FIDIC条款期末复习西南交大峨眉.docx

1、FIDIC条款期末复习西南交大峨眉Part1 1. Appendix to Tender 投标书附件 2. Bill of Quantities 工程量表 3. Discharge 结清证明4. Interim payment Certificate 中期付款证书 5. Performance Security 履约担保 6. Provisional Sum 备用金额 暂列金额7. Release from performance under the Law 依照法律解除履合同 8. Suspension and Termination by Contractor 由承包商暂停和终止9. Th

2、e joint insured 共同被保险人 10. Unit Price Contract单价合同11. Value Engineering 价值工程3. Final Payment Certificate最终支付证书5. Retention Money 保留金 6. Statement 报表9. Variation 变更 10. Advance Payment 预付款1. Force Majeure 不可抗力 3. Indemnities赔款4. the insuring Party 保险方 5. Insurance against injury to Persons and Damage

3、 to Property人身伤害和财产损失险8. joint and several liability共同以及个别的法律责任 9. Erection/ contractor All Risks Insurance安装/建筑工程一切险10. infringements of intellectual property right知识产权侵权1. Base date 基准日期 2. Commencement Date 开工日期 3. Performance Security履约担保4. Letter of Acceptance中标函 6. Defects Notification Period缺

4、陷通知期限The third party liability insurance 第三者责任险 the person accident injury insurance 人身意外伤害险12. The Contract Price shall be adjusted to take account of any increase or decrease in Cost resulting from a change in the Laws of the Country (including the introduction of new Laws and the repeal or modifi

5、cation of existing Laws) or in the judicial or official governmental interpretation of such Laws, made after the Base Date, which affect the Contractor in the performance of obligations under the Contract. 对于基准日期后工程所在国法律有改变（包括实施新的法律，废除法律或修改现有法律）或对此类法律的司法或政府解释有变，影响承包商履行合同规定的义务的，合同价格应考虑上述改变导致的费用增减进行调整

6、。13. If the Contractor fails to give notice of a claim within such period of 28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Employer shall be discharged from all liability in connection with the claim. 如果承包商未能在上述28天期限内发出索赔通

7、知，则竣工时间不得延长，承包商则无权获得追加付款，而雇主则应免除有关该索赔的全部责任。14. The Contractor shall be entitled subject to Sub-Clause 20.1 Contractors Claims to:承包商有权依据20.1款的规定要求（承包商的索赔）：(a)an extension of time for any such delay, if completion is or will be delayed, under Sub-Clause 8.4 Extension of Time for Completion and依照8.4款（

8、延长竣工时间）的规定 (b) payment of any such Cost, which shall be included in the Contract Price.”任何此类费用应计入合同价格，给予支付，Republic of LebanonElectricite Du Liban(EDL) Engineering, Procurement and Construction of Two Air InsulatedSubstations (AIS) 220KV in Saida赛达 and Baalbeck巴尔贝克-Electricite Du Liban (EDL), the pu

9、blic electric power utility(公共事业公司) in Lebanon, is interested in requesting the bids for Engineering, Procurement采购 and construction建设 of Two Air insulated Substations (AIS)220 kv in Saida and Baalback under the International Competitive Bidding Procedures(ICB) 国际竞争性招标. EDL will finance this Contrac

10、t.-The firms will be examined for eligibility资格 based on Post-qualification criteria included in the bidding documents. The firms who pass the Post-qualification criteria will have their offers subject to detailed Technical Evaluation and, thereafter, to Financial Evaluation.-All prospective bidders

11、 will be invited to attend a pre-bid conference. Any changes to the Bidding Documents will be circulated, and issued as amendment to the bidding documents to all the bidders. The pre-bid conference will be held at the offices of EDL-floor TJ on November 1st, 2010 at 11:00 a.m.-Interested Bidders may

12、 obtain further information from the offices of EDL(Address below), purchase the bidding documents upon payment of a non-refundable fee of 1,000,000 L.L.(One Million Lebanese Pound) +10% VAT, payable in cash or by a Bankers draft in the name of EDL, or inspect the Bidding Documents as of the date of

13、 this Notice during the normal working hours.-All bids shall be accompanied by a Bid Security of the amount of 1,000,000,000 L.L. (One Billion Lebanese Pounds) according to EDL approved specimen and must be delivered at the address given below before December 14, 2010 at 11:00 a.m.-Bids will be open

14、ed thereafter in the presence of the bidders representatives who choose to attend. ELECTICITE DU LIBAN 22, RUE DU FLEUVE, 12TH Floor office 1223 P.O.BOX 131, BEIRUT, LEBANON PHONE:961-1-442720-to 444729 FAX: 961-1-583084Part215. Why is Base Date needed to be specified in the tendering documents?It c

15、an be serve as a criterion for assessing the relevant in formation in the tender. If great changes occur during the execution of the works the contract price shall be accordingly adjusted. 16. What can be construed as a variation（变更）?P861) Shall changes to quantities of an item of work be deemed to

16、a variation? Changes to quantities of an item of work does not necessarily constitue a variation2) Can the Engineer issue an instruction of variation after the issuing of taking-over certificate?The engineer shall not have the authority to do that in accordance with sub-clause 13.13) Can the change

17、of the laws in the country necessarily give rise to the adjustment of Contract price? No, only on the condition that such change adversely affect the performance of contractors obligations under the contract.17. Whats the prerequisite for the Employer to make an advance payment to the Contractor?Und

18、er the condition that the employer receives the interim payment certificate for the first installment and performance security and advance payment guarantee as well.When shall the Employer make the advance payment?On the condition that the Employer receives statement and performance security as well

19、 as the advance payment guarantee in accordance with sub-clause 14.2.18. If an event or a circumstance can be construed as Force Majeure, what conditions shall be satisfied? The following conditions shall be met: (a) which is beyond a partys control, (b)which such party could not reasonably have pro

20、vided against before entering into the contract, (c) which, having arisen, such party could not reasonably have avoided or overcome, and (d) which is not substantially attributable to the other party.19. Please read the following Sub-Clause, and answer the question:Shall the Contractor be bound by a

21、n oral instruction?3.3 Instructions of the EngineerIf the Engineer or a delegated assistant:(a) gives an oral instruction,(b) receives a written confirmation of the instruction, from (or on behalf of) the Contractor, within two working days after giving the instruction, and(c) does not reply by issu

22、ing a written rejection and/or instruction within two working days after receiving the confirmation, then the confirmation shall constitute the written instruction of the Engineer or delegated assistant (as the case may be).20. Can a dispute be referred directly to arbitration? Why? In most cases, a

23、 dispute shall be referred to A DAB under sub-clause 20.4. However, if there is no DAB in place under sub-clause 20.8, it can be directly referred to arbitration under sub-clause 20.6.21. What does the Contractor typically claim for? Please list 3 Sub-Clauses that the Contractor can apply to make a

24、claims against the Employer.1.What is the major difference between the accepted contract amount and the contract price?In accordance with sub-clause 14.1, the contract price can be adjusted. 2. If the payments are delayed ,what are the remedies the Contractor can resort to?Take account of sth Take i

25、nto consideration of sth Submit, to sb, sth1. Can the Employer replace the Engineer without the consent of the Contractor? Why? No , because 3.4 (p35)2. Can the Engineer amend the Contract? Why?Absolutely not, sub-clause3.1 provides that the engineer shall have no authority to amend the contract, as

26、 a matter of fact, the primary reason lies in the fact that the engineer is not one of the parties to the contract.3. If the Specification is inconsistent with the Contract Agreement, who has the authority to issue necessary clarification? Which of the two documents has the priority to be applied? P

27、25 1.54. Can one of the parties to the Contract assign the whole or any part of the Contract or any benefit or interest in or under the Contract?P406. Who has the authority to nominate a Subcontractor? Is the Contractor under obligation to employ a nominated Subcontractor?P55 5.1 5.22. How does the

28、Accepted Contract Amount differ from the Contract Price? The later can be adjusted in accordance with the agreement between the parties to the contract or the conditions of contract.3. Does a change of law necessarily result in adjustments of the Contract Price? Why?Yes, p91 13.75. Why is a written

29、discharge both necessary for the Contractor and the Employer?P102 14.121.Under what conditions the contractor shall be entitled to suspension of the work or reduction of the rate of work?Two conditions shall be met: first of all, the Engineer fails to certify in accordance with sub-clause 14.6 issue

30、 of interim payment certificates or the employer fails to comply with sub-clause 2.4employers financial arrangements or sub-clause 14.7 payment, and the contractor shall give not less than 21 days notice to the Employer. 2. According to sub-paragraph (d) of Sub-Clause 15.2, the Employer shall be ent

31、itled to terminate the Contract if the Contractor subcontracts the whole of the Works or assign the Contract without required agreement. Why is it provided in this way? Please justify the provision. It is evident that the contractual agreement signed by the contractor and the Employer is based on th

32、e parties mutual trust. Therefore the provision can serve as a deterrent to ensure that the interests of the Employer shall be protected. 4. Which Party shall be the insuring Party for insurance against injury to persons and Damage to Property and for insurance for Works? Unless otherwise stated in the particular conditions, the contractor shall be the insuring party.5. Why does the Sub-Clause 4.17 provide that “The