EPC04Particular Conditions.docx

1、EPC04Particular ConditionsGuidance for the Preparation of Particular ConditionsINTRODUCTIONThe terms of the Conditions of Contract for EPC/Turnkey Projects have been prepared by the Federation Internationale des Ingenieurs-Conseils (FIDIC) and are recommended where one entity takes total responsibil

2、ity for an engineering project, including design, manufacture, delivery and installation of plant, and design and execution of building or engineering works, tenders having been invited on an international basis. Modifications to the Conditions may be required in some legal jurisdictions, particular

3、ly if they are to be used on domestic contracts.Major turnkey projects may required some negotiation between the parties. Having studied the variety of options offered by tenderers, the Employer may consider it essential to meet and discuss with them the technical options which the Employer consider

4、s preferable. Under the usual arrangements for this type of contract, the Contractor carries out the Engineering, Procurement and Construction, and provides a fully-equipped facility, ready for operation (at the “turn of the key”)The guidance hereafter is intended to assist writers of the Particular

5、 Conditions by giving options for various sub-clauses where appropriate. As far as possible, example wording is included, between lines. In some cases, however, only an aide-memoire is given.Before incorporating any example wording, it must be checked to ensure that it is wholly suitable for the par

6、ticular circumstances. Unless it is considered suitable, example wording should be amended before use.Where example wording is amended, and in all cases where other amendments or additions are made, care must be taken to ensure that no ambiguity is created, either with the General Conditions or betw

7、een the clauses in the Particular Conditions.In the preparation of the Conditions of Contract to be included in the tender documents for a contract, the following text can be used:The Conditions of Contract comprise the “General Conditions”, which from part of the “Conditions of Contract for EPC/Tur

8、nkey Projects” First Edition 1999 published by the Federation Internationale des Ingenieurs-Conseils (FIDIC), and the following “Particular Conditions”, which include amendments and additions to such General Conditions.The following Sub-Clauses of the General Conditions require data to be included i

9、n the Particular Conditions:1.1.3.3 & 8.2 Time for Completion1.1.3.7 & 11.1 Defects Notification Period1.1.5.6 Definition of each Section, if any1.3 Electronic systems for communications1.4 Laws and languages2.1 Time for possession of the Site4.2 Performance Security4.4 Notice of Subcontractors8.7/1

10、2.4 & 14.15 (b) Delay/performance damages13.8 Adjustments for changes in Cost14.2 Advance payments(s)14.3 Retention17.6 Limitation of liability18.1 Employers insurance (if any). Evidence of insurances18.2 (d) Insurance of Employers risks18.3 Insurance against injury to persons and damage to properly

11、20.2 Number of members of the dispute adjudication board20.3 Appointing entity for the dispute adjudication boardNotes on the Preparation of Tender DocumentsThe tender documents should be prepared by suitably-qualified engineers who are familiar with the technical aspects of the required works, and

12、a review by suitably-qualified lawyers may be advisable. The tender documents issued to tenderers will consist of the Conditions of Contract and the Employers Requirements, and (possibly) the preferred from for the Letter of Tender. In addition, each of the Tenderers should receive the data referred

13、 to in Sub-Clause 4.10, and the Instructions to Tenderers to advise them of any matters which the Employer wishes them to include in their Tender but which do not form part of the Employers Requirements for the Works.When the Contract Agreement is signed by the Employer and the Contractor, the Contr

14、act (which then comes into full force and effect) includes the Tender and any memoranda annexed to the Contract Agreement.The Employers Requirements should specify the particular requirements for the completed Works on a functional basis, including detailed requirements on quality and scope, and may

15、 require the Contractor to supply items such as consumables. The matters referred to in some or all of the following Sub-Clauses might be included:1.8 Number of copies of Contractors Documents1.13 Permissions obtained by the Employer2.1 Phased possession of foundations, structures, plant or means of

16、 access4.1 Intended purposes for which the Works are required4.6 Other contractors (and others) on the Site4.7 Setting-out points, lines and levels of reference4.18 Environmental constraints4.19 Electricity, water, gas and other services available on the Site4.20 Employers Equipment and free-issue material5.1 Requirements, data and information fo