菲迪克合同黄皮书全英文Word格式文档下载.docx

1、Contract Agreement means the Contract Agreement （if any） referred to in Sub-Clause1.6 Contract Agreement.1.1.1.3Letter of Acceptance means the letter of formal acceptance, signed by the Employer, of the Letter of Tender, including any annexed memoranda comprising agreements between and signed by bot

2、h Parties. If there is no such Letter of Acceptance, the expression means the Contract Agreement and the date of issuing or receiving the Letter of Acceptance means the date of signing the Contract Agreement.1.1.1.4Letter of Tender means the document entitled Letter of Tender, which was completed by

3、 the Contractor and includes the signed offer to the Employer for the Works.1.1.1.5 Employers Requirements means the document entitled Employers Requirements, as included in the Contract, and any additions and modifications to such document in accordance with the Contract. Such document specifies th

4、e purpose, scope, and/or design and/or other technical criteria, for the Works.1.1.1.6Schedules means the document（s） entitled Schedules, completed by the Contractor and submitted with the Letter of Tender, as included in the Contract. Such document may include data, lists and Schedules of payments

5、and/or prices.1.1.1.7Contractors Proposal means the document entitled proposal, which the Contractor submitted with the Letter of Tender, as included in the Contract. Such document may include the Contractors preliminary design.1.1.1.8Tender means the Letter of Tender and all other documents which t

6、he Contractor submitted with the Letter of Tender, as included in the Contract.1.1.1.9Appendix to Tender means the completed pages entitled Appendix to Tender which are appended to and form part of the Letter of Tender.1.1.1.10Schedule of Guarantees and Schedule of Payments mean the documents so nam

7、ed （if any） which are comprised in the Schedules.1.1.2Parties and Persons1.1.2.1Party means the Employer or the Contractor, as the context requires.1.1.2.2 Employer means the person named as Employer in the Appendix to Tender and the legal successors in title to this person.1.1.2.3 Contractor means

8、the person（s） named as Contractor in the Letter of Tender accepted by the Employer and the legal successors in title to this person（s）.1.1.2.4Engineer means the person appointed by the Employer to act as the Engineer for the purposes of the Contract and named in the Appendix to Tender, or other pers

9、on appointed from time to time by the Employer and notified to the Contractor under Sub-Clause3.4 Replacement of the Engineer.1.1.2.5 Contractors Representative means the person named by the Contractor in the Contract or appointed from time to time by the Contractor under Sub-Clause4.3 Contractors R

10、epresentative, who acts on behalf of the Contractor.1.1.2.6Employers Personnel means the Engineer, the assistants referred to in Sub-Clause3.2 Delegation by the Engineer and all other staff, labour and other employees of the Engineer and of the Employer; and any other personnel notified to the Contr

11、actor, by the Employer or the Engineer, as Employers Personnel.1.1.2.7Contractors Personnel means the Contractors Representative and all personnel whom the Contractor utilises on Site, who may include the staff, labour and other employees of the Contractor and of each Subcontractor; and any other pe

12、rsonnel assisting the Contractor in the execution of the Works.1.1.2.8 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.1.1.2.9 DAB means the person

13、 or three persons so named in the Contract, or other person（s） appointed under Sub-Clause20.2 Appointment of the Dispute Adjudication Board or Sub-Clause20.3 Failure to Agree Dispute Adjudication Board.1.1.2.10FIDIC means the Fdration Internationale des Ingnieurs-Conseils, the international federati

14、on of consulting engineers.1.1.3Dates, Tests, Periods and Completion1.1.3.1Base Date means the date 28 days prior to the latest date for submission of the Tender.1.1.3.2Commencement Date means the date notified under Sub-Clause8.1 Commencement of Works.1.1.3.3Time for Completion means the time for c

15、ompleting the Works or a Section （as the case may be） under Sub-Clause8.2 Time for Completion, as stated in the Appendix to Tender （with any extension under Sub-Clause8.4 Extension of Time for Completion）, calculated from the Commencement Date.1.1.3.4Tests on Completion means the tests which are spe

16、cified in the Contract or agreed by both Parties or instructed as a Variation, and which are carried out under Clause9 Tests on Completion before the Works or a Section （as the case may be） are taken over by the Employer.1.1.3.5Taking-Over Certificate means a certificate issued under Clause10 Employ

17、ers Taking Over.1.1.3.6Tests after Completion means the tests （if any） which are specified in the Contract and which are carried out under Clause12 Tests after Completion after the Works or a Section （as the case may be） are taken over by the Employer.1.1.3.7Defects Notification Period means the per

18、iod for notifying defects in the Works or a Section （as the case may be） under Sub-Clause11.1 Completion of Outstanding Work and Remedying Defects, as stated in the Appendix to Tender （with any extension under Sub-Clause11.3 Extension of Defects Notification Period）, calculated from the date on whic

19、h the Works or Section is completed as certified under Sub-Clause10.1 Taking Over of the Works and Sections.1.1.3.8Performance Certificate means the certificate issued under Sub-Clause11.9 Performance Certificate.1.1.3.9day means a calendar day and year means 365 days.1.1.4Money and Payments1.1.4.1A

20、ccepted Contract Amount means the amount accepted in the Letter of Acceptance for the design, execution and completion of the Works and the remedying of any defects.1.1.4.2Contract Price means the price defined in Sub-Clause14.1 The Contract Price, and includes adjustments in accordance with the Con

21、tract.1.1.4.3Cost 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.1.1.4.4Final Payment Certificate means the payment certificate issued under Sub-Clause14.13 Issue of Fina

22、l Payment Certificate.1.1.4.5Final Statement means the Statement defined in Sub-Clause14.11 Application for Final Payment Certificate.1.1.4.6Foreign Currency means a currency in which part （or all） of the Contract Price is payable, but not the Local Currency.1.1.4.7 Interim Payment Certificate means

23、 a payment certificate issued under Clause14 Contract Price and Payment, other than the Final Payment Certificate.1.1.4.8Local Currency means the currency of the Country.1.1.4.9Payment Certificate14 Contract Price and Payment.1.1.4.10Provisional Sum means a sum （if any） which is specified in the Con

24、tract as a Provisional Sum, for the execution of any part of the Works or for the supply of Plant, Materials or services under Sub-Clause13.5 Provisional Sums.1.1.4.11Retention Money means the accumulated Retention Moneys which the Employer retains under Sub-Clause14.3 Application for Interim Paymen

25、t Certificates and pays under Sub-Clause14.9 Payment of Retention Money.1.1.4.12Statement means a Statement submitted by the Contractor as part of an application, under Clause14 Contract Price and Payment, for a payment certificate.1.1.5Works and Goods1.1.5.1Contractors Equipment means all apparatus

26、, machinery, vehicles and other things required for the execution and completion of the Works and the remedying of any defects. However, Contractors Equipment excludes Temporary Works, Employers Equipment （if any）, Plant, Materials and any other things intended to form or forming part of the Permane

27、nt Works.1.1.5.2Goods means Contractors Equipment, Materials, Plant and Temporary Works, or any of them as appropriate.1.1.5.3Materials 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

28、 the Contractor under the Contract.1.1.5.4Permanent Works means the Permanent Works to be designed and executed by the Contractor under the Contract.1.1.5.5Plant means the apparatus, machinery and vehicles intended to form or forming part of the Permanent Works.1.1.5.6Section means a part of the Works specified in the Appendix to Tender as a Section （if any）.1.1.5.7Temporary Works means all Temporary Works of every kind （other than Contractors Equipment） required on Site for the execution and completion of the Permanent Works and the remedying of any defects.1.1.5.8Works mea