Civil Engineering International Competitive Bidding Contract II
Chapter II Representatives of Engineers and Engineers
2.1 Engineer's duties and powers
The engineer shall perform the duties specified in the contract.
The engineer may use the powers specified in the contract or implied by the contract if necessary. However, the following: and the following, the engineer shall obtain the clear technical approval and general approval of the owner before issuing the order to the contractor or before taking the following actions:
In accordance with paragraph 4, approve subcontracts for any part of the project:
Proof of the increased costs under section 12;
Decide on the extension of the work under section 44;
In accordance with paragraph 51, a change order is issued, except in the following cases: _________________________________;
Determine the rate or price under section 52; or _______________________________________;
Approve major design changes that will affect the underlying performance of the original design.
Except as expressly provided in the contract, the engineer has no right to waive the contractor’s obligations under the contract.
2.2 Engineer Representative
The engineer's representative shall be appointed by the engineer and responsible to the engineer and shall perform and exercise the duties and powers that may be conferred on him by the engineer in accordance with paragraph 2.3.
2.3 Power of Engineer Authorization
The engineer can delegate any responsibility and authority given to him to the engineer's representative at any time, and he can withdraw his authorization at any time. Any such authorization or revocation of its authorization shall be in writing and shall be effective only after the owner and the contractor have received such authorization notice.
Any notice issued by the Engineer's representative to the Contractor under this authorization shall be as effective as the Notice issued by the Engineer to the Contractor. in case:
The approval of any engineer, material or equipment by an engineer's representative does not affect the engineer's authority not to approve such work, materials or equipment and to issue corrective orders;
If the contractor has questions about the notice given by the engineer's representative, he or she may ask the engineer that the engineer should confirm, cancel or change the content of such notice.
2.4 Appointment of assistants
An engineer or engineer representative may appoint any number of personnel to assist the engineer's representative in fulfilling his or her duties under Section 2.2. He shall notify the contractor of the names, duties and permissions of such persons. These assistants are not authorized to issue instructions to the contractor. Unless such order is an instruction to perform its duties and to warrant that materials, equipment or workmanship may be received in accordance with the contract, any of these instructions issued by any of them for the above purposes shall be deemed to have been issued by an engineer's representative.
2.5 written instructions
Instructions issued by an engineer shall be in writing, but if for some reason the engineer deems it necessary to issue such instructions verbally, the contractor shall comply. A written confirmation issued by an engineer prior to or after the execution of this oral instruction shall be deemed to have the same meaning as the instructions specified in this section. It is also stipulated that if the contractor confirms the engineer's verbal instructions in writing within 7 days, such confirmation is not rejected by the engineer in writing within 7 days, and this instruction shall be deemed as an engineer's instruction.
This provision also applies to the instructions of the engineer's representative and the assistant appointed by the engineer or the engineer's representative in accordance with 2.4.
2.6 Engineers conduct justice
According to the contract, the engineer exercises power by:
Make a decision and express your opinion. Or agree, or
Express satisfaction or approval, or
Determine the value; or
When taking other actions that may affect the rights and obligations of the owner or contractor,
The Engineer shall exercise his or her discretionary powers in accordance with the terms of the contract and considering all factors. Any such decision, consent, satisfaction or approval, value determination or action taken shall be disclosed, reviewed or revised in accordance with Section 67.
Chapter III Transfer and Subcontracting
3. Transfer of contract
The Contractor shall not transfer the Contract or any part thereof, or any proceeds or benefits under the Contract or the Contract, without the prior consent of the Owner. But except
If the contract expires or is about to expire, the contractor’s bank is the beneficiary’s charge, or
Transfer the contractor’s powers to other guarantors to obtain other debts.
4.1 Subcontracting
The contractor may not package the entire contract. Unless otherwise specified in the contract, the contractor shall not subcontract any part of the contract without the consent of the engineer. Any relevant consent shall not relieve the contractor of any liability or obligation under the contract and shall treat the acts, defaults and omissions of himself, his agent, his service personnel and his staff. Responsible for the actions, breach of contract and negligence of any subcontractor, subcontractor agent, subcontractor's service personnel and staff.
The contractor is not required to obtain such consent in the following matters:
Providing services;
Purchase materials according to the standards stipulated in the contract;
Any part of the subcontracted project is given to the subcontractor already stated in the contract.
4.2 Transfer of subcontractor’s obligations
The contractor may, when the subcontractor undertakes, for the work performed or the goods, materials, equipment or services it provides, the contractor’s continuous obligation to extend any period of time after the end of the contractual liability period At any time after the expiration of the term, the benefits of such unfulfilled obligations are transferred to the owner at the request of the owner and at the expense of the owner.
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