Conditions of Contract form01.docx

1、Conditions of Contract form011.1 Definitions 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

2、the legal 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 e

3、mployer) any assignee of such person.(iii) “Subcontractor” means any person named in the Contract as a Subcontract 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 the title to such person, but not a

4、ny assignee 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) “Engineer” Representative” means a person appointed from time to time by the Engineer under Sub-Clause 2.

5、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 as may be expressly incorporated in the Letter of Acceptance or Contract Agree

6、ment (if completed).(ii) “Specification” means the specification of the works included in the contract and any modification thereof or addition thereto made under Clause 51 or submitted by the Contractor and approved by the Engineer.(iii) “Drawings” means all drawings, calculations and technical inf

7、ormation of a like nature provided by the Engineer to the Contractor under the Contract and all drawings, calculations, samples, patterns, models, operation and maintenance manuals and other technical information of a like nature submitted by the Contractor and approved by the Engineer.(iv) “Bill of

8、 Quantities” means the priced and completed bill of quantities forming part of the Tender.Add to the clause the following: (v) “Tender” means the contractors priced offer to the Employer for the execution and completion of the Works and the remedying of any defects therein in accordance with the pro

9、visions of the contract, as accepted by the Letter of Acceptance.(vi) “Letter of Acceptance” means the formal acceptance by the Employer of the Tender.(vii) “Contract Agreement” means the contract agreement (if any) referred to in Sub-Clause 9.1.(viii) “Appendix to Tender” means the appendix compris

10、ed in the form of Tender annexed to these conditions.(c) (i) “Commencement Date” means the date upon which the contractor receives the notice to commence issued by the Engineer pursuant to Clause 41. (ii) “Time for Completion” means the time for completing the execution of and passing the tests on c

11、ompletion of the works or any section or part thereof as stated in the contract (or as extended under Clause 44) calculated from the Commencement Date.(d) (i) “Tests on Completion” means the tests specified in the contract or otherwise agreed by the Engineer and the Contractor which are to be made b

12、y the Contractor before the works or any section or part thereof are taken over by the Employer.(ii) “Taking-Over Certificate” means a certificate issued pursuant to Clause 48.(e) (i) “Contract Price” means the sum stated in the Letter of Acceptance as payable to the Contractor for the execution and

13、 completion of the Works and the remedying of any defects therein in accordance with the provisions of the contract.(ii) “Retention Money” means the aggregate of all monies retained by the Employer pursuant to Sub-Clause 60.2(a).(f) (i) “Works” means the Permanent Works and the Temporary Works or ei

14、ther of them as appropriate. (ii) “Permanent Works” means the permanent works to be executed (including Plant) in accordance with the Contract.(iii) “Temporary Works” means all temporary works of every kind (other than Contractors Equipment) required in or about the execution and completion of the W

15、orks and remedying of any defects therein.(iv) “Plant” means machinery, apparatus and the like intended to form or forming part of the Permanent Works.(v) “Contractors Equipment” means all appliances and things of whatsoever nature (other than Temporary Works) required for the execution and completi

16、on of the 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 Permanent Works.(vi) “Section” means a part of the works specifically identified in the Contract as a Section. (v) “Site” means the places provided

17、by the Employer where the Works are to be executed and any other places as may be specifically designated in the Contract as forming part of the Site.(g) (i) “Cost” means all expenditure properly incurred or to be incurred, whether on or off the Site, including overhead and other charges properly al

18、locable thereto but not include any allowance for profit. (ii) “day” means calendar day.(iii) foreign currency means a currency of a country other than that in which the Works are to be located.(iv) writing means any hand-written, type-written, or printed communication, including telex, cable facsim

19、ile transmission. Add the following:1.2 Headings and Marginal Notes The headings and marginal notes in these Conditions shall not be deemed part thereof or be taken into consideration in the interpretation or construction thereof or of the contract.1.3 Interpretation Words importing persons or parti

20、es shall include firms and corporations and any organization having legal capacity.1.4 Singular and plural Words importing the singular only also include the plural and vice versa where the context requires.Notices, Consents, Approvals, Certificates and Determinations 1.5Wherever in the Contract pro

21、vision is made for the giving of issue of any notice, consent, approval, certificate or determination by any person, unless otherwise specified such notice, consent, approval, certificate or determination shall be in writing and the words notify, certify, or determine shall be constructed accordingl

22、y. Any such consent, approval, certificate or determination shall not unreasonably be withheld or delay.2.1 Engineers Duties and Authority (a) The Engineer shall carry out the duties specified in the Contract. (b) The Engineer may exercise the authority specified in or necessarily to be implied form

23、 the Contract, provided, however, that if the Engineer is required, under terms of his appointment by the Employer, to obtain the specific approval of the Employer before exercising any such authority, particulars of such requirements shall be set out in Part II of these Conditions. Provided further

24、 that any requisite approval shall be deemed to have been given by the Employer for any such authority exercised by the Engineer. (c) Except as expressly stated in the Contract, the Engineer shall have no authority to relieve the Contractor of any of his obligations under the Contract.2.2 Engineers

25、Representative The Engineers Representative shall be appointed by and be responsible to the Engineer and shall carry out such duties and exercise such authority as may be delegated to him by the Engineer under Sub-Clause 2.3.2.3 Engineers Authority to Delegate The Engineer may from time to time dele

26、gate to the Engineers Representative any of the duties and authorities vested in the Engineer and he may at any time revoke such delegation. Any such delegation or revocation shall be in writing and shall not take effect until a copy there of has been delivered to the Employer and the Contractor.Any

27、 communication given by the Engineers Representative to the Contractor in accordance with such delegation shall have the same effect as though it had been given by the Engineer. Provided that:(a) any failure of the Engineers Representative to disapprove any work, materials or plant shall not prejudi

28、ce the authority of the Engineer to disapprove such work, materials or Plant and to give instructions for the rectification there of;(b) if the Contractor questions any communication of the Engineers Representative he may refer the matter to the Engineer who shall confirm, reverse or vary the conten

29、ts of such communication. 2.4 Appointment of Assistants The Engineer or Engineers Representative may appoint any number or persons to assist the Engineers Representative in the carrying out of his duties under Sub-Clause 2.2. He shall notify to the Contractor the names, duties and scope of authority

30、 of such persons. Such assistants shall have no authority to issue any instructions of the Contractor save in so far as such instructions may be necessary to enable them to carry out their duties and to secure their acceptance of materials, plant or workmanship as being in accordance with the Contra

31、ct, and any instructions given by any of them for those purpose shall be deemed to have been given by the Engineers Representative.2.5 Instructions in writing Instructions given by the Engineer shall be in writing, provided that if for any reason the Engineer considers it necessary to give any such

32、instruction orally, the Contractor shall comply with such instruction. Confirmation in writing of such oral instruction given by the Engineer, whether before or after the carrying out of the instruction, shall be deemed to be an instruction within the meaning of this Sub-Clause. Provided further that if the Contractor, within 7 days, confirms in writing to the Engineer any oral instr