FIDIC Contract-for-Works-of-Civil-Engineering-Construction.pdf
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1、FOREWORD The terms of the Fourth Edition of the Conditions of Contract for Works of Civil Engineering Construction have been prepared by the Fdration Internationale des Ingnieurs Conseils (FIDIC) and are recommended for general use for the purpose of construction of such works where tenders are invi
2、ted on an international basis. The Conditions, subject to minor modifications, are also suitable for use on domestic contracts. The version in English of the Condition is considered by FIDIC as the official and authentic text for the purpose of translation. In the preparation of the Conditions it wa
3、s recognized 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
4、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. The General Conditions are linked with the Conditions of Particular Application, referred to as Part II, by the corresponding numbering of th
5、e Clauses, so that Parts I and II together comprise the Conditions governing the rights and obligations of the parties. Part II must be specially drafted to suit each individual Contract. When dredging and certain type of reclamation work are involved special consideration must be given to Part II.
6、To assist in the preparation of Part II explanatory material and example clauses are published with the Conditions in a separately bound document entitled “Conditions of Contract for Works of Civil Engineering Construction, Part II - Conditions of Particular Application, with Guidelines for preparat
7、ion of Part II Clauses, Fourth Edition“. FIDIC anticipates publishing shortly a new edition of its booklet “Notes on Documents for Civil Engineering Contracts“ (1977 reprinted 1979) which will include comments on provisions of the Fourth Edition of the Conditions. Users of the Fourth Edition may fin
8、d it helpful to refer to the new edition of the Notes. It may also be helpful for users to refer to other FIDIC publications, such as: Tendering Procedure (First Edition 1982) Construction, Insurance and Law (1986) FIDIC gratefully acknowledges the suggestions and comments it has received during the
9、 preparation of this edition from European International Contractors (EIC) as mandatory of Confederation of International Contractors Associations (CICA) with participation of Associated General Contractors of America (AGC). 2 - 2 FIDIC 1987 PART I - GENERAL CONDITIONS Definitions and Interpretation
10、 Definitions 1.1 In 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 the person named as such in Part II of these Conditions and the legal successors in titl
11、e to such person, but not (except with the consent of the Contractor) any assignee of such person. (ii) “Contractor“ means the person whose tender has been accepted by the Employer and the legal successors in title to such person, but not (except with the consent of the Employer) any assignee of suc
12、h 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 subcontracted with the consent of the Engineer and the legal successors in title to such person, but not any assignee of any such perso
13、n. (iv) “Engineer“ means the person appointed by the Employer to act as Engineer for the purposes of the Contract and named as such in Part II of these Conditions. (v) “Engineers Representative“ means a person appointed from time to time by the Engineer under Sub-Clause 2.2. (b) (i) “Contract“ means
14、 these Conditions (Parts I and II), the Specifications, the Drawings, the Bill of Quantities, the Tender, the Letter of Acceptance, the Contract Agreement (if completed) and such further documents as may be expressly incorporated in the Letter of Acceptance or Contract Agreement (if completed). (ii)
15、 “Specification“ means the specification of the Works included in the Contract and any modifications thereof or addition thereto made under Clause 51 or submitted by the Contractor and approved by the Engineer. (iii) “Drawings“ means all drawings, calculations and technical information of a like nat
16、ure provided by the Engineer to the Contractor under the Contract and all drawings, calculations, samples, patterns, models, operation and maintenance manuals and other technical information of a like nature submitted by the Contractor and approved by the Engineer. 2 - 3 FIDIC 1987 (iv) “Bill of Qua
17、ntities“ means the priced and completed bill of quantities forming part of the Tender. (v) “Tender“ means the Contractors priced offer to the Employer for the execution and completion of the Works and the remedying of any defects therein in accordance with the provisions of the Contract, as accepted
18、 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-Clause 9.1. (viii) “Appendix to Tender“ appendix comprised in the form of Tender annexed to these C
19、onditions. (c) (i) “Commencement Date“ means the date upon which the Contractor receives the notice to 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 p
20、art thereof as stated in the Contract (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 agreed by the Engineer and the Contractor which are to be made by the Contractor before the Works or any
21、Section or part thereof are taken over by the Employer. (ii) “Taking-Over Certificate“ means a certificate issued pursuant to Clause 48. (e) (i) “Contract Price“ means the sum stated in the Letter of Acceptance as payable to the Contractor for the execution and completion of the Works and the remedy
22、ing of any defects therein in 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 as appropriate. (ii) “Pe
23、rmanent Works“ means the permanent works to be 2 - 4 FIDIC 1987 executed (including Plant) in accordance with the Contract. (iii) “Temporary Works“ means all temporary works of every kind (other than Contractors Equipment) required in or about the execution and completion of the Works and the remedy
24、ing of any defects therein. (iv) “Plant“ means machinery, apparatus and the like intended to form or forming part of the Permanent Works. (v) “Contractors Equipment“ means all appliances and things of whatsoever nature (other than Temporary Works) required for the execution and completion of the Wor
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