Construction project construction contract (outside)
External construction contract
A construction contract is an agreement between the contractor and the contractor to establish mutual rights and obligations for the completion of a construction project. International engineering contracting contracts generally have the following legal characteristics:
1. International. Mainly in two aspects: First, the parties to the contract are companies and legal persons belonging to different countries or regions; second, the contractor must perform all or most of its contractual obligations in foreign countries, that is, the place where the contract is performed is in the country of the contractor. Other countries or regions are involved in complex legal application issues.
2. Large amounts of money are required, so the subject matter of the contract is often very large, and various bank guarantees are usually required in the transaction.
3. The performance period is long.
4. The risk is greater. In order to reduce the risk, in addition to the currency terms and force majeure clauses, the contract usually includes price adjustment clauses and difficult situation clauses.
The external construction contracting contract can be divided into general contracting contract, subcontracting contract, fixed total price contract and cost plus remuneration contract. Listed below is a general contracting contract:
Civil engineering construction contract
Chapter I General Terms
Definition and interpretation
1.1 In this contract, the following words shall be interpreted as follows, except where contextually meaningful:
“Owner” means the party hired by the Contractor or the legal heir of its rights as specified in Chapter 2, except for the assignee of the Owner, with the consent of the Contractor.
The “contractor” indicator has been accepted by the owner of one or more persons, businesses or companies, including other representatives, heirs and recognized assignees.
“Engineer” means an engineer designated in Chapter 2, or other engineer appointed by the Owner at any time and notified in writing to the Contractor in lieu of the assigned Engineer's performance of the Contractual Duties.
“Engineer's Representative” means any resident engineering technician, supervising engineer, or any project site supervisor who is appointed by the owner or engineer at any time to perform the duties stipulated in Article 2 of this contract. The license is written to the engineer in writing.
“Engineering” includes permanent engineering and temporary construction.
“Contract” means contract terms, technical specifications, drawings, list of construction works, unit price and price list, and can also be index books, acceptance certificates and contracting agreements.
“Contract price” means the amount determined in the acceptance certificate and may be increased or decreased in accordance with the following provisions of this contract.
“Construction Equipment” means all equipment or articles required for construction and maintenance or related to construction and maintenance, regardless of nature, excluding materials or other materials intended to constitute or are forming part of a permanent project.
“Provisional Construction” means the various temporary works required for the construction or maintenance of the project or for the construction or maintenance of the project.
“Permanent Works” means permanent works that will be constructed and repaired under contract.
“Technical Specifications” means the specifications referred to in the tender or any change to the tender, or the portion of the Engineer that may increase or agree in writing at any time.
“Drawings” means the drawings specified in the Technical Specifications, any changes made to the drawings by the Engineer in writing, and other drawings that may be provided by the Engineer at any time or in writing.
“Worksite” means the land and other sites required for the permanent or temporary construction of an engineer, including the ground, underground, above or through, and other land provided by the Owner for temporary storage or other purposes. Or a place, as long as it can form part of the site as specified in the contract.
“Approved” means a written confirmation that has been approved in writing, including subsequent verbal approval, and “approval” means written approval, including the above.
1.2 According to the contractual context, words of singular meaning can also have the meaning of plural, and vice versa.
1.3 The title and side note of the contract terms shall not be considered part of the contract and shall not be used to consider the interpretation clause or contract.
1.4 The term “expenses” shall be deemed to include indirect costs incurred on or off the site.
Engineer and engineer representative
2.1 The engineer must perform duties such as making decisions, issuing certificates and issuing instructions in accordance with the express provisions of the contract. If the performance of some of the duties stipulated in the engineer's appointment letter issued by the owner is specifically approved by the owner, the requirements shall be specified in the second part of this contract.
2.2 The Engineer may, in writing, authorize his or her representative to act on his behalf, but must submit a copy of all such authorizations to the Contractor and the Owner. Within the scope of the authorization, any written instructions or approvals from the Engineer's representative to the Contractor shall have the same effect as the Engineer's instructions or approvals on the Contractor and the Owner. The following exceptions are:
The denial of any work or material by an engineer's representative shall not affect the engineer's subsequent denial and order to dismantle, move or dismantle such work or material.
If the contractor is dissatisfied with any decision of the engineer's representative, he or she has the right to submit the decision to the engineer for confirmation, cancellation or change.
Transfer and subcontracting
3. Without the prior written consent of the Owner, the Contractor shall not transfer the contract or any part thereof, or any proceeds stipulated in the contract or in accordance with the contract, to the bank of the contractor’s bank to pay the amount due or due to expire in this contract. except.
4. The contractor may not subcontract the entire project. Unless otherwise stipulated in the contract, the contractor shall not assign any part of the project without the prior written consent of the engineer, but the engineer shall not disagree with the subcontract without reason. Once the subcontract is agreed, such consent shall not be exempt from any undertaking undertaken by the contractor. Responsibility or obligation under the contract, he must be fully responsible for the acts, non-performance and negligence of any subcontractor, his representative, employee or worker, as such acts, non-performance or negligence are contractors, their agents, employees or What the workers do. The provision of labour by piece-by-piece means shall not be considered as subcontracting as provided for in this article.
Contract file
5.1 The following elements shall be specified in the second part of the contract: the language used to draft the contract file;
Which country's laws apply to the contract and which country's law is used to interpret the contract.
If the file is made in more than one language, the language used to interpret the contract must also be specified in Part Two and will be defined as the "subject language."
5.2 Except as otherwise provided in the contract, the provisions of Parts 1 and 2 of the contract are superior to those of any other file that constitutes a contract. Subject to the above provisions, the several files that constitute the contract can be considered as interpreting each other. If the meaning is vague or inconsistent, the engineer interprets and processes the instructions and issues instructions to the contractor. If the engineer believes that obeying such an order would result in additional costs for the contractor, and such costs are unforeseeable by the contractor due to the vagueness or inconsistency of the above meaning, the engineer should prove that the owner must pay the corresponding additional amount to compensate for this. Kind of cost.
6.1 The drawings shall be kept by the Engineer alone, provided that the Contractor is provided with two copies free of charge and the remaining copies required by the Contractor shall be made by him and bear the costs. After the contract is fulfilled, the contractor shall return all the contract drawings to the engineer.
6.2 The Contractor must leave a copy of the drawing submitted in accordance with the above provisions on the site for the Engineer and his agent, or any other person authorized in writing by the Engineer, to review the use at all reasonable times.
6.3 If the engineer does not provide drawings or orders, including instructions, instructions or approvals, within an appropriate time, the contractor must notify the engineer in writing when the project plan or progress may be delayed or interrupted. The notice should specify the required drawings or orders, the reason and time required, and any delays and interruptions that may result if not provided in a timely manner.
6.4 If the Contractor requests drawings or orders in accordance with paragraph 3 of this Article, the Engineer shall consider such delays as a result of the Engineer’s failure or failure to provide them within a reasonable time, thereby causing the Contractor to lose work and/or bear the costs. Article 44 of this contract provides for extension of the contractor’s construction period and, if there is a reason, the contractor’s expenses must be compensated.
7. During the construction period, the engineer is solely responsible for providing drawings and instructions to the contractor at any time to meet the normal construction and maintenance requirements of the project. The contractor must perform and be bound by drawings and instructions.
General obligation
8.1 The Contractor shall pay due attention to the construction and maintenance of the project in accordance with the terms of the contract, and provide all labor, materials, construction equipment and all other items necessary for such construction and maintenance, including labor management, Regardless of whether it is temporary or long-term, as long as the contract expressly requires or reasonably infers the need according to the contract.
8.2 The Contractor shall be fully responsible for the appropriateness, stability and safety of the on-site operation and construction methods. Unless otherwise expressly provided in the contract, the Contractor shall not be liable for the design or specifications of the permanent works or the design or specifications of the temporary works.
9. If required, the contractor must sign a contractual agreement, which is set by the owner and bears the costs, and the agreement should be accompanied by the necessary amendments.
10. In order to perform the contract normally, in the tender, the contractor shall undertake to obtain the insurance company or the bank's insurance policy or guarantee letter as required, or other guarantees that the contractor shall be jointly and severally liable to the owner, the amount of which shall not exceed the insurance policy specified in the acceptance certificate. Or the amount of the insurance, the terms of the above insurance company, bank or guarantee and the above policy or guarantee must be approved by the owner. The acquisition of such policies or guarantees or the provision of guarantees, as well as the costs of entering into policies or letters of guarantee, shall be borne entirely by the contractor, unless otherwise provided in the contract.
11. The owner must provide the contractor with the hydrological and geological information obtained by the owner or his agent during the project inspection in the tender file. The tender must be deemed to be based on such information, but the contractor must understand the information. Responsible for yourself.
The contractor must also be deemed to have inspected the site and the surrounding environment, consulted the relevant site information available, and prior to submitting the tender, for all actual conditions, from form to nature, including geological conditions, hydrological and climatic conditions, Satisfied with the scope and nature of the project, the materials necessary to complete the project, the means of transport to the site, and the accommodation and accommodation required. In short, the contractor must be deemed to have obtained all the necessary information, in addition to the above, Risks, accidents and all other possible bids.
12. The contractor must be deemed to have been satisfied with the engineering tender before the bidding, and the seller’s list of the listed price and the unit price and price listed on the unit price and price list are satisfactory and perfect. The contractual obligation applies to all matters necessary for the normal construction and maintenance of the project, unless otherwise provided in this contract. However, during the construction period, if the contractor encounters other natural conditions or artificial obstacles other than the site climate, as far as he can see, such natural conditions or human obstacles are unforeseeable by experienced contractors, and the contractor must immediately Written notice to the engineer's representative, if the engineer confirms that the situation or human obstruction is not reasonably foreseeable by the experienced contractor, the engineer must testify and the owner pays the contractor for the additional costs incurred by the contractor, including due to such circumstances Or impediment: justifiable expenses incurred by the Executor for any instructions that may be issued to the Contractor in connection with the circumstances, and in the absence of specific instructions from the Engineer, the Contractor may take appropriate and reasonable action as approved by the Engineer. Justified and reasonable expenses.
13. Except for legal or natural factors, the contractor must strictly follow the contract to construct and maintain the project, so that the engineer is satisfied, and must comply with and strictly enforce the engineer's instructions and instructions on any matter, regardless of whether there is a provision in the contract. , mentioning or involving engineering. The Contractor may only accept instructions and instructions from the Engineer or accept instructions and instructions from the Engineer's Representative in accordance with Section 2 of this Contract.
14.1 After winning the bid, the contractor may submit a plan for the construction of the project to the engineer within the time specified in the second part of the article for the approval of the engineer. The Contractor shall also provide, at the request of the Engineer or his representative, a copy of the Contractor's construction plan and method instructions for reference.
14.2 At any time, as long as the engineer finds that the actual progress of the project does not conform to the approved scheme specified in paragraph 1 of this Article, the Contractor shall, at the request of the Engineer, provide a modification plan to make necessary amendments to the original plan to The guarantee works can be completed within the time limit specified in Article 48 of this contract.
14.3 The Contractor shall not be excused from any contractual obligations or obligations by submitting or accrediting such an arrangement to an engineer or engineer representative or for providing such details.
15. The contractor must exercise all supervisory authority during construction and thereafter when the engineer considers it necessary to perform the contractual obligations normally. The contractor, or a full-fledged agent or representative in writing approved by the engineer, shall always be at the construction site and shall be supervised and managed at all times. If the engineer reinstates the approval of the agent, after receiving the written notice of restoration, the contractor must evacuate the site as soon as possible according to the removal regulations, and in the future, no longer employ him in any position on the construction site, and use another engineer. An approved agent will replace it. Such authorized agent or representative may, on behalf of the Contractor, accept the instructions and instructions of the Engineer or, in accordance with Article 2 of this Contract, accept the instructions and instructions of the Engineer's representative.
16.1 The Contractor must provide and hire on the construction site in connection with construction and engineering maintenance:
Skilled personnel who are familiar and experienced in this profession are competent to be the sub-agents, foremen and foremen who provide supervision, and
Skilled, semi-skilled and unskilled workers required for normal and timely construction and maintenance work.
16.2 If the Engineer believes that any person employed by the Contractor for construction or related to construction or engineering maintenance is not behaving, or is unable or negligent in performing his duties, or that his employment is not necessary, the Engineer has the right to object to the employment and to request contracting. The person immediately dismissed him from the construction site and such personnel should not be hired to the site without the written consent of the engineer. Any position that is dismissed from the site should be replaced by a qualified person approved by the engineer as soon as possible.
17. The contractor shall be responsible for the determination of the line, in accordance with the relevant points, lines and planes of the original drawings submitted by the engineer, as described above, so that the position, level and area of the project are correct and the parts of the project are calibrated. It is responsible for providing all the necessary tools, equipment and labor related to the project. During construction, if there is an error in the calibration of the location, level, area or any part of the project at any time, at the request of the engineer or engineer representative, the contractor must correct the error to satisfy the engineer or engineer representative, and correct the cost by the contractor. In this case, the error is caused by a written error provided by the engineer or engineer representative. In this case, the owner shall bear the cost of correction. The Contractor shall not be exempted from the responsibility of the Engineer or the Engineer's representative for any position measurement or inspection of any line or any level. The Contractor shall carefully protect and store the leveling points and observation rods used in the measurement of the position of the Project. , measurement and other items.
18. During construction, if the engineer requires the contractor to drill or conduct excavation at any time, such a request must be made in writing and deemed to be an additional order made under section 51 of this contract, unless it is already listed in the quantity list. A spare part for such an anticipated project.
19. The Contractor shall, at his own expense, provide and maintain all lighting, guards, fences and care related to the Works at his own expense to safeguard the Works, or to protect the public and others, as necessary or at the request of an engineer or engineer representative, or any formally established Project Management Office. Safety and convenience.
20.1 From the commencement of work to the date specified in the completion certificate in Article 48 of this contract, the contractor shall be solely responsible for the project. As long as the engineer issues a completion certificate for any part of the permanent project, the contractor is no longer responsible for this part of the permanent project from the date specified in the partial completion certificate, and the responsibility for this part is transferred to the owner. In addition, the contractor must be responsible for any work that has not yet been completed and that he has to complete during the maintenance period until such work is completed. In the event of any damage, loss or destruction of the Project or any part thereof, for any reason, the Contractor shall be responsible for repairs and repairs at his own expense, in addition to the exclusionary risks specified in paragraph 2 of this Article, to ensure that the permanent works are in good condition when completed. All aspects are in line with the requirements of the contract and the instructions of the engineer. If any damage, loss or damage occurs as a result of the exclusion of risks, the Contractor shall, at the request of the Engineer and in accordance with Article 65 of this Contract, repair and repair as described above at the expense of the Owner. The Contractor shall also be liable for any damages caused to the Works during the construction process in order to complete the attempted project or to perform its obligations under Section 49 or 50 of this Contract.
20.2 “Exclusion risk” includes war, hostile state, aggression, foreign enemy behavior, rebellion, revolution, uprising or mutiny or shackles, civil war, or not solely manufactured by the contractor’s employees, their subcontractors, and not due to project management And riots, disturbances or chaos, or radiation caused by the owner’s use or occupation of any part of the permanent works, or purely engineered engineering, or by any nuclear fuel or nuclear fuel burning waste and radioactive toxic explosives Pollution, or any other dangerous feature of explosives, nuclear installations or components of nuclear installations, pressure waves of aircraft or other flying objects flying at sonic, supersonic speeds, and any other such natural forces, cannot be experienced contractors It is foreseen that it is not possible to provide reasonable supplies or insurance against it, all of which are referred to as “exclusion risks” in this contract.
21. The contractor must, in the common name of the owner and the contractor, insure against all losses or damages other than the exclusion risk that are borne by the contractor under the contract, regardless of the cause, such insurance shall not reduce the number 20 of this contract. The obligations and responsibilities of the contractor as specified in the Article, the insurance of the owner and the contractor, in addition to the time limit specified in Article 20.1 of this contract, also includes the loss incurred during the maintenance period due to the reasons before the start of the maintenance period or Damages, and any loss or damage caused by the Contractor during any work performed in fulfilling its obligations under Article 49 or 50 of this Agreement, the insured items include:
The construction in progress, based on its current contract value, or the additional amount that may be specified in paragraph 2 of Article 21, together with the materials used for the project based on the replacement value.
Construction equipment and other items brought to the site by the contractor are insured at their replacement value.
Such insurance must be placed in an insurance company. The terms must be approved by the owner. The owner must not agree to the insurance without any reason. The contractor must present the insurance policy and the receipt of the current insurance premium to the engineer or engineer representative at any time upon request.
22.1 Except as otherwise provided in the contract, the contractor must protect the owner from any loss or damage caused by any personal injury, material loss and property damage caused or caused by construction and engineering maintenance, and not for all compensation Any loss, damages, litigation costs, expenses and expenses related to the loss, except for compensation or damages related to or related to:
Permanent use or occupation of land by works or parts of works;
The owner's right to face, above, below, inside or part of the construction or partial construction of any land;
Inevitable loss of personnel or property in accordance with the contract for construction or maintenance of the project;
Personal injury or property damage caused by the owner, his agent, employee or other contractor who is not employed by the contractor, or any claim, lawsuit, damages, legal costs, Expenses and expenses, or those that have been borne by the contractor, its employees or agents, but which should be the responsibility of the owner, its employees or agents or other contractors, involve compensation for loss or injury.
22.2 The Owner must protect the Contractor from all losses, litigation, damages, costs, expenses and expenses in connection with the matters specified in paragraph 1 of this Article.
23.1 Prior to commencement of work, without prejudice to the obligations and responsibilities imposed on him under section 22 of this contract, the contractor must give to any property, including the property of the owner, either because of construction or for the performance of this contract. Liability insurance for material or material damages, losses or injuries caused by any person, including the owner's employees, except as provided in Article 22 of this contract.
23.2 Such insurance must be placed in an insurance company. The terms must be approved by the owner. The owner must not disapprove of the insurance for no reason. The amount of insurance must not be less than the amount specified in the attached file of the tender. The Contractor must present the insurance policy and receipt of the current insurance premium to the Engineer or Engineer representative at any time upon request.
23.3 The insurance clause must stipulate that the contractor shall not make any claim against the owner for the relevant matters that may be insured, and the insurance company shall protect the owner from the claimed loss and compensate for any litigation fees and expenses and expenses.
24.1 The Owner shall not be liable for any damages payable under the law for any accident or injury to the Contractor or any subcontractor’s workers or other hiring personnel, unless the accident or injury is caused by the Owner, his representative or the employee. Any behavior or neglect of duty. In addition to the above, the contractor may protect the owner from all damages and all claims, litigation, legal costs, expenses and expenses associated with this.
24.2 The contractor must insure against such liability. The insurance company may, with the consent of the owner, the owner shall not refuse without consent. The contractor must continue to insure the entire period of employment of the worker at the site and present it to the engineer or engineer representative at any time upon request. Insurance policy and receipt for payment of current insurance premiums. If the personnel employed by any subcontractor, such as the subcontractor, have insured the liability of such personnel and the owner is the object of insurance compensation, the contractor’s above-mentioned insurance obligations are deemed to have been fulfilled, but the contractor must require this. The subcontractor will present such insurance policy and receipt of the current insurance premium to the engineer or engineer representative at any time upon request.
25. If the contractor fails to insure and continue to insure under Sections 21, 23 and 24 of this contract, or fails to insure any other insurance that he should invest in accordance with the terms of this contract, in any such case, the owner may purchase And continue any insurance, pay such necessary expenses, and deduct the above-mentioned fees paid by the owner from the amount due or possible to be paid to the contractor, or recover this as the contractor’s liability.
26.1 The Contractor must comply with all national or state construction laws, decrees, or other regulations, or any regulations, or local regulations of local or other legal authorities, and all public or other property or rights that are or may be affected by the Works. The rules and regulations of the group and company, publish all notices and pay all fees.
26.2 The Contractor must comply with any of the above statutes, statutes or regulations, applicable to all local regulations of the local or other legal authority of the project, and the rules and regulations of the above-mentioned public bodies and companies, such as in violation of any such statutes, The statute or regulations, regulations or local regulations shall not subject the owner to any punishment or liability.
26.3 If the Engineer confirms that the Owner is reimbursed for such costs that have been paid by the Contractor, the Owner shall reimburse or agree to reimburse the Contractor for all such amounts.
27. All fossils, coins, valuable items or antiquities found in the construction site, buildings and other sites or items with geological or archaeological value shall be jointly recognized by the owner and the contractor as the absolute property of the owner. The Contractor must take appropriate measures to prevent its workers or anyone else from transferring or destroying any such items, and immediately notify the Engineer's representative and execute the relevant disposal orders of the Engineer's representative after the item has been discovered. The cost shall be borne by the Owner.
28. The Contractor must protect the Owner from infringement of any patents, panel designs, trademarks or trade names or other rights that are warranted for use in or relating to any construction equipment, machinery, or materials. Claimed or sued, and must protect the owner from any claims, litigation, damages, legal costs, expenses or expenses associated with this. Unless otherwise specified, the Contractor shall bear the cost of the stone, sand, gravel, earth or other materials required for the Works or part of the Works, the cost of the sandstone, the rent and other fees or compensation.
29. All construction-required activities, where the contractual permit is met, must be carried out to ensure that the public's convenience is not unduly obstructed or that the passage, use and occupation of public or private roads are impeded, whether the road is accessible or at the owner or other People's real estate. In the event of such an event that is the responsibility of the Contractor, the Contractor must protect the Owner from any damages, litigation, damages, costs, expenses and expenses incurred as a result.
30.1 The Contractor must take all reasonable measures to prevent damage to any road or bridge that is connected or to the site due to the use of the Contractor or any of its subcontractors. In particular, the Contractor must select routes and choose to use the vehicle. And dispersing the load, so that the abnormal traffic necessarily caused by the transportation of equipment and materials to and from the construction site is reasonably limited as much as possible, thereby avoiding unnecessary damage to roads and bridges.
30.2 If the contractor is required to transport construction equipment, machinery or engineering prefabricated parts or prefabricated parts one or more times via part of the road or bridge, such transport may damage the road or bridge, without the special protection and reinforcement measures, the contractor Before transporting the goods through this road or bridge, you must notify the engineer or engineer representative to report the weight of the cargo and other specific conditions, as well as the protection and reinforcement measures it intends to take on the road. Unless within 14 days of receipt of the notice, the engineer indicates by way of cancellation notice that such protection or reinforcement measures are not necessary, the contractor will implement such a plan or implement a modified plan as requested by the engineer, unless the construction work list contains one item. Or a number of necessary items to protect or reinforce the above-mentioned roads or bridges that have been priced by the contractor, otherwise the costs may be paid by the owner to the contractor.
30.3 If, at any time during or after construction, the contractor is claimed for damage to the road or bridge, he must report the engineer immediately, after which the owner will negotiate to settle the claim and protect the contractor from the claim. And all damages related to claims, litigation, damages, legal costs, expenses and expenses. If the Engineer believes that the reason for the claim or part of the claim is that the Contractor has not fulfilled its obligations under paragraphs 1 and 2 of this Article, the amount of the loss due to the non-performance of the Engineer must be paid by the Contractor to the Owner.
30.4 If the nature of the project requires the contractor to use waterway transport, the above provisions of this Article must be interpreted as “vehicles” including ship locks, docks, breakwaters or other related waterway facilities, and “transportation tools” including vessels are to be interpreted and implemented accordingly.
31. The Contractor must, at the request of the Engineer, provide other contractors and their workers employed by the Owner, as well as workers employed by the Owner or other legal authorities, with reasonable opportunities to work, who may be employed on or near the Site, Any work specified in this contract or any other contractual work signed by the owner relating to the work or ancillary works. However, if the Contractor, at the written request of the Engineer or Engineer's representative, provides the other Contractor, Owner or other legal authority with the road in his charge, or permits the use of his or her scaffolding or other equipment at the Site, or provides any other similar property. For the service, the owner must pay the contractor the cost of such use or service as long as the engineer considers it reasonable.
32. During the construction period, the contractor shall ensure that there are no unnecessary obstacles on the construction site, properly store or dispose of construction equipment and excess materials, and remove all residual waste or temporary works that are no longer needed from the construction site.
33. Upon completion, the contractor shall clean all construction equipment, excess materials, garbage and various temporary engineering facilities out of the construction site, so that the entire site and project appear to be clean and compliant, and the engineers are satisfied.
labor
34.1 The contractor must arrange for the employment of all local or other local labor and is responsible for the transportation, accommodation and wages of the labor, except as otherwise provided in this contract.
34.2 As long as it is reasonably practicable, the contractor shall provide sufficient water and other water to the staff and workers on the site, depending on local conditions, to the satisfaction of the engineer's representative.
34.3 The Contractor shall not import, sell, give, exchange or otherwise dispose of any spirits or drugs, or allow or allow subcontractors or agents, except under current laws, regulations and government regulations or orders. Or an employee is involved in the import, sale, gift, exchange or disposal of any such item.
34.3 As stated above, the Contractor shall not give, exchange or otherwise dispose of any weapon or ammunition to others, nor permit or tolerate the same conduct.
34.5 Contractors should pay due attention to recognized holidays and religions or other customs when dealing with employees.
34.6 In the event of an outbreak of infectious disease, the contractor must comply with and enforce the regulations, orders, and requirements established by the government or local health care facility to treat the disease.
34.7 The Contractor shall take all reasonable precautions at all times to prevent violations, riots or chaos in the employees' manufacture or in the employees to maintain the safety and security of persons and property in the vicinity of the Project.
34.8 The contractor must be responsible for allowing the subcontractor to comply with the above requirements.
34.9 If necessary, provide for all other conditions relating to labour and wages in section 34 of Part Two.
35. At the request of the Engineer, the Contractor shall submit a detailed report to the Engineer's Representative or his or her office in the form and time required by the Engineer, reporting the number of supervisors and different levels of labor employed at the Site, as well as the requirements of the Engineer's representative. Construction equipment.
Materials and processes
36.1 All materials and processes shall comply with the provisions of the contract and the instructions of the engineer, and shall be subject to inspections that the engineer may order at any time, at the manufacturing or processing site, at the site or at other locations specified by the contract, or at one location. . The Contractor shall provide the necessary assistance, tools, machinery, labor and materials for the inspection, measurement and inspection of the quality, weight or quantity of any work or any material. The Contractor shall also be in the material of the Engineer's choice or request. The set of materials is provided for inspection prior to use in the project.
36.2 If the contract is expressly implied or expressly stated, the cost of all samples provided by the contractor shall be borne by the contractor itself, otherwise it shall be paid by the owner.
36.3 If the contract expressly implied or expressly stipulates that all inspection costs shall be borne by the contractor, this contract shall have detailed provisions for the inspection of only the load detection and confirmation of the design of any completed or partially completed project. The contractor can be assured or permitted to include his or her expenses in the bid price.
36.4 Where the engineer ordered the inspection, and
The contract is not implied or regulated, or
Not so detailed, or
Implied or stipulated, but by an engineer ordering an independent individual to work outside the construction site or at any place other than the manufacturing or processing location of the inspection material,
If the inspection results indicate that the process or materials do not comply with the contract or the engineer's instructions, the inspection fee shall be borne by the contractor, otherwise the owner shall pay.
37. The Engineer and any person authorized by him shall have the right to go to the project site at any time, to any material preparation, product or machinery required for the project preparation or engineering, and the Contractor shall provide all facilities and assistance for the exercise or access to such presence.
38.1 No work shall be covered or obscured without the approval of an engineer or an engineer's representative. The contractor shall provide the engineer or engineer representative with ample opportunity to inspect and measure any work to be covered or covered, and the permanent project begins. Check the foundation before. The Contractor shall promptly notify the Engineer's representative when any such project or foundation is ready or ready for inspection. The Engineer's representative must participate in such work or foundation inspection without undue delay unless he considers that the inspection is not necessary and thus Notify the contractor.
38.2 The Contractor shall, in accordance with the instructions given by the Engineer at any time, open one or a part of the work that has been covered, or open the project or through the project, and be responsible for making it intact and satisfying the Engineer.凡 任何此種工程部分是在履行本條第１款之規定後被覆蓋或遮掩的，則開啟和在工程 上或經過工程開通道，以及使之完全復原的費用由業主承擔，否則所有費用應由承 包人承擔。
３９．１在施工中，工程師有權隨時書面命令：
把工程師認為不符契約規定的任何材料按命令中具體規定的時間從工地換走，
用恰當合適的材料予以替換和
把工程師認為不合符契約規定的材料或工藝換掉或適當重新施工，無論其在之 前是否經過檢查或作過中期支付。
３９．２如承包人未執行此種命令，業主有權僱用他人執行，業主應從承包人 處收回由此而產生的所有費用和雜費，或從應付給或即將付給承包商的款項中予以 扣除。
４０．１收到工程師的書面命令後，承包人必須在工程師認為必要的時間，以 其認為必要的方式，停止工程或部分工程的施工，隻要工程師認為必要，還必須在 停工期間妥善保護工程的安全。承包人根據本條款執行工程師指令而發生的額外費 用應由業主承擔，除非此種停工是：
契約另行規定的，或
由承包人的某種違約而導致的必要停工，或
由工地的氣候條件導致的必要停工，或
為正常施工或為整個工程或部分工程的安全而作的必要停工，而不是因工程師 或業主的任何行為或違約而產生的，也不是因本契約第２０條規定的任何除外風險 引起的。
承包人在收到工程師命令後＿＿天內應書面通知工程師，要求賠償，否則將無 權得到額外費用。如工程師認為承包人的要求公平合理，他必須按本契約第４４條 的規定，處理並決定此種支付給承包人的額外費用和／或停工時間。
４０．２如整個工程或部分工程按工程師的命令停工，且停工９０天後仍未得 到工程師作出的復工命令，除非此種停工屬本條第１款第１、２、３或４項規定範 圍之內，否則承包人可書面通知工程師，要求其在收到通知後＿＿天內準許對整個 工程，或停工的部分工程重新開工，如在此期間仍未獲得開工許可，承包人可以， 但不一定必須，再作書面通知，按本契約第５１條的規定將隻影響到部分工程的停 工視為是對該部分工程的省略，或，如停工影響到整個工程，視其為是業主廢棄合 同。
開工時間和延誤
４１．接到工程師的書面開工通知後，承包人應在標書附錄中規定的期限內在 工地施工，且必須迅速，不得延誤，工程師明文同意或命令，或承包人無法控製的 原因除外。
４２．１除契約另有規定的外，就承包人應隨時獲得的工地的範圍及授權他使 用此部分工地的命令而言，業主應根據契約有關施工命令的規定，隨同工程師的書 面開工命令，提供承包人必要範圍的工地，使其能夠開始並按本契約第１４條規定 的方案施工，此外應根據承包人給工程師的書面通知上的合理建議，在 施工期間隨時向承包人提供更大範圍的工地，以保證承包人能按上述方案或建議迅 速施工。如承包人因業主不按本條規定提供工地而誤工或發生費用，工程師應準許 延長工期，並由他確定一筆補償此種費用的款項，該款項應由業主支付。
４２．２承包人應承擔因通往工地的所有特殊或臨時道路通行權而產生的費用。 承包人也得支付為施工而應他的要求在工地之外食宿而發生的一切額外費用。
４３．除按契約規定，工程整體完工前任何部分工程必須按時完工外，根據合 同第４８條的規定，整個工程必須在契約規定的期限內完成，該期限應從標書附錄 規定的開工期的最後一天算起，或以本契約第４４條的規定而準許的延期時間為準。
４４．除承包人違約外，如因額外工程或工程量的增加或由此而涉及的任何延 誤原因、或特別惡劣的氣候、或其它可能發生的任何特殊情況而使得承包人有權要 求工程延期，工程師應決定延期時間，並由此通知業主和承包人。如承包人在此種 工程開工後、或此種情況一發生、或按實情在其發生後的＿＿天內，沒有向工程師 代表提交詳細說明他認為有權延期的報告而讓此陳述當時便得到調查，工程師可不 予考慮額外工程或工程量的增加或其它特殊情況。
４５．除契約另有相反規定外，未經工程師代表的書面允許，任何永久性工程 不得在夜間或星期天進行，同時也不得在其他被當地認作是假日的時間進行，但下 列情況除外：因工程而不得已或為挽救生命、財產或維護工程安全而絕對必要，在 這種情況，承包商應立即通知工程師代表。本條的規定不適用於按傳統需輪班或倒 班進行的工作。
４６．不論是何原因使得工程或其任何部分的進度讓工程師覺得太慢，因而無 法確保在規定或延長期限內完工，隻要該原因不至於讓承包人有權要求延期，工程 師必須書面通知承包人，接到通知後承包人應採取必要的措施，工程師可同意加快 進度，以便能在規定或延長期限內完工或完成某部分工程。承包人無權因採取此種 措施而要求額外付款。如因工程師按本條款所作的通知的緣故，承包人需要求工程 師準許在夜間或星期日，如果其在當地被當做假日，或在其它被當地當做是假日的 時間工作，工程師不得無故不準許。
４７．１如承包人未在本契約第４３條規定的期限內完成工程，承包人應因違 約而向業主支付契約所規定之款額，此款額為定額賠償金，而不是根據第４３條規 定的期限與實際完工時間之差按天數進行處罰。業主可在不損害其他收款措施的情 況下，從他手中掌握的應支付或將支付給承包人的款項中扣除此種賠償金。此種賠 償金的支付或扣除不得免除承包人完成工程的義務，或免除他的其它任何契約所規 定的責任和義務。
４７．２在工程全部完工前，如有某部分工程已由工程師按本契約第４８條確 認為完工，且已被業主佔用，如在此後出現任何延誤，而本契約又無另行規定，因 延誤本應處罰的定額賠償金則應按已完工的工程的價值所佔全部工程價值的比例予 以扣減。
４７．３如要在契約中規定有關工程全部或部分完工的獎勵支付事項，此規定 應列在第二部分的第４７條中。
４８．１當工程全部完工且滿意地通過了所有契約規定的最後檢驗後，承包人 可向工程師或工程師代表發出有關通知，並承諾在維修期內將完成任何未完成的工 作。此種通知和承諾必須作成書面形式，且應被視作是承包人要工程師發放工程竣 工證書的要求。工程師應在此種通知送出後＿＿天內或向承包人發出工程竣工證書， 並交業主一本副本，註明他認為工程已按契約規定圓滿完工的日期，或向承包人 發出書面指示，具體說明他認為在發放此種證書前承包人還需完成的一切工作。在 發出此種指示後，工程師還應通知承包人關於此後以及在指示中所提及之工程完工 前，可能出現且影響工程實際完工的任何欠缺。在令工程師滿意地完成所指明的工 程並修正一切所指明的欠缺後，承包人有權在＿＿天之內收到竣工證書。
４８．２同樣，根據本條第１款規定的程式，就以下情況，承包人可要求，且 工程師應頒發竣工證書：
契約中單獨作有完工期限規定的部分永久性工程竣工，以及
永久性工程的任何實體部分已竣工，令工程師滿意，且已被業主佔有或使用。
４８．３如部分永久性工程已實質性完工，且滿意地通過了契約規定的最後檢 驗，工程師可在全部工程竣工前頒發此部分工程的竣工證書，一旦頒發此種證書， 承包人應被視作已承諾在維修期內完成此部分工程中一切尚未完成的工作。
４８．４在工程全部完工前就永久性工程的某一部分發放竣工證書，並不視為 已經完成任何所需的地面或地表還原工作，證書中明文規定的除外。
維修及欠缺
４９．１本條款中“維修期”一詞指標書附錄所指的維修期，從工程師按本合 同第４８條規定確認的竣工日開始計算，如工程師根據上述條款發出了多份竣工證 書，則分別從其確認的完工日開始計算，就維修期而言，“工程”一詞須作相應解 釋。
４９．２為按契約規定條件在維修期滿時或其後盡快將工程交給業主，除合理 損耗外，為讓工程師感到滿意，承包人必須盡快完成本契約第４８條中規定的在完 工日尚未完成的工作，以及完成工程師在維護期間，或在維護期滿後＿ ＿天內因工程師或工程師代表在維護期滿前的檢查而可能書面要求承包人完成的諸 如修理、修正、再建、調整，以及修正欠缺、缺陷、縮誤和其他毛病等一切工作。
４９．３如工程師認為此種工作是因承包人使用的材料或工藝不符合契約的要 求所至，或因承包人未履行其契約義務所至，一切費用應由承 包人承擔。如工程師認為此種需要是其他原因所至，則應對此種工作進行估價，並 按附加工程支付。
A construction contract is an agreement between the contractor and the contractor to establish mutual rights and obligations for the completion of a construction project. International engineering contracting contracts generally have the following legal characteristics:
1. International. Mainly in two aspects: First, the parties to the contract are companies and legal persons belonging to different countries or regions; second, the contractor must perform all or most of its contractual obligations in foreign countries, that is, the place where the contract is performed is in the country of the contractor. Other countries or regions are involved in complex legal application issues.
2. Large amounts of money are required, so the subject matter of the contract is often very large, and various bank guarantees are usually required in the transaction.
3. The performance period is long.
4. The risk is greater. In order to reduce the risk, in addition to the currency terms and force majeure clauses, the contract usually includes price adjustment clauses and difficult situation clauses.
The external construction contracting contract can be divided into general contracting contract, subcontracting contract, fixed total price contract and cost plus remuneration contract. Listed below is a general contracting contract:
Civil engineering construction contract
Chapter I General Terms
Definition and interpretation
1.1 In this contract, the following words shall be interpreted as follows, except where contextually meaningful:
“Owner” means the party hired by the Contractor or the legal heir of its rights as specified in Chapter 2, except for the assignee of the Owner, with the consent of the Contractor.
The “contractor” indicator has been accepted by the owner of one or more persons, businesses or companies, including other representatives, heirs and recognized assignees.
“Engineer” means an engineer designated in Chapter 2, or other engineer appointed by the Owner at any time and notified in writing to the Contractor in lieu of the assigned Engineer's performance of the Contractual Duties.
“Engineer's Representative” means any resident engineering technician, supervising engineer, or any project site supervisor who is appointed by the owner or engineer at any time to perform the duties stipulated in Article 2 of this contract. The license is written to the engineer in writing.
“Engineering” includes permanent engineering and temporary construction.
“Contract” means contract terms, technical specifications, drawings, list of construction works, unit price and price list, and can also be index books, acceptance certificates and contracting agreements.
“Contract price” means the amount determined in the acceptance certificate and may be increased or decreased in accordance with the following provisions of this contract.
“Construction Equipment” means all equipment or articles required for construction and maintenance or related to construction and maintenance, regardless of nature, excluding materials or other materials intended to constitute or are forming part of a permanent project.
“Provisional Construction” means the various temporary works required for the construction or maintenance of the project or for the construction or maintenance of the project.
“Permanent Works” means permanent works that will be constructed and repaired under contract.
“Technical Specifications” means the specifications referred to in the tender or any change to the tender, or the portion of the Engineer that may increase or agree in writing at any time.
“Drawings” means the drawings specified in the Technical Specifications, any changes made to the drawings by the Engineer in writing, and other drawings that may be provided by the Engineer at any time or in writing.
“Worksite” means the land and other sites required for the permanent or temporary construction of an engineer, including the ground, underground, above or through, and other land provided by the Owner for temporary storage or other purposes. Or a place, as long as it can form part of the site as specified in the contract.
“Approved” means a written confirmation that has been approved in writing, including subsequent verbal approval, and “approval” means written approval, including the above.
1.2 According to the contractual context, words of singular meaning can also have the meaning of plural, and vice versa.
1.3 The title and side note of the contract terms shall not be considered part of the contract and shall not be used to consider the interpretation clause or contract.
1.4 The term “expenses” shall be deemed to include indirect costs incurred on or off the site.
Engineer and engineer representative
2.1 The engineer must perform duties such as making decisions, issuing certificates and issuing instructions in accordance with the express provisions of the contract. If the performance of some of the duties stipulated in the engineer's appointment letter issued by the owner is specifically approved by the owner, the requirements shall be specified in the second part of this contract.
2.2 The Engineer may, in writing, authorize his or her representative to act on his behalf, but must submit a copy of all such authorizations to the Contractor and the Owner. Within the scope of the authorization, any written instructions or approvals from the Engineer's representative to the Contractor shall have the same effect as the Engineer's instructions or approvals on the Contractor and the Owner. The following exceptions are:
The denial of any work or material by an engineer's representative shall not affect the engineer's subsequent denial and order to dismantle, move or dismantle such work or material.
If the contractor is dissatisfied with any decision of the engineer's representative, he or she has the right to submit the decision to the engineer for confirmation, cancellation or change.
Transfer and subcontracting
3. Without the prior written consent of the Owner, the Contractor shall not transfer the contract or any part thereof, or any proceeds stipulated in the contract or in accordance with the contract, to the bank of the contractor’s bank to pay the amount due or due to expire in this contract. except.
4. The contractor may not subcontract the entire project. Unless otherwise stipulated in the contract, the contractor shall not assign any part of the project without the prior written consent of the engineer, but the engineer shall not disagree with the subcontract without reason. Once the subcontract is agreed, such consent shall not be exempt from any undertaking undertaken by the contractor. Responsibility or obligation under the contract, he must be fully responsible for the acts, non-performance and negligence of any subcontractor, his representative, employee or worker, as such acts, non-performance or negligence are contractors, their agents, employees or What the workers do. The provision of labour by piece-by-piece means shall not be considered as subcontracting as provided for in this article.
Contract file
5.1 The following elements shall be specified in the second part of the contract: the language used to draft the contract file;
Which country's laws apply to the contract and which country's law is used to interpret the contract.
If the file is made in more than one language, the language used to interpret the contract must also be specified in Part Two and will be defined as the "subject language."
5.2 Except as otherwise provided in the contract, the provisions of Parts 1 and 2 of the contract are superior to those of any other file that constitutes a contract. Subject to the above provisions, the several files that constitute the contract can be considered as interpreting each other. If the meaning is vague or inconsistent, the engineer interprets and processes the instructions and issues instructions to the contractor. If the engineer believes that obeying such an order would result in additional costs for the contractor, and such costs are unforeseeable by the contractor due to the vagueness or inconsistency of the above meaning, the engineer should prove that the owner must pay the corresponding additional amount to compensate for this. Kind of cost.
6.1 The drawings shall be kept by the Engineer alone, provided that the Contractor is provided with two copies free of charge and the remaining copies required by the Contractor shall be made by him and bear the costs. After the contract is fulfilled, the contractor shall return all the contract drawings to the engineer.
6.2 The Contractor must leave a copy of the drawing submitted in accordance with the above provisions on the site for the Engineer and his agent, or any other person authorized in writing by the Engineer, to review the use at all reasonable times.
6.3 If the engineer does not provide drawings or orders, including instructions, instructions or approvals, within an appropriate time, the contractor must notify the engineer in writing when the project plan or progress may be delayed or interrupted. The notice should specify the required drawings or orders, the reason and time required, and any delays and interruptions that may result if not provided in a timely manner.
6.4 If the Contractor requests drawings or orders in accordance with paragraph 3 of this Article, the Engineer shall consider such delays as a result of the Engineer’s failure or failure to provide them within a reasonable time, thereby causing the Contractor to lose work and/or bear the costs. Article 44 of this contract provides for extension of the contractor’s construction period and, if there is a reason, the contractor’s expenses must be compensated.
7. During the construction period, the engineer is solely responsible for providing drawings and instructions to the contractor at any time to meet the normal construction and maintenance requirements of the project. The contractor must perform and be bound by drawings and instructions.
General obligation
8.1 The Contractor shall pay due attention to the construction and maintenance of the project in accordance with the terms of the contract, and provide all labor, materials, construction equipment and all other items necessary for such construction and maintenance, including labor management, Regardless of whether it is temporary or long-term, as long as the contract expressly requires or reasonably infers the need according to the contract.
8.2 The Contractor shall be fully responsible for the appropriateness, stability and safety of the on-site operation and construction methods. Unless otherwise expressly provided in the contract, the Contractor shall not be liable for the design or specifications of the permanent works or the design or specifications of the temporary works.
9. If required, the contractor must sign a contractual agreement, which is set by the owner and bears the costs, and the agreement should be accompanied by the necessary amendments.
10. In order to perform the contract normally, in the tender, the contractor shall undertake to obtain the insurance company or the bank's insurance policy or guarantee letter as required, or other guarantees that the contractor shall be jointly and severally liable to the owner, the amount of which shall not exceed the insurance policy specified in the acceptance certificate. Or the amount of the insurance, the terms of the above insurance company, bank or guarantee and the above policy or guarantee must be approved by the owner. The acquisition of such policies or guarantees or the provision of guarantees, as well as the costs of entering into policies or letters of guarantee, shall be borne entirely by the contractor, unless otherwise provided in the contract.
11. The owner must provide the contractor with the hydrological and geological information obtained by the owner or his agent during the project inspection in the tender file. The tender must be deemed to be based on such information, but the contractor must understand the information. Responsible for yourself.
The contractor must also be deemed to have inspected the site and the surrounding environment, consulted the relevant site information available, and prior to submitting the tender, for all actual conditions, from form to nature, including geological conditions, hydrological and climatic conditions, Satisfied with the scope and nature of the project, the materials necessary to complete the project, the means of transport to the site, and the accommodation and accommodation required. In short, the contractor must be deemed to have obtained all the necessary information, in addition to the above, Risks, accidents and all other possible bids.
12. The contractor must be deemed to have been satisfied with the engineering tender before the bidding, and the seller’s list of the listed price and the unit price and price listed on the unit price and price list are satisfactory and perfect. The contractual obligation applies to all matters necessary for the normal construction and maintenance of the project, unless otherwise provided in this contract. However, during the construction period, if the contractor encounters other natural conditions or artificial obstacles other than the site climate, as far as he can see, such natural conditions or human obstacles are unforeseeable by experienced contractors, and the contractor must immediately Written notice to the engineer's representative, if the engineer confirms that the situation or human obstruction is not reasonably foreseeable by the experienced contractor, the engineer must testify and the owner pays the contractor for the additional costs incurred by the contractor, including due to such circumstances Or impediment: justifiable expenses incurred by the Executor for any instructions that may be issued to the Contractor in connection with the circumstances, and in the absence of specific instructions from the Engineer, the Contractor may take appropriate and reasonable action as approved by the Engineer. Justified and reasonable expenses.
13. Except for legal or natural factors, the contractor must strictly follow the contract to construct and maintain the project, so that the engineer is satisfied, and must comply with and strictly enforce the engineer's instructions and instructions on any matter, regardless of whether there is a provision in the contract. , mentioning or involving engineering. The Contractor may only accept instructions and instructions from the Engineer or accept instructions and instructions from the Engineer's Representative in accordance with Section 2 of this Contract.
14.1 After winning the bid, the contractor may submit a plan for the construction of the project to the engineer within the time specified in the second part of the article for the approval of the engineer. The Contractor shall also provide, at the request of the Engineer or his representative, a copy of the Contractor's construction plan and method instructions for reference.
14.2 At any time, as long as the engineer finds that the actual progress of the project does not conform to the approved scheme specified in paragraph 1 of this Article, the Contractor shall, at the request of the Engineer, provide a modification plan to make necessary amendments to the original plan to The guarantee works can be completed within the time limit specified in Article 48 of this contract.
14.3 The Contractor shall not be excused from any contractual obligations or obligations by submitting or accrediting such an arrangement to an engineer or engineer representative or for providing such details.
15. The contractor must exercise all supervisory authority during construction and thereafter when the engineer considers it necessary to perform the contractual obligations normally. The contractor, or a full-fledged agent or representative in writing approved by the engineer, shall always be at the construction site and shall be supervised and managed at all times. If the engineer reinstates the approval of the agent, after receiving the written notice of restoration, the contractor must evacuate the site as soon as possible according to the removal regulations, and in the future, no longer employ him in any position on the construction site, and use another engineer. An approved agent will replace it. Such authorized agent or representative may, on behalf of the Contractor, accept the instructions and instructions of the Engineer or, in accordance with Article 2 of this Contract, accept the instructions and instructions of the Engineer's representative.
16.1 The Contractor must provide and hire on the construction site in connection with construction and engineering maintenance:
Skilled personnel who are familiar and experienced in this profession are competent to be the sub-agents, foremen and foremen who provide supervision, and
Skilled, semi-skilled and unskilled workers required for normal and timely construction and maintenance work.
16.2 If the Engineer believes that any person employed by the Contractor for construction or related to construction or engineering maintenance is not behaving, or is unable or negligent in performing his duties, or that his employment is not necessary, the Engineer has the right to object to the employment and to request contracting. The person immediately dismissed him from the construction site and such personnel should not be hired to the site without the written consent of the engineer. Any position that is dismissed from the site should be replaced by a qualified person approved by the engineer as soon as possible.
17. The contractor shall be responsible for the determination of the line, in accordance with the relevant points, lines and planes of the original drawings submitted by the engineer, as described above, so that the position, level and area of the project are correct and the parts of the project are calibrated. It is responsible for providing all the necessary tools, equipment and labor related to the project. During construction, if there is an error in the calibration of the location, level, area or any part of the project at any time, at the request of the engineer or engineer representative, the contractor must correct the error to satisfy the engineer or engineer representative, and correct the cost by the contractor. In this case, the error is caused by a written error provided by the engineer or engineer representative. In this case, the owner shall bear the cost of correction. The Contractor shall not be exempted from the responsibility of the Engineer or the Engineer's representative for any position measurement or inspection of any line or any level. The Contractor shall carefully protect and store the leveling points and observation rods used in the measurement of the position of the Project. , measurement and other items.
18. During construction, if the engineer requires the contractor to drill or conduct excavation at any time, such a request must be made in writing and deemed to be an additional order made under section 51 of this contract, unless it is already listed in the quantity list. A spare part for such an anticipated project.
19. The Contractor shall, at his own expense, provide and maintain all lighting, guards, fences and care related to the Works at his own expense to safeguard the Works, or to protect the public and others, as necessary or at the request of an engineer or engineer representative, or any formally established Project Management Office. Safety and convenience.
20.1 From the commencement of work to the date specified in the completion certificate in Article 48 of this contract, the contractor shall be solely responsible for the project. As long as the engineer issues a completion certificate for any part of the permanent project, the contractor is no longer responsible for this part of the permanent project from the date specified in the partial completion certificate, and the responsibility for this part is transferred to the owner. In addition, the contractor must be responsible for any work that has not yet been completed and that he has to complete during the maintenance period until such work is completed. In the event of any damage, loss or destruction of the Project or any part thereof, for any reason, the Contractor shall be responsible for repairs and repairs at his own expense, in addition to the exclusionary risks specified in paragraph 2 of this Article, to ensure that the permanent works are in good condition when completed. All aspects are in line with the requirements of the contract and the instructions of the engineer. If any damage, loss or damage occurs as a result of the exclusion of risks, the Contractor shall, at the request of the Engineer and in accordance with Article 65 of this Contract, repair and repair as described above at the expense of the Owner. The Contractor shall also be liable for any damages caused to the Works during the construction process in order to complete the attempted project or to perform its obligations under Section 49 or 50 of this Contract.
20.2 “Exclusion risk” includes war, hostile state, aggression, foreign enemy behavior, rebellion, revolution, uprising or mutiny or shackles, civil war, or not solely manufactured by the contractor’s employees, their subcontractors, and not due to project management And riots, disturbances or chaos, or radiation caused by the owner’s use or occupation of any part of the permanent works, or purely engineered engineering, or by any nuclear fuel or nuclear fuel burning waste and radioactive toxic explosives Pollution, or any other dangerous feature of explosives, nuclear installations or components of nuclear installations, pressure waves of aircraft or other flying objects flying at sonic, supersonic speeds, and any other such natural forces, cannot be experienced contractors It is foreseen that it is not possible to provide reasonable supplies or insurance against it, all of which are referred to as “exclusion risks” in this contract.
21. The contractor must, in the common name of the owner and the contractor, insure against all losses or damages other than the exclusion risk that are borne by the contractor under the contract, regardless of the cause, such insurance shall not reduce the number 20 of this contract. The obligations and responsibilities of the contractor as specified in the Article, the insurance of the owner and the contractor, in addition to the time limit specified in Article 20.1 of this contract, also includes the loss incurred during the maintenance period due to the reasons before the start of the maintenance period or Damages, and any loss or damage caused by the Contractor during any work performed in fulfilling its obligations under Article 49 or 50 of this Agreement, the insured items include:
The construction in progress, based on its current contract value, or the additional amount that may be specified in paragraph 2 of Article 21, together with the materials used for the project based on the replacement value.
Construction equipment and other items brought to the site by the contractor are insured at their replacement value.
Such insurance must be placed in an insurance company. The terms must be approved by the owner. The owner must not agree to the insurance without any reason. The contractor must present the insurance policy and the receipt of the current insurance premium to the engineer or engineer representative at any time upon request.
22.1 Except as otherwise provided in the contract, the contractor must protect the owner from any loss or damage caused by any personal injury, material loss and property damage caused or caused by construction and engineering maintenance, and not for all compensation Any loss, damages, litigation costs, expenses and expenses related to the loss, except for compensation or damages related to or related to:
Permanent use or occupation of land by works or parts of works;
The owner's right to face, above, below, inside or part of the construction or partial construction of any land;
Inevitable loss of personnel or property in accordance with the contract for construction or maintenance of the project;
Personal injury or property damage caused by the owner, his agent, employee or other contractor who is not employed by the contractor, or any claim, lawsuit, damages, legal costs, Expenses and expenses, or those that have been borne by the contractor, its employees or agents, but which should be the responsibility of the owner, its employees or agents or other contractors, involve compensation for loss or injury.
22.2 The Owner must protect the Contractor from all losses, litigation, damages, costs, expenses and expenses in connection with the matters specified in paragraph 1 of this Article.
23.1 Prior to commencement of work, without prejudice to the obligations and responsibilities imposed on him under section 22 of this contract, the contractor must give to any property, including the property of the owner, either because of construction or for the performance of this contract. Liability insurance for material or material damages, losses or injuries caused by any person, including the owner's employees, except as provided in Article 22 of this contract.
23.2 Such insurance must be placed in an insurance company. The terms must be approved by the owner. The owner must not disapprove of the insurance for no reason. The amount of insurance must not be less than the amount specified in the attached file of the tender. The Contractor must present the insurance policy and receipt of the current insurance premium to the Engineer or Engineer representative at any time upon request.
23.3 The insurance clause must stipulate that the contractor shall not make any claim against the owner for the relevant matters that may be insured, and the insurance company shall protect the owner from the claimed loss and compensate for any litigation fees and expenses and expenses.
24.1 The Owner shall not be liable for any damages payable under the law for any accident or injury to the Contractor or any subcontractor’s workers or other hiring personnel, unless the accident or injury is caused by the Owner, his representative or the employee. Any behavior or neglect of duty. In addition to the above, the contractor may protect the owner from all damages and all claims, litigation, legal costs, expenses and expenses associated with this.
24.2 The contractor must insure against such liability. The insurance company may, with the consent of the owner, the owner shall not refuse without consent. The contractor must continue to insure the entire period of employment of the worker at the site and present it to the engineer or engineer representative at any time upon request. Insurance policy and receipt for payment of current insurance premiums. If the personnel employed by any subcontractor, such as the subcontractor, have insured the liability of such personnel and the owner is the object of insurance compensation, the contractor’s above-mentioned insurance obligations are deemed to have been fulfilled, but the contractor must require this. The subcontractor will present such insurance policy and receipt of the current insurance premium to the engineer or engineer representative at any time upon request.
25. If the contractor fails to insure and continue to insure under Sections 21, 23 and 24 of this contract, or fails to insure any other insurance that he should invest in accordance with the terms of this contract, in any such case, the owner may purchase And continue any insurance, pay such necessary expenses, and deduct the above-mentioned fees paid by the owner from the amount due or possible to be paid to the contractor, or recover this as the contractor’s liability.
26.1 The Contractor must comply with all national or state construction laws, decrees, or other regulations, or any regulations, or local regulations of local or other legal authorities, and all public or other property or rights that are or may be affected by the Works. The rules and regulations of the group and company, publish all notices and pay all fees.
26.2 The Contractor must comply with any of the above statutes, statutes or regulations, applicable to all local regulations of the local or other legal authority of the project, and the rules and regulations of the above-mentioned public bodies and companies, such as in violation of any such statutes, The statute or regulations, regulations or local regulations shall not subject the owner to any punishment or liability.
26.3 If the Engineer confirms that the Owner is reimbursed for such costs that have been paid by the Contractor, the Owner shall reimburse or agree to reimburse the Contractor for all such amounts.
27. All fossils, coins, valuable items or antiquities found in the construction site, buildings and other sites or items with geological or archaeological value shall be jointly recognized by the owner and the contractor as the absolute property of the owner. The Contractor must take appropriate measures to prevent its workers or anyone else from transferring or destroying any such items, and immediately notify the Engineer's representative and execute the relevant disposal orders of the Engineer's representative after the item has been discovered. The cost shall be borne by the Owner.
28. The Contractor must protect the Owner from infringement of any patents, panel designs, trademarks or trade names or other rights that are warranted for use in or relating to any construction equipment, machinery, or materials. Claimed or sued, and must protect the owner from any claims, litigation, damages, legal costs, expenses or expenses associated with this. Unless otherwise specified, the Contractor shall bear the cost of the stone, sand, gravel, earth or other materials required for the Works or part of the Works, the cost of the sandstone, the rent and other fees or compensation.
29. All construction-required activities, where the contractual permit is met, must be carried out to ensure that the public's convenience is not unduly obstructed or that the passage, use and occupation of public or private roads are impeded, whether the road is accessible or at the owner or other People's real estate. In the event of such an event that is the responsibility of the Contractor, the Contractor must protect the Owner from any damages, litigation, damages, costs, expenses and expenses incurred as a result.
30.1 The Contractor must take all reasonable measures to prevent damage to any road or bridge that is connected or to the site due to the use of the Contractor or any of its subcontractors. In particular, the Contractor must select routes and choose to use the vehicle. And dispersing the load, so that the abnormal traffic necessarily caused by the transportation of equipment and materials to and from the construction site is reasonably limited as much as possible, thereby avoiding unnecessary damage to roads and bridges.
30.2 If the contractor is required to transport construction equipment, machinery or engineering prefabricated parts or prefabricated parts one or more times via part of the road or bridge, such transport may damage the road or bridge, without the special protection and reinforcement measures, the contractor Before transporting the goods through this road or bridge, you must notify the engineer or engineer representative to report the weight of the cargo and other specific conditions, as well as the protection and reinforcement measures it intends to take on the road. Unless within 14 days of receipt of the notice, the engineer indicates by way of cancellation notice that such protection or reinforcement measures are not necessary, the contractor will implement such a plan or implement a modified plan as requested by the engineer, unless the construction work list contains one item. Or a number of necessary items to protect or reinforce the above-mentioned roads or bridges that have been priced by the contractor, otherwise the costs may be paid by the owner to the contractor.
30.3 If, at any time during or after construction, the contractor is claimed for damage to the road or bridge, he must report the engineer immediately, after which the owner will negotiate to settle the claim and protect the contractor from the claim. And all damages related to claims, litigation, damages, legal costs, expenses and expenses. If the Engineer believes that the reason for the claim or part of the claim is that the Contractor has not fulfilled its obligations under paragraphs 1 and 2 of this Article, the amount of the loss due to the non-performance of the Engineer must be paid by the Contractor to the Owner.
30.4 If the nature of the project requires the contractor to use waterway transport, the above provisions of this Article must be interpreted as “vehicles” including ship locks, docks, breakwaters or other related waterway facilities, and “transportation tools” including vessels are to be interpreted and implemented accordingly.
31. The Contractor must, at the request of the Engineer, provide other contractors and their workers employed by the Owner, as well as workers employed by the Owner or other legal authorities, with reasonable opportunities to work, who may be employed on or near the Site, Any work specified in this contract or any other contractual work signed by the owner relating to the work or ancillary works. However, if the Contractor, at the written request of the Engineer or Engineer's representative, provides the other Contractor, Owner or other legal authority with the road in his charge, or permits the use of his or her scaffolding or other equipment at the Site, or provides any other similar property. For the service, the owner must pay the contractor the cost of such use or service as long as the engineer considers it reasonable.
32. During the construction period, the contractor shall ensure that there are no unnecessary obstacles on the construction site, properly store or dispose of construction equipment and excess materials, and remove all residual waste or temporary works that are no longer needed from the construction site.
33. Upon completion, the contractor shall clean all construction equipment, excess materials, garbage and various temporary engineering facilities out of the construction site, so that the entire site and project appear to be clean and compliant, and the engineers are satisfied.
labor
34.1 The contractor must arrange for the employment of all local or other local labor and is responsible for the transportation, accommodation and wages of the labor, except as otherwise provided in this contract.
34.2 As long as it is reasonably practicable, the contractor shall provide sufficient water and other water to the staff and workers on the site, depending on local conditions, to the satisfaction of the engineer's representative.
34.3 The Contractor shall not import, sell, give, exchange or otherwise dispose of any spirits or drugs, or allow or allow subcontractors or agents, except under current laws, regulations and government regulations or orders. Or an employee is involved in the import, sale, gift, exchange or disposal of any such item.
34.3 As stated above, the Contractor shall not give, exchange or otherwise dispose of any weapon or ammunition to others, nor permit or tolerate the same conduct.
34.5 Contractors should pay due attention to recognized holidays and religions or other customs when dealing with employees.
34.6 In the event of an outbreak of infectious disease, the contractor must comply with and enforce the regulations, orders, and requirements established by the government or local health care facility to treat the disease.
34.7 The Contractor shall take all reasonable precautions at all times to prevent violations, riots or chaos in the employees' manufacture or in the employees to maintain the safety and security of persons and property in the vicinity of the Project.
34.8 The contractor must be responsible for allowing the subcontractor to comply with the above requirements.
34.9 If necessary, provide for all other conditions relating to labour and wages in section 34 of Part Two.
35. At the request of the Engineer, the Contractor shall submit a detailed report to the Engineer's Representative or his or her office in the form and time required by the Engineer, reporting the number of supervisors and different levels of labor employed at the Site, as well as the requirements of the Engineer's representative. Construction equipment.
Materials and processes
36.1 All materials and processes shall comply with the provisions of the contract and the instructions of the engineer, and shall be subject to inspections that the engineer may order at any time, at the manufacturing or processing site, at the site or at other locations specified by the contract, or at one location. . The Contractor shall provide the necessary assistance, tools, machinery, labor and materials for the inspection, measurement and inspection of the quality, weight or quantity of any work or any material. The Contractor shall also be in the material of the Engineer's choice or request. The set of materials is provided for inspection prior to use in the project.
36.2 If the contract is expressly implied or expressly stated, the cost of all samples provided by the contractor shall be borne by the contractor itself, otherwise it shall be paid by the owner.
36.3 If the contract expressly implied or expressly stipulates that all inspection costs shall be borne by the contractor, this contract shall have detailed provisions for the inspection of only the load detection and confirmation of the design of any completed or partially completed project. The contractor can be assured or permitted to include his or her expenses in the bid price.
36.4 Where the engineer ordered the inspection, and
The contract is not implied or regulated, or
Not so detailed, or
Implied or stipulated, but by an engineer ordering an independent individual to work outside the construction site or at any place other than the manufacturing or processing location of the inspection material,
If the inspection results indicate that the process or materials do not comply with the contract or the engineer's instructions, the inspection fee shall be borne by the contractor, otherwise the owner shall pay.
37. The Engineer and any person authorized by him shall have the right to go to the project site at any time, to any material preparation, product or machinery required for the project preparation or engineering, and the Contractor shall provide all facilities and assistance for the exercise or access to such presence.
38.1 No work shall be covered or obscured without the approval of an engineer or an engineer's representative. The contractor shall provide the engineer or engineer representative with ample opportunity to inspect and measure any work to be covered or covered, and the permanent project begins. Check the foundation before. The Contractor shall promptly notify the Engineer's representative when any such project or foundation is ready or ready for inspection. The Engineer's representative must participate in such work or foundation inspection without undue delay unless he considers that the inspection is not necessary and thus Notify the contractor.
38.2 The Contractor shall, in accordance with the instructions given by the Engineer at any time, open one or a part of the work that has been covered, or open the project or through the project, and be responsible for making it intact and satisfying the Engineer.凡 任何此種工程部分是在履行本條第１款之規定後被覆蓋或遮掩的，則開啟和在工程 上或經過工程開通道，以及使之完全復原的費用由業主承擔，否則所有費用應由承 包人承擔。
３９．１在施工中，工程師有權隨時書面命令：
把工程師認為不符契約規定的任何材料按命令中具體規定的時間從工地換走，
用恰當合適的材料予以替換和
把工程師認為不合符契約規定的材料或工藝換掉或適當重新施工，無論其在之 前是否經過檢查或作過中期支付。
３９．２如承包人未執行此種命令，業主有權僱用他人執行，業主應從承包人 處收回由此而產生的所有費用和雜費，或從應付給或即將付給承包商的款項中予以 扣除。
４０．１收到工程師的書面命令後，承包人必須在工程師認為必要的時間，以 其認為必要的方式，停止工程或部分工程的施工，隻要工程師認為必要，還必須在 停工期間妥善保護工程的安全。承包人根據本條款執行工程師指令而發生的額外費 用應由業主承擔，除非此種停工是：
契約另行規定的，或
由承包人的某種違約而導致的必要停工，或
由工地的氣候條件導致的必要停工，或
為正常施工或為整個工程或部分工程的安全而作的必要停工，而不是因工程師 或業主的任何行為或違約而產生的，也不是因本契約第２０條規定的任何除外風險 引起的。
承包人在收到工程師命令後＿＿天內應書面通知工程師，要求賠償，否則將無 權得到額外費用。如工程師認為承包人的要求公平合理，他必須按本契約第４４條 的規定，處理並決定此種支付給承包人的額外費用和／或停工時間。
４０．２如整個工程或部分工程按工程師的命令停工，且停工９０天後仍未得 到工程師作出的復工命令，除非此種停工屬本條第１款第１、２、３或４項規定範 圍之內，否則承包人可書面通知工程師，要求其在收到通知後＿＿天內準許對整個 工程，或停工的部分工程重新開工，如在此期間仍未獲得開工許可，承包人可以， 但不一定必須，再作書面通知，按本契約第５１條的規定將隻影響到部分工程的停 工視為是對該部分工程的省略，或，如停工影響到整個工程，視其為是業主廢棄合 同。
開工時間和延誤
４１．接到工程師的書面開工通知後，承包人應在標書附錄中規定的期限內在 工地施工，且必須迅速，不得延誤，工程師明文同意或命令，或承包人無法控製的 原因除外。
４２．１除契約另有規定的外，就承包人應隨時獲得的工地的範圍及授權他使 用此部分工地的命令而言，業主應根據契約有關施工命令的規定，隨同工程師的書 面開工命令，提供承包人必要範圍的工地，使其能夠開始並按本契約第１４條規定 的方案施工，此外應根據承包人給工程師的書面通知上的合理建議，在 施工期間隨時向承包人提供更大範圍的工地，以保證承包人能按上述方案或建議迅 速施工。如承包人因業主不按本條規定提供工地而誤工或發生費用，工程師應準許 延長工期，並由他確定一筆補償此種費用的款項，該款項應由業主支付。
４２．２承包人應承擔因通往工地的所有特殊或臨時道路通行權而產生的費用。 承包人也得支付為施工而應他的要求在工地之外食宿而發生的一切額外費用。
４３．除按契約規定，工程整體完工前任何部分工程必須按時完工外，根據合 同第４８條的規定，整個工程必須在契約規定的期限內完成，該期限應從標書附錄 規定的開工期的最後一天算起，或以本契約第４４條的規定而準許的延期時間為準。
４４．除承包人違約外，如因額外工程或工程量的增加或由此而涉及的任何延 誤原因、或特別惡劣的氣候、或其它可能發生的任何特殊情況而使得承包人有權要 求工程延期，工程師應決定延期時間，並由此通知業主和承包人。如承包人在此種 工程開工後、或此種情況一發生、或按實情在其發生後的＿＿天內，沒有向工程師 代表提交詳細說明他認為有權延期的報告而讓此陳述當時便得到調查，工程師可不 予考慮額外工程或工程量的增加或其它特殊情況。
４５．除契約另有相反規定外，未經工程師代表的書面允許，任何永久性工程 不得在夜間或星期天進行，同時也不得在其他被當地認作是假日的時間進行，但下 列情況除外：因工程而不得已或為挽救生命、財產或維護工程安全而絕對必要，在 這種情況，承包商應立即通知工程師代表。本條的規定不適用於按傳統需輪班或倒 班進行的工作。
４６．不論是何原因使得工程或其任何部分的進度讓工程師覺得太慢，因而無 法確保在規定或延長期限內完工，隻要該原因不至於讓承包人有權要求延期，工程 師必須書面通知承包人，接到通知後承包人應採取必要的措施，工程師可同意加快 進度，以便能在規定或延長期限內完工或完成某部分工程。承包人無權因採取此種 措施而要求額外付款。如因工程師按本條款所作的通知的緣故，承包人需要求工程 師準許在夜間或星期日，如果其在當地被當做假日，或在其它被當地當做是假日的 時間工作，工程師不得無故不準許。
４７．１如承包人未在本契約第４３條規定的期限內完成工程，承包人應因違 約而向業主支付契約所規定之款額，此款額為定額賠償金，而不是根據第４３條規 定的期限與實際完工時間之差按天數進行處罰。業主可在不損害其他收款措施的情 況下，從他手中掌握的應支付或將支付給承包人的款項中扣除此種賠償金。此種賠 償金的支付或扣除不得免除承包人完成工程的義務，或免除他的其它任何契約所規 定的責任和義務。
４７．２在工程全部完工前，如有某部分工程已由工程師按本契約第４８條確 認為完工，且已被業主佔用，如在此後出現任何延誤，而本契約又無另行規定，因 延誤本應處罰的定額賠償金則應按已完工的工程的價值所佔全部工程價值的比例予 以扣減。
４７．３如要在契約中規定有關工程全部或部分完工的獎勵支付事項，此規定 應列在第二部分的第４７條中。
４８．１當工程全部完工且滿意地通過了所有契約規定的最後檢驗後，承包人 可向工程師或工程師代表發出有關通知，並承諾在維修期內將完成任何未完成的工 作。此種通知和承諾必須作成書面形式，且應被視作是承包人要工程師發放工程竣 工證書的要求。工程師應在此種通知送出後＿＿天內或向承包人發出工程竣工證書， 並交業主一本副本，註明他認為工程已按契約規定圓滿完工的日期，或向承包人 發出書面指示，具體說明他認為在發放此種證書前承包人還需完成的一切工作。在 發出此種指示後，工程師還應通知承包人關於此後以及在指示中所提及之工程完工 前，可能出現且影響工程實際完工的任何欠缺。在令工程師滿意地完成所指明的工 程並修正一切所指明的欠缺後，承包人有權在＿＿天之內收到竣工證書。
４８．２同樣，根據本條第１款規定的程式，就以下情況，承包人可要求，且 工程師應頒發竣工證書：
契約中單獨作有完工期限規定的部分永久性工程竣工，以及
永久性工程的任何實體部分已竣工，令工程師滿意，且已被業主佔有或使用。
４８．３如部分永久性工程已實質性完工，且滿意地通過了契約規定的最後檢 驗，工程師可在全部工程竣工前頒發此部分工程的竣工證書，一旦頒發此種證書， 承包人應被視作已承諾在維修期內完成此部分工程中一切尚未完成的工作。
４８．４在工程全部完工前就永久性工程的某一部分發放竣工證書，並不視為 已經完成任何所需的地面或地表還原工作，證書中明文規定的除外。
維修及欠缺
４９．１本條款中“維修期”一詞指標書附錄所指的維修期，從工程師按本合 同第４８條規定確認的竣工日開始計算，如工程師根據上述條款發出了多份竣工證 書，則分別從其確認的完工日開始計算，就維修期而言，“工程”一詞須作相應解 釋。
４９．２為按契約規定條件在維修期滿時或其後盡快將工程交給業主，除合理 損耗外，為讓工程師感到滿意，承包人必須盡快完成本契約第４８條中規定的在完 工日尚未完成的工作，以及完成工程師在維護期間，或在維護期滿後＿ ＿天內因工程師或工程師代表在維護期滿前的檢查而可能書面要求承包人完成的諸 如修理、修正、再建、調整，以及修正欠缺、缺陷、縮誤和其他毛病等一切工作。
４９．３如工程師認為此種工作是因承包人使用的材料或工藝不符合契約的要 求所至，或因承包人未履行其契約義務所至，一切費用應由承 包人承擔。如工程師認為此種需要是其他原因所至，則應對此種工作進行估價，並 按附加工程支付。
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