FIDICPARTII87.docx

1、FIDICPARTII87FEDERATION INTERNATIONALE DES INGENIEURS-CONSEILSCONDITIONS OF CONTRACT FOR WORKS OF CIVIL ENGINEERING CONSTRUCTIONPART II CONDITIONS OF PARTICULARAPPLICATION WITH GUIDELINES FORPREPARATION OF PART II CLAUSESThe Conditions of Contract for Works of Civil Engineering Construction, 4th Edi

2、tion, Parts I and II are subject to copyright and may not be reproduced without permission of FIDIC. Copies of the Conditions may be obtained from the FIDIC Secretariat at PO Box 86, CH-1000 Lausanne, 12 Chailly, Switzerland.(c) FIDIC 1987Table of ContentsIntroduction ( including special reference t

3、o Dredging and Reclamation Work)1 Definition2 Engineers Duties5 Language/s and Law and Documents9 Contract Agreement10 Performance Security11 Inspection of Site12 Not Foreseeable Physical Obstructions or Conditions14 Programme & Cashflow Estimate15 Contractors Superintendence16 Contractors Employees

4、18 Boreholes and Exploratory Excavation19 Safety, Security and Protection of the Environment21 Insurance of Works and Contractors Equipment21,23 & 25 Insurances Arranged by Employer28 Royalties31 Opportunities for Other Contractors34 Labour35 Records & Reports40 Suspension43 Time for Completion45 Re

5、striction on Working Hours47 Bonuses48 Prevention from Testing49 Defects Liability50 Contractor to Search51 Variations52 Payment in Foreign Currency54 Vesting of Contractors Equipment60 Certificates and Payments67 Settlement of Disputes68 Notices69 Default of Employer70 Changes in Cost and Legislati

6、on72 Currency Proportions73 Additional Clauses INTRODUCTIONThe terms of the Fourth Edition of the Conditions of Contract for Works of Civil Engineering Construction have been prepared by the Federation Internationale des Ingenieurs Conseils (FIDIC) and are recommended for general use for the purpose

7、 of construction of such works where tenders are invited on an international basis. The Conditions, subject to minor modifications, are also suitable for use on domestic contracts.The version in English of the Conditions is considered by FIDIC as the official and authentic text for the purpose of tr

8、anslation.The Clauses of general application have been grouped together in a separately bound document and are referred to 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.In the preparatio

9、n of the Conditions it was recognised 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.Part I - General Conditions and Part II - Conditions of Particular Applicat

10、ion together comprise the Conditions governing the rights and obligations of the parties.For this reason a Part II standard form has not been produced. It will be necessary to prepare a Part II document for each individual contract and the Guidelines are intended to aid in this task by giving option

11、s for various clauses where appropriate.Part II clauses may arise for one or more reasons, of which the following are examples:(i) Where the wording in Part I specifically requires that further information is to be included in Part II and the Conditions would not be completed without that informatio

12、n namely in Sub Clauses 1.1, paragraphs (a) (i) and (iv), 5.1 (part) 14.1, 14.3, 68.2 and 70.1.(ii) Where the wording in Part I indicates that supplementary information may be included in Part II, but the conditions would still be complete without any such information, namely in Sub Clauses 2.1 para

13、graph (b), 5.1 (part), 21.1 paragraph (b) and 72.2.(iii) Where the type, circumstances or locality of the Works necessitates additional Clauses or Sub-Clauses.(iv) Where the law of the country or exceptional circumstances necessitate an alteration in Part I. Such alterations should be effected by st

14、ating in Part II that a particular Clause, or part of a Clause, in Part I is deleted and giving the substitute Clause, or part, as applicable.As far as possible, in the Clauses that are mentioned hereunder, example wording in provided.In the case of some Clauses, however, only an aide memoire for th

15、e preparation is given. Before incorporating any example wording it must be checked to ensure that it is wholly suitable for the particular circumstances and, if not, it must be varied. Where example wording is varied and in all cases where additional material in included in Part II, care must be ta

16、ken that no ambiguity is created with Part I or between the Clauses in Part II.Dredging and Reclamation WorkSpecial consideration must be given to Part II where dredging and certain types of reclamation work are involved. Dredgers are considerably more expensive than most items of Contractors Equipm

17、ent and the capital value of a dredger can often exceed the value of the Contract on which it is used.For this reason, it is in the interests of both the Employer and the Contractor that a dredger is operated intensively in the most economic fashion, subject to the quality of work and any other over

18、-riding factors. With this end in view, it is customary to allow the Contractor to execute dredging work continuously by day and by night seven days a week. Another difference from most civil engineering is that on dredging work the Contractor is not normally held responsible for the remedying of th

19、e defects after the date of completion as certified under Clause 48. Part II contains explanations and example wording to cover the above points and others relating to dredging. Clauses 11, 12, 18, 19, 28, 40, 45, 50 and 51 are those which most often require attention in Part II when dredging work i

20、s involved and reference is included under each of these Clauses. Other Clauses may also need additions in Part II in certain circumstances. Reclamation work varies greatly in character and each instance must be considered before deciding whether it is appropriate to introduce Part II changes simila

21、r to those adopted for dredging, or to use the standard civil engineering form unaltered. Clause 1Sub-Clause 1.1 - Definitions(a) (i) The Employer is (insert name)(a) (iv) The Engineer is (insert name)If further definitions are essential, additions should be made to the list.Clause 2Sub-Clause 2.1 -

22、 Engineers DutiesEXAMPLEThe Engineer shall obtain the specific approval of the Employer before carrying out his duties in accordance with the folIowing Clauses of Part I:(a) Clause (insert applicable number)(b) Clause (insert applicable number)(c) Clause (insert applicable number) This list should b

23、e extended or reduced as necessary.In some cases the obligation to obtain the approval of the Employer may apply to only one Sub-Clause out of several in a Clause or approval may only be necessary beyond certain limits, monetary or otherwise. Where this is so, the example wording must be varied. If

24、the obligation to obtain the approval of the Employer could lead to the Engineer being unable to take action in an emergency, where matters of safety are involved, an additional paragraph may be necessary.EXAMPLENotwithstanding the obligation, as set out above, to obtain approval, if , in the opinio

25、n of the Engineer, an emergency occurs affecting the safety of life or of the Works or of adjoining property, he may, without relieving the Contractor of any of his duties and responsibilities under the Contract, instruct the Contractor to execute all such work or to do all such things as may, in th

26、e opinion of the Engineer, be necessary to abate or reduce the risk. The Contractor shall forth with comply, despite the absence of approval of the Employer, with any such instruction of the Engineer. The Engineer shall determine an addition to the Contract Price, in respect of such instruction, in

27、accordance with Clause 52 and shall notify the Contractor accordingly, with a copy to the Employer.Clause 5Sub-Clause 5.1 - Language/s and Law(a) The language is (insert as applicable)(b) The law is that in force in (insert name of country)If necessary (a) above should be varied to read:The language

28、s are (insert as applicable)and there should be addedThe Ruling Language is (insert as applicable) Sub-Clause 5.2 - Priority of Contract DocumentsWhere it is decided that an order of precedence of all documents should be included, this Sub-Clause may be varied as follows:EXAMPLEDelete the documents

29、listed 1 - 6 and substitute:(1) the Contract Agreement (if completed);(2) the Letter of Acceptance;(3) the Tender;(4) the Conditions of Contract Part II;(5) the Conditions of Contract Part I;(6) the Specification;(7) the Drawings; and(8) the priced Bill of QuantitiesorWhere it is decided that no ord

30、er of precedence of documents should be included, this Sub-Clause may be varied as follows:EXAMPLEDelete the text of the Sub-Clause and substitute:The several documents forming the Contract are to be taken as mutually explanatory of one another, but in the case of ambiguities or discrepancies the pr

31、iority shall be that accorded by law. If , in the opinion of the Engineer, such ambiguities or discrepancies make it necessary to issue any instruction to the Contractor in explanation or adjustment, the Engineer shall have authority to issue such instruction.Clause 9Where it is decided that a Contr

32、act Agreement should be entered into and executed the form must be annexed to these Conditions as stated in Sub-Clause 9.1 of Part 1 of these Conditions.A suitable form is annexed to Part I - General Conditions.Clause 10Sub-Clause 10.1 - Performance SecurityWhere it is decided that a performance security should be obtained by the Contractor, the form must be annexed to these Conditions as stated in Sub-Clause 10.1 of Part 1 of these Conditions.Two example forms