FIDIC 分包合同.docx

1、FIDIC 分包合同CONDITIONS OF SUBCONTRACT FOR WORKS OF CIVIL ENGINEERING COSNTRUCTIONPart I- General ConditionsPart II- Guidance for the Preparation of Condition of Particular ApplicationWith Forms of Offer and Agreement(For use in conjunction with the Conditions of Contract for Works of Civil Engineering

2、 Construction, Forth Edition 1987 Reprinted 1992 with further amendments)1st Edition 1994ACKNOWLEDGEMENTSFIDIC extends special thanks to Christopher R. Seppala and Maurizio Ragazzi, White & Case, Paris, for acting as the principal drafter of this document. This contribution to FIDIC and the professi

3、on is highly appreciated.The draft was reviewed initially by Mario Asin of TAMS, USA and Edward Corbett of Corbett & Co., UK and subsequently by the World Bank, European International Contractors, the International Bar Association and ConSpec, all of whom provided valuable comments. Advice on insura

4、nce matters was provided by Martyn J. Nixon of Willis Corron, London.The preparation was carried out under the general direction of the FIDIC Contracts Committee comprising K.B (Tony) Norris, Consulting Engineer, UK; Michael Mortimer-Halwkins of SwedPower, Sweden; and John Bowcock of Sir Alexander G

5、ibb & Partner Ltd. UK.FIDIC wishes to record its appreciation of the time and effort devoted by all the above.The ultimate decision on the form and content of the document rests with FIDIC.CONTENTSPART I:GENERAL CONDITIONSDefinitions and Interpretation1.1Definitions1.2Headings and Marginal Notes1.3I

6、nterpretation1.4Singular and Plural1.5Notices, Consents, Approvals, Certificates, Confirmation and Determinations1.6Instructions in WritingGeneral Obligations 2.1Subcontractors General Responsibilities2.2Performance Security2.3Programme to be submitted by Subcontractor2.4Assignment of Subcontract2.5

7、Sub-contractingSubcontract Documents3.1Language/s3.2Governing Law3.3Subcontract Agreement3.4Priority of Subcontract DocumentsMain Contract4.1Subcontractors Knowledge of Main Contract4.2Subcontractors Responsibilities in Relation to Subcontract Works4.3No Privity of Contract with Employer4.4Possible

8、Effects of Subcontractors Breaches of SubcontractTemporary Works, Contractors Equipment and/or Other Facilities (if Any)5.1Subcontractors Use of Temporary Works5.2Subcontractors Use of Contractors Equipment and/or Other Facilities (if any) in Common with Other Subcontractors5.3Subcontractors Exclusi

9、ve Use of Contractors Equipment and/or Facilities (if Any)5.4Indemnification for Misuse of Temporary Works, Contractors Equipment and/or Other Facilities (if Any)Site Working and Access6.1Working Hours on Site; Subcontractors Compliance with Rules and Regulations6.2Availability of Site to Subcontrac

10、tor and Access to Site6.3Subcontractors Obligation to Permit Access to Subcontract WorksCommencement and Completion7.1Commencement of Subcontract Works;Subcontracts Time for Completion7.2Extension of Subcontractors Time for Completion7.3Contractors Obligation to NotifyInstructions and Decision8.1Ins

11、truction and Decision under Main Contract8.2Instruction under SubcontractVariations9.1Variation of Subcontract Works9.2Instructions for VariationValuation of Variations10.1Manner of Valuation10.2Assessment of Value of Variation10.3Valuation by Reference to Measurement under Main Contract10.4Quantity

12、 Estimated and Quantity Executed10.5DayworkNotices and Claims11.1Notices11.2Claims11.3Effects of Failure to Give NoticeSubcontractors Equipment, Temporary Works and Materials12.1Incorporation by ReferenceIndemnities13.1Subcontractors Obligation to Indemnify13.2Contractors Obligation to IndemnifyOuts

13、tanding Work and Defects14.1Subcontractors Obligation before Taking-Over14.2Subcontractors Obligation after Taking-Over14.3Defects Caused by Contractors Act or DefaultInsurance15.1Subcontractors obligation to InsureContractors Obligation to Insure; Subcontract Works at Subcontractors RiskEvidence of

14、 Insurance; Remedy on Failure to InsurePayment16.1Subcontractors Monthly Statements16.2Contractors Monthly Statements16.3Payment Due; Payment Withheld or Deferred; Interest16.4Payment of Retention Money16.5Payment of Subcontract Price and Other Sums Due16.6Cessation of Contractors LiabilityTerminati

15、on of Main Contract17.1Termination of Subcontractors Employment17.2Payment after Termination17.3Termination of Main Contract in Consequence of Breach of SubcontractDefault of Subcontractor18.1Termination of Subcontract18.2Contractors and Subcontractors Rights and Liabilities upon Termination18.3Cont

16、ractors PowersSettlement of Disputes19.4Amicable Settlement and Arbitration19.2Dispute in Connection with or Arising out of Main Contract Touching or Concerning Subcontract WorksNotices and Instructions20.1Giving of Notices and Instructions20.2Change of AddressChanges in Cost and Legislation21.1Incr

17、ease or Decrease of Cost21.2Subsequent LegislationCurrency and Rates of Exchange22.1Currency Restriction22.2Rates of ExchangeREFERENCE TO PART IIPART II:GUIDANCE FOR THE PREPARATION OF CONDITIONS OF PARTICULAR APPLICATION1Definitions and Interpretation2General Obligations3Subcontract Document4Main C

18、ontract5Temporary Works, Contracts Equipment and/or Other Facilities (if Any)6Site Working and Access7Commencement and Completion12Subcontractors Equipment, Temporary Works and Materials14Outstanding Work and Defects15Insurances16Payment19Settlement of Disputes22Currency and Rates of ExchangeSUBCONT

19、RACTORS OFFERAPPENDIX TO SUBCONTRACTORS OFFERSUBCONTRACT AGREEMENTPART I GENERAL CONDITIONSDefinitions and Interpretation1.1In the Subcontract (as hereinafter defined) all words and expression shall have the same meanings as are respectively assigned to them in the Main Contract (as hereinafter defi

20、ned), except where the context otherwise requires and except that the following words and expressions shall have the meanings hereby assigned to them:(a)(i) “Employer” means the person named as such in Part II of the Conditions of Subcontract and the legal successors in title to, or assignees of, su

21、ch person, as the Contractor shall notify the Subcontractor from time to time.(ii) “Contractor” means the person named as such in Part II of the Conditions of the Subcontract and the legal successors in title to such person, but not (except with the consent of the Subcontractor) any assignee of such

22、 person.(iii) “Subcontractor” means the person whose offer has been accepted by the Contractor and the legal successors in title to such person, but not (except with the consent of the Subcontractor) any assignee of such person.(iv) “Engineer” means the person appointed by the Employer to act as Eng

23、ineer for the purposes of the Main Contract and named as such in Part II of the Conditions of Subcontract.(b)(i) “Main Contract” means the contract entered into between the Employer and the contractor, Particulars of Which are given in Part II of the Conditions of Subcontract.(ii) “Subcontract” mean

24、s the Conditions of Subcontract (Part I and II), the Subcontract Specification, the Subcontract Drawings, the Subcontract Bill of Quantities, the Subcontracts Offer, the Contracts Letter of Acceptance, the Subcontract Agreement (if completed) and such further documents as may be expressly incorporat

25、ed in the Contractors Letter of Acceptance or Subcontract Agreement (if competed).(iii) “Subcontract Specification” means the specification of the Subcontract Works included in the Subcontract and any modification thereof or addition thereto made pursuant to Clause 9.(iv) “Subcontract Drawings” mean

26、s all drawings, calculations and technical information of a like nature under the Subcontract.(v) “Subcontract Bill of Quantities” means the priced and completed bill of quantities forming part of the Subcontractors Offer.(vi) “Subcontractors Offer” means the Subcontractors priced offer to the Contr

27、actor for the execution and completion of the Subcontract Works and the remedying of any defects therein in accordance with the provisions of the Subcontract, as accepted by the Contractors Letter of Acceptance.(vii) “Contractors Letter of Acceptance” means the formal acceptance by the Contractor of

28、 the Subcontractors Offer.(viii) “Subcontract Agreement” means the subcontract agreement (if any) referred to in Sub-Clause 3.3.(ix) “Appendix to Subcontractors Offer” means the appendix comprised in the form of Subcontractors Offer annexed to the Conditions of Subcontract.(x) “Conditions of Subcont

29、ract” means Parts I and II of the FIDIC “Conditions of Subcontract for Works of Civil Engineering Construction (for use in conjunction with the Conditions of Contract for Works of Civil Engineering Construction, Forth Edition 1987 Reprinted 1922 with further amendments)”, 1994, as adapted by the Con

30、tractor and the Subcontractor and forming part of the Subcontract.(xi) “Conditions of Main Contract” means Part I of the FIDIC “Conditions of Contract for Works of Civil Engineering Construction, Forth Edition 1987 Reprinted 1922 with further amendments”, and Part II such Conditions as adapted by the Employer and the Contractor, which form part of the Main Contract.(c)(i) “Subcontractors Commencement Date” means the time for completion of the Subcontract Works or any section thereof as stated in the Appendix to Subcontractors Offer (or as extended under Clause