an equal standard by photocopying. In addition the Contractor shall supply such further copies of such Drawings, Specification and other documents as the Engineer may request in writing for the use of the Employer, who shall pay the cost thereof.6.2 One of Copy of Drawings to be Kept on SiteOne copy of the Drawings, provided to or supplies by the Contractor as aforesaid, shall be kept by the Contractor on the Site and the same shall at all reasonable times be available for inspection and use by the Engineer and by any other person authorised by the Engineer in writing.6.3 Disruption of ProgressThe Contractor shall give notice to the Engineer, with a copy to the Employer, whenever planning or execution of the Works is likely to be delayed or disrupted unless any further drawing or instruction is issued by the Engineer within a reasonable time. The notice shall include details of the drawing or instruction required and of why and by when it is required and of any delay ordisruption likely to be suffered if it is late.6.4 Delays and Cost of Delay of DrawingsIf, by reason of any failure or inability of the Engineer to issue, within a time reasonable in all the circumstances, any drawing or instruction for which notice has been given by the Contractor in accordance with Sub-Clause 6.3, the Contractor suffers delay and/or incurs costs then the Engineer shall, after due consultation with the Employer and the Contractor, determine :a. Any extension of time to which the Contractor is entitled under Clause 44, andb. The amount of such costs, which shall be added to the Contract Price, and shall notify theContractor accordingly, with a copy to the Employer.6.5 Failure by Contractor to Submit DrawingsIf the failure or inability of the Engineer to issue any drawings or instructions is caused in whole or in part by failure of the Contractor to submit Drawings, Specification or other documents which he is required to submit under the Contract, the Engineer shall take such failure by the Contractor into account when making his determination pursuant to Sub-Clause 6.4.7.1 Supplementary Drawings and InstructionsThe Engineer shall have authority to issue to the Contractor, from time to time, such supplementary Drawings and instructions as shall be necessary for the purpose of the proper and adequate execution and completion of the Works and the remedying of any defects therein. The Contractor shall carry out and be bound by the same.7.2 Permanent Works Designed by ContractorWhere the Contract expressly provides that part of the Permanent Works shall be designed by the Contractor, he shall submit to the Engineer, for approval :a. such drawings, specifications, calculations and other information as shall be necessary tosatisfy the Engineer as to the suitability and adequacy of that design, andb. operation and maintenance manuals together with drawings of the Permanent Works ascompleted, in sufficient detail to enable the Employer to operate, maintain, dismantle, reassemble and adjust the Permanent Works incorporating that design. The Works shall not be considered to be completed for the purposes of taking over in accordance with Clause 48 until such operation and maintenance manuals, together with drawings on completion, have been submitted to and approved by the Engineer.7.3 Responsibility Unaffected by ApprovalApproval by the Engineer, in accordance with Sub-Clause 7.2, shall not relieve the Contractor of any of his responsibilities under the Contract.。