FIDIC交钥匙工程合同条件英文Word文件下载.docx

1、1.1.1.3“Employers Requirement” means the document entitled employers requirements, as included in the Contract, and any additions and modifications to such document in accordance with Contract. Such document specifies the purpose, scope, and /or design and/or other technical criteria, for the Works.

2、1.1.1.4“Tender” means the Contractors signed offer for the Works and all other documents which the Contractor submitted therewith （other than these Conditions and the Employers Requirements, if so submitted）, as included in the Contract.1.1.1.5“Performance Guarantees” and “Schedule of Payments” mean

3、 the documents so named （if any）, as included in the Contract.1.1.2Parties and Persons1.1.2.1“Party” means the Employer or the Contractor, as the context requires.1.1.2.2“Employer” means the person named as employer in the Contract Agreement and the legal successors in title to this person.1.1.2.3“C

4、ontractor” means the person（s） named as contractor in the Contract Agreement and the legal successors in title to this person（s）.1.1.2.4“Employers 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 Employers

5、Representative, who acts on behalf of the Employer.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-Clause 4.3 Contractors representative, who acts on behalf of the Contractor.1.1.2.6“Employers Per

6、sonnel” means the Employers Representative, the assistants referred to in Sub-Clause 3.2 Other Employers Personnel and all other staff, labour and other employees of the Employers Representative; and any other personnel notified to the Contractor, by the Employer or the Employers Representative, as

7、Employers Personnel.1.1.2.7“Contractors Personnel” means the Contractors Representative and all personnel whom the Contractor utilizes on Site, who may include the staff, labour and other employees of the Contractor and of each Subcontractor; and any other personnel assisting the Contractor in the e

8、xecution 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 part of the Works; and the legal successors in title to each of these persons.1.1.2.9“DAB” means the person or three persons so named in the Contract

9、, or other person（s） appointed under Sub-Clause 20.2 Appointment of the Dispute Adjudication Board or Sub-Clause20.3 Failure to Agree Dispute Adjudication Board.1.1.2.10“FIDIC” means the International Federation of consulting engineers.1.1.3Dates, Tests, Periods and Completion1.1.3.1“Base Date” mean

10、s the date 28 days prior to the latest date for submission of the Tender.1.1.3.2“Commencement Date” means the date notified under Sub-Clause 8.1 Commencement of Works, unless otherwise defined in the Contract Agreement.1.1.3.3“Time for Completion” means the time for completing the Works or a Section

11、 （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 Extension of Time for Completion）, calculated from the commencement Date.1.1.3.4“Tests on Completion” means the tests which are specified in the Contract or

12、 agreed by both parties of 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.1.1.3.5“Taking-Over Certificate” means a certificate issued under Clause 10 Employers Taking Over.1.1.3

13、.6“Test after Completion” means the tests （if any） which 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.1.1.3.7“Defects Notification Period” means the period for notifying

14、 defects in the Works or a Section （as the case may be） under Sub-Clause 11.1 Completion of Outstanding Work 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 of which the Works

15、or Section is completed 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.1.1.3.8“Performance Certificate” means the certificate issued under Sub-Clause 11.9 Performance Certificate.1.1.3.9

16、“day” means a calendar day and “year” means 365 days.1.1.4Money and Payments1.1.4.1“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 adjustments （if any） in accordance with th

17、e Contract.1.1.4.2“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.1.1.4.3“Final Statement” means the statement defined in Sub-Clause 14.11 Application for Final Pay

18、ment.1.1.4.4“Foreign Currency” means a currency in which part （or all） of the Contract Price is payable, but not the local Currency.1.1.4.5“Local Currency” means the currency of the Country.1.1.4.6“Provisional Sum” means a sum （if any） which is specified in the Contract as a provisional sum, for the

19、 execution of any part of the Works or for the supply of Plant, Materials or services under Sub-Clause 13.5 Provisional Sums.1.1.4.7“Retention Money” means the accumulated retention moneys which the Employer retains under Sub-Clause 14.3 Application for interim Payments and pays under Sub-Clause14.9

20、 Payment of Retention Money.1.1.4.8“Statement” means the accumulated submitted by the Contractor as part of an application for payment under Clause 14 Contract Price and Payment.1.1.5Works and Goods1.1.5.1“Contractors Equipment” means all apparatus, machinery, vehicles and other things required for

21、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 Permanent Works.1.1.5.2“Goods” means Contractors Equipment,

22、 Materials, Plant and Temporary Works, or any of them as appropriate.1.1.5.3“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.1.1.5.4“Perma

23、nent Works” means the permanent works to be designed and executed by the Contractor under the Contract.1.1.5.5“Plant” means the apparatus, machinery and vehicles intended to form or forming part of the Permanent Works.1.1.5.6“Section” means a part of the Works specified in the Particular Conditions

24、as a Section （if any）.1.1.5.7“Temporary 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.1.1.5.8“Works” mean the Permanent Works and Temporary Works, or either o

25、f them as appropriate. 1.1.6Other Definitions“Contractors 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 Contractors Documents.1

26、.1.6.2“Country” means the country in which the Site （or most of it） is located where the Permanent Works are to be executed.1.1.6.3“Employers 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

27、 stated in the Employers Requirements; but does not include Plant which has not been taken over by the Employer.1.1.6.4“Force Majeure” is defined in Clause 19 Force Majeure.1.1.6.5“Laws” means all national （or state） legislation, statutes, ordinances and other laws, and regulations and by-laws of an

28、y legally constituted public authority.1.1.6.6“Performance Security” means the security （or securities, if any） under Sub-Clause 4.2Performance Security.1.1.6.7“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 pla

29、ces as may be specified in the Contract as forming part of the Site.1.1.6.8“Variation” means any change to the Employers Requirements or the Works, which is instructed or approved as a variation under Clause 13 Variations and Adjustments.Interpretation1.2In the Contract, except where the context requires otherwise:（a） Words indicating one gender include all genders;（b） Words indicating the singular also include the plural and words indicating