指定分包商合同翻译E.docx

1、指定分包商合同翻译ECONDITIONS OF SUBCONTRACT FOR WORKS OF CIVIL ENGINEERING CONSTRUCTIONPart I - General ConditionsPart II - Particular ConditionsCONTENTSPART I: GENERAL CONDITIONSDefinitions and Interpretation 1.1 Definitions 1.2 Headings and Marginal Notes 1.3 Interpretation 1.4 Singular and Plural 1.5 Not

2、ices, Consents, Approvals, Certificates, Confirmations and Determinations 1.6 Instructions in Writing General Obligations 2.1 Subcontractors General Responsibilities 2.2 Performance Security 2.3 Programme to be submitted by Subcontractor 2.4 Assignment of Subcontract 2.5 Sub-subcontracting Subcontra

3、ct Documents 3.1 Language/s 3.2 Governing Law 3.3 Subcontract Agreement 3.4 Priority of Subcontract Documents Main Contract 4.1 Subcontractors Knowledge of Main Contract 4.2 Subcontractors Responsibilities in Relation to Subcontract Works 4.3 No Privity of Contract with Employer 4.4 Possible Effects

4、 of Subcontractors Breaches of Subcontract Temporary Works, Contractors Equipmentand/or Other Facilities (if Any) 5.1 Subcontractors Use of Temporary Works 5.2 Subcontractors Use of Contractors Equipment and/or Other Facilities(if Any) in Common with Other Subcontractors 5.3 Subcontractors Exclusive

5、 Use of Contractors Equipment and/or OtherFacilities (if Any) 5.4 Indemnification for Misuse of Temporary Works, Contractors Equipmentand/or Other Facilities (if Any) Site Working and Access 6.1 Working Hours on Site; Subcontractors Compliance with Rules andRegulations 6.2 Availability of Site to Su

6、bcontractor and Access to Site 6.3 Subcontractors Obligation to Permit Access to Subcontract Works Commencement and Completion 7.1 Commencement of Subcontract Works;Subcontractors Time for Completion 7.2 Extension of Subcontractors Time for Completion 7.3 Contractors Obligation to Notify Instruction

7、s and Decisions 8.1 Instructions and Decisions under Main Contract 8.2 Instructions under Subcontract Variations 9.1 Variations of Subcontract Works 9.2 Instructions for Variations Valuation of Variations 10.1 Manner of Valuation 10.2 Assessment of Value of Variations 10.3 Valuation by Reference to

8、Measurement under Main Contract 10.4 Quantity Estimated and Quantity Executed 10.5 Daywork Notices and Claims 11.1 Notices 11.2 Claims 11.3 Effects of Failure to Give Notice Subcontractors Equipment, TemporaryWorks and Materials 12.1 Incorporation by Reference Indemnities 13.1 Subcontractors Obligat

9、ion to Indemnify 13.2 Contractors Obligation to Indemnify Outstanding Work and Defects 14.1 Subcontractors Obligations before Taking-Over 14.2 Subcontractors Obligations after Taking-Over 14.3 Defect Caused by Contractors Act or Default Insurances 15.1 Subcontractors Obligation to Insure 15.2 Contra

10、ctors Obligation to Insure; Subcontract Works at Subcontractors Risk 15.3 Evidence of Insurance; Remedy on Failure to Insure Payment 16.1 Subcontractors Monthly Statements 16.2 Contractors Monthly Statements 16.3 Payment Due; Payment Withheld or Deferred; Interest 16.4 Payment of Retention Money 16.

11、5 Payment of Subcontract Price and Other Sums Due 16.6 Cessation of Contractors Liability Termination of Main Contract 17.1 Termination of Subcontractors Employment 17.2 Payment after Termination 17.3 Termination of Main Contract in Consequence of Breach of Subcontract Default of Subcontractor 18.1

12、Termination of Subcontract 18.2 Contractors and Subcontractors Rights and Liabilities upon Termination 18.3 Contractors Powers Settlement of Disputes 19.1 Amicable Settlement and Arbitration 19.2 Dispute in Connection with or Arising out of Main Contract Touchingor Concerning Subcontract Works Notic

13、es and Instructions 20.1 Giving of Notices and Instructions 20.2 Change of Address Changes in Cost and Legislation 21.1 Increase or Decrease of Cost 21.2 Subsequent Legislation Currency and Rates of Exchange 22.1 Currency Restrictions 22.2 Rates of Exchange PART II:PARTICULAR CONDITIONS 1 Definition

14、s and Interpretation 2 General Obligations 3 Subcontract Document 4 Main Contract 5 Temporary Works, Contractors Equipment and/or Other Facilities (if Any) 6 Site Working and Access 7 Commencement and Completion 12 Subcontractors Equipment, Temporary Works and Materials 14 Outstanding Work and Defec

15、ts 15 Insurances 16 Payment 19 Settlement of Disputes 22 Currency and Rates of Exchange SUBCONTRACTORS OFFER APPENDIX TO SUBCONTRACTORS OFFER SUBCONTRACT AGREEMENT PART I - GENERAL CONDITIONSDefinitions and InterpretationDefinitions 1.1 In the Subcontract (as hereinafter defined) all words and expre

16、ssions shall have the same meanings as are respectively assigned to them in the Main Contract (as hereinafter defined), 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 na

17、med as such in Part II of the Conditions of Subcontract and the legal successors in title to, or assignees of, such 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 Subcontract and the legal succ

18、essors in title to such person, but not (except with the consent of the Subcontractor) any assignee of such 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 Contractor

19、) any assignee of such person.(iv) Engineer means the person appointed by the Employer to act as Engineer 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,

20、 particulars of which are given in Part II of the Conditions of Subcontract.(ii) Subcontract means the Conditions of Subcontract (Parts I and II), the Subcontract Specification, the Subcontract Drawings, the Subcontract Bill of Quantities, the Subcontractors Offer, the Contractors Letter of Acceptan

21、ce, the Subcontract Agreement (if completed) and such further documents as may be expressly incorporated in the Contractors Letter of Acceptance or Subcontract Agreement (if completed).(iii) Subcontract Specification means the specification of the Subcontract Works included in the Subcontract and an

22、y modification thereof or addition thereto made pursuant to Clause 9.(iv) Subcontract Drawings means 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 Su

23、bcontractors Offer.(vi) Subcontractors Offer means the Subcontractors priced offer to the Contractor 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 Accep

24、tance.(vii) Contractors Letter of Acceptance means the formal acceptance by the Contractor of 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

25、 Subcontractors Offer annexed to the Conditions of Subcontract.(x) Conditions of Subcontract means Parts I and II of the Federation Internationale des Ingenieurs-Conseils Conditions of Subcontract for Works of Civil Engineering Construction (for use in conjunction with the Conditions of Contract for

26、 Works of Civil Engineering Construction, Fourth Edition 1987 Reprinted 1992 with further amendments), 1994, as adapted by the Contractor and the Subcontractor and forming part of the Subcontract.1.2Headings and Marginal NotesInterpretation 1.3Singular and 1.4 PluralNotices, 1.5 Consents, Approvals,

27、 Certificates, Confirmations and DeterminationsInstructions in 1.6 Writing(xi) Conditions of Main Contract means Part I of the Federation Internationale des Ingenieurs-Conseils Conditions of Contract for Works of Civil Engineering Construction, Fourth Edition 1987 Reprinted 1992 with further amendme

28、nts, and Part II of such Conditions as adapted by the Employer and the Contractor, which form part of the Main Contract.(c) (i) Subcontractors Commencement Date means the date upon which the Subcontractor receives the notice to commence issued by the Contractor pursuant to Sub-Clause 7.1.(ii) Subcon

29、tractors Time for Completion 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 7) calculated from the Subcontractors Commencement Date.(d) Subcontract Price means the sum stated in the Contract

30、ors Letter of Acceptance as payable to the Subcontractor for the execution and completion of the Subcontract Works and the remedying of any defects therein in accordance with the provisions of the Subcontract.(e) (i) Main Works means the Works as defined in the Main Contract.(ii) Subcontract Works m

31、eans the works described in Part II of the Conditions of Subcontract.(iii) Subcontractors Equipment means all appliances and things of whatsoever nature (other than Temporary Works) required for the execution and completion of the Subcontract Works and the remedying of any defects therein, but does not include Plant, materials or other things intended to form or forming part of the Subcontract Works.The headings and marginal notes in the Conditions of Subcontract shall not be deemed part thereof or be taken into consideration in the interpretation or con