Volume 1 section 2 General Condition.docx

1、Volume 1 section 2 General ConditionSection 2Part I General ConditionsFEDERATION INTERNATIONALE DES INGENIEURS-CONSEILSCONDITIONS OF CONTRACTFOR WORKS OF CIVILENGINEERING CONSTRUCTIONPART I GENERAL CONDITIONSWITH FORMS OF TENDER AND AGREEMENTFOURTH EDITION 1987Reprinted 1988 with editorial amendment

2、sReprinted 1992 with further amendmentsCONTENTSPART 1:GENERAL CONDITIONS Definitions and Interpretation 1.1 Definitions 1.2 Headings and Marginal Notes 1.3 Interpretation 1.4 Singular and Plural 1.5 Notices, Consents, Approvals, Certificates and Determinations Engineer and Engineers Representative 2

3、.1 Engineers Duties and Authority 2.2 Engineers Representative 2.3 Engineers Authority to Delegate 2.4 Appointment of Assistants 2.5 Instructions in writing 2.6 Engineer to Act Impartially Assignment and Subcontracting 3.1 Assignment of Contract 4.1 Subcontracting 4.2 Assignment of Subcontractors Ob

4、ligations Contract Documents 5.1 Language/s and Law 5.2 Priority of Contract Documents 6.1 Custody and Supply of Drawings and Documents 6.2 One Copy of Drawings to be Kept on Site 6.3 Disruption of Progress 6.4 Delays and Cost of Delay of Drawings 6.5 Failure by Contractor to Submit Drawings 7.1 Sup

5、plementary Drawings and Instructions 7.2 Permanent Works Designed by Contractor 7.3 Responsibility Unaffected by Approval General Obligations 8.1 Contractors General Responsibilities 8.2 Site Operations and Methods of Construction 9.1 Contract Agreement 10.1 Performance Security 10.2 Period of Valid

6、ity of Performance Security 10.3 Claims under Performance Security 11.1 Inspection of Site 12.1 Sufficiency of Tender 12.2 Not Foreseeable Physical Obstructions or Conditions 13.1 Work to be in Accordance with Contract 14.1 Programme to be Submitted 14.2 Revised Programme 14.3 Cash Flow Estimate to

7、be Submitted 14.4 Contractor not Relieved of Duties or Responsibilities 15.1 Contractors Superintendence 16.1 Contractors Employees 16.2 Engineer at Liberty to Object 17.1 Settingout 18.1 Boreholes and Exploratory Excavation 19.1 Safety, Security and Protection of the Environment 19.2 Employers Resp

8、onsibilities 20.1 Care of Works 20.2 Responsibility to Rectify Loss or Damage 20.3 Loss or Damage Due to Employers Risks 20.4 Employers Risks 21.1 Insurance of Works and Contractors Equipment 21.2 Scope of Cover 21.3 Responsibility for Amounts not Recovered 21.4 Exclusions 22.1 Damage to Persons and

9、 Property 22.2 Exceptions 22.3 Indemnity by Employer 23.1 Third Party Insurance (including Employers Property) 23.2 Minimum Amount of Insurance 23.3 Cross Liabilities 24.1 Accident or Injury to Workmen 24.2 Insurance Against Accident to Workmen 25.1 Evidence and Terms of Insurances 25.2 Adequacy of

10、Insurances 25.3 Remedy on Contractors Failure to Insure 25.4 Compliance with Policy Conditions 26.1 Compliance with Statutes, Regulations 27.1 Fossils 28.1 Patent Rights 28.2 Royalties 29.1 Interference with Traffic and Adjoining Properties 30.1 Avoidance of Damage to Roads 30.2 Transport of Contrac

11、tors Equipment or Temporary Works 30.3 Transport of Materials or Plant 30.4 Waterborne Traffic 31.1 Opportunities for Other Contractors 31.2 Facilities for Other Contractors 32.1 Contractor to Keep Site Clear 33.1 Clearance of Site on Completion Labour 34.1 Engagement of Staff and Labour 35.1 Return

12、s of Labour and Contractors Equipment Materials, Plant and Workmanship 36.1 Quality of Materials, Plant and Workmanship 36.2 Cost of Samples 36.3 Cost of Tests 36.4 Cost of Tests not Provided for 36.5 Engineers Determination where Tests not Provided for 37.1 Inspection of Operations 37.2 Inspection

13、and Testing 37.3 Dates for Inspection and Testing 37.4 Rejection 37.5 Independent Inspection 38.1 Examination of Work before Covering up 38.2 Uncovering and Making Openings 39.1 Removal of Improper Work, Materials or Plant 39.2 Default of Contractor in Compliance Suspension 40.1 Suspension of Work 4

14、0.2 Engineers Determination following Suspension 40.3 Suspension lasting more than 84 Days Commencement and Delays 41.1 Commencement of Works 42.1 Possession of Site and Access Thereto 42.2 Failure to Give Possession 42.3 Rights of Way and Facilities 43.1 Time for Completion 44.1 Extension of Time f

15、or Completion 44.2 Contractor to Provide Notification and Detailed Particulars 44.3 Interim Determination of Extension 45.1 Restriction on Working Hours 46.1 Rate of Progress 47.1 Liquidated Damages for Delay 47.2 Reduction of Liquidated Damages 48.1 TakingOver Certificate 48.2 TakingOver of Section

16、s or Parts 48.3 Substantial Completion of Parts 48.4 Surfaces Requiring Reinstatement Defects Liability 49.1 Defects Liability Period 49.2 Completion of Outstanding Work and Remedying Defects 49.3 Cost of Remedying Defects 49.4 Contractors Failure to Carry Out Instructions 50.1 Contractor to Search

17、Alterations, Additions and Omissions 51.1 Variations 51.2 Instructions for Variations 52.1 Valuation of Variations 52.2 Power of Engineer to Fix Rates 52.3 Variations Exceeding 15 percent 52.4 Daywork Procedure for Claims 53.1 Notice of Claims 53.2 Contemporary Records 53.3 Substantiation of Claims

18、53.4 Failure to Comply 53.5 Payment of Claims Contractors Equipment, Temporary Works and Materials 54.1 Contractors Equipment, Temporary Works and Materials; Exclusive Use for the Work 54.2 Employer not Liable for Daage 54.3 Customs Clearance 54.4 Reexport of Contractors Equipment 54.5 Conditions of

19、 Hire of Contractors Equipment 54.6 Costs for the Purpose of Clause 63 54.7 Incorporation of Clause in Subcontracts 54.8 Approval of Materials not Implied Measurement 55.1 Quantities 56.1 Works to be Measured 57.1 Method of Measurement 57.2 Breakdown of Lump Sum Items Provisional Sums 58.1 Definitio

20、n of “Provisional Sum” 58.2 Use of Provisional Sums 58.3 Production of Vouchers Nominated Subcontractor 59.1 Definition of “Nominated Subcontractors” 59.2 Nominated Subcontractors; Objection to Nomination 59.3 Design Requirements to be Expressly Stated 59.4 Payments to Nominated Subcontractors 59.5

21、Certification of Payments to Nominated Subcontractors Certificates and Payment 60.1 Monthly Statements 60.2 Monthly Payments 60.3 Payment of Retention Money 60.4 Correction of Certificates 60.5 Statement at Completion 60.6 Final Statement 60.7 Discharge 60.8 Final Payment Certificate 60.9 Cessation

22、of Employers Liability 60.10 Time for Payment 61.1 Approval only by Defects Liability Certificate 62.1 Defects Liability Certificate 62.2 Unfulfilled Obligations Remedies 63.1 Default of Contractor 63.2 Valuation at Date of Termination 63.3 Payment after Termination 63.4 Assignment of Benefit of Agr

23、eement 64.1 Urgent Remedial Work Special Risks 65.1 No Liability for Special Risks 65.2 Special Risks 65.3 Damage to Works by Special Risks 65.4 Projectile, Missile 65.5 Increased Costs arising from Special Risks 65.6 Outbreak of War 65.7 Removal of Contractors Equipment on Termination 65.8 Payment

24、if Contract Terminated Release from Performance 66.1 Payment in Event of Release from Performance Settlement of Disputes 67.1 Engineers Decision 67.2 Amicable Settlement 67.3 Arbitration 67.4 Failure to Comply with Engineers Decision Notices 68.1 Notice to Contractor 68.2 Notice to Employer and Engi

25、neer 68.3 Change of Address Default of Employer 69.1 Default of Employer 69.2 Removal of Contractors Equipment 69.3 Payment on Termination 69.4 Contractors Entitlement to Suspend Work 69.5 Resumption of Work Changes in Cost and Legislation 70.1 Increase or Decrease of Cost 70.2 Subsequent Legislatio

26、n Currency and Rates of Exchange 71.1 Currency Restrictions 72.1 Rates of Exchange 72.2 Currency Proportions 72.3 Currencies of Payment for Provisional Sums REFERENCE TO PART II INDEX TENDER APPENDIX AGREEMENT EDITORIAL AMENDMENTS IN 1988 FURTHER AMENDMENTS IN 1992 PART I GENERAL CONDITIONSDefinitio

27、ns and InterpretationDefinitions1.1 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 lega

28、l successors in title 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)

29、 any assignee of such 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 assign

30、ee of any such person. (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 SubClause 2.2. (b) (i) “Contract” means these Conditions (Parts I and II), the Specification, the Drawings, the Bill of Quantities, the Tender, the Letter of Acceptance, the Contract Agreement (if completed) and such further documents a