Construction project construction contract (international)
International civil engineering contract
employer:________
contractor:_______
Project and related files: _______
The above two parties reached the following contract terms through friendly negotiation:
The first part of the common condition
Definition and interpretation
definition
Article 1 The following words and terms in this contract, unless otherwise required by the text, shall have the meanings specified herein:
“Employer” means the party identified in Part II of the Contract Conditions that has tendered for the construction, installation or delivery of the Works and will employ the Contractor and the legal continuator in the name of the Employer, excluding any assignee of the Employer.
“Contractor” means a person or persons, firm or company whose bid has been accepted by the employer and includes the private representative, successor and licensed assignee of the contractor.
“Engineer” means an engineer designated in Part 2, or an engineer appointed by the Employer at any time and in writing to notify the Contractor to act in the capacity of an engineer to replace the designated Engineer for the purposes of this Contract.
“Representative of an Engineer” means an assistant to a construction engineer or engineer, or any engineering construction manager who is dispatched by an employer or engineer to perform the duties specified in Article 2 of this Archive at any time. The authority shall be notified to the Contractor in writing by the Engineer.
“Engineering” means the work to be carried out in accordance with this contract.
“Contract” means contract conditions, specifications, drawings, list of construction works, price and price lists, tenders and contractual agreements.
“Contracted price” means the amount specified in the tender but which is increased or decreased according to the provisions set out below.
“Construction Facility” means all equipment, equipment, or the like, required for the conduct, construction, or maintenance of this or a temporary project, but does not include materials intended to constitute or are forming part of a permanent project or Everything else.
“Temporary Works” means all types of temporary works required for the conduct, construction or maintenance of this Project.
“Drawings” means the drawings referred to in the specification and any modifications made to the drawings by the Engineer in writing, as well as other drawings provided by the Engineer at any time or in writing.
“Site” means the land and other sites on which the Works are to be carried out, under or in the Works, and any other premises provided by the Employer for the purposes of this Agreement, together with other venues specifically designated as part of the Site in this Agreement. Land or place.
“Accepted” means approved in writing, including subsequent written confirmation of prior oral approval; and “approval” means written approval, including the above.
Singular and plural
In the context of the text, only words that indicate singular numbers also include plurals, and vice versa.
Subtitle or annotation next to the page
The page headings or comments in these general conditions shall not be considered as part of the terms of this contract, nor as a consideration in interpreting the terms of this contract or this contract.
Representative of the engineer
Responsibility and authority of the representative of the engineer
The responsibility of the second engineer's representative is to inspect and supervise the project, and to test and inspect the materials and work to be used in the project. He has no right to waive any liability or obligation of the Contractor under this Agreement, except as otherwise expressly provided in this document or elsewhere in this contract, he has no right to order any work that would cause delay or to instruct the Employer to make any additional Payment, and no changes can be made to this project.
Engineers may delegate any authority and authority granted to the Engineer to the Engineer's representative at any time in writing and shall submit a copy of all such powers and authorized written assignments to the Contractor. Any written instruction or approval given by the Engineer's representative to the Contractor within such entrustment shall be binding on the Contractor and the Employer as the Engineer's instructions or approvals. However, it must be conditional on:
1. The representative of the Engineer does not disapprove any work or materials and does not prejudice the Engineer's power not to endorse the work or materials and order them to be overturned, removed or demolished.
2. If the contractor is dissatisfied with any decision made by the representative of the engineer, he shall have the right to refer the matter to the engineer, who shall immediately confirm, restore or change the decision.
Transfer and subcontracting
1. transfer
Article 3 The Contractor shall not assign this Agreement or any component of this Agreement or any benefit or benefit thereof without the prior written consent of the Employer.
2. Subcontracting
Article 4 The contractor shall not subcontract the entire project. Except as otherwise provided in this contract, the contractor shall not subcontract any component of the project without the prior written consent of the engineer. If agreed, the contractor shall not be excused from any liability or obligation assumed by the contractor under this contract. The contractor The actions, defaults and omissions of any subcontractor or subcontractor’s agent, employee or worker are as full as the actions of the contractor or the contractor’s agent, employee or worker, breach of contract or negligence. . However, the provision of labour by piece-by-piece means should not be considered a subcontract as described in this article.
Scope of the contract
Article 5 This contract includes the construction, construction and maintenance of this project. Except as otherwise provided in this contract, it also includes the provision of construction, completion and maintenance of the project as specified by this contract or reasonably inferred from this contract. All labor, materials, construction equipment, temporary works and everything, whether temporary or permanent.
Contract file
6. Language
The language used to develop this contractual file shall be stated in the second part. If the contract file is written in more than one language, the language in which the contract is based shall be specified in the second part, ie The "main language."
Archives explain each other
Except as otherwise provided in this contract, the provisions of the Common Conditions and the Special Conditions shall be the dominant provisions of any of the other provisions of the other files that form part of this contract. Under the above conditions, certain files constituting this contract shall be deemed to explain each other. If the meaning is unclear or inconsistent, the engineer shall explain and mediate it, and the engineer shall give instructions to the contractor for this purpose. Guide how the work should be done. However, if the Engineer believes that any costs incurred by the Contractor in accordance with any such instructions are not clear or inconsistent in the sense of the Archives and are not and are not justified by the Contractor, the Engineer shall Proof that the employer should pay this additional amount at an amount that would reasonably be affordable.
7. Custody of drawings
The drawings shall be kept by the engineer separately, but two copies of the drawings shall be provided free of charge to the contractor. If the contractor needs more copies, it shall be provided and produced by the contractor at his own expense. Upon completion of this contract, the Contractor shall return all drawings provided under this Contract to the Engineer.
The Contractor shall give appropriate representation to the Engineer or Engineer's representative of any drawings or instructions required to perform any work or other matter required under this Agreement.
A copy of the drawings should be stored on site.
One of the above-mentioned copies of the drawings provided to the Contractor shall be kept by the Contractor on site and shall be inspected and used by the Engineer, the representative of the Engineer and any other person authorized in writing by the Engineer at all appropriate times.
8. Further drawings and instructions
The Engineer shall have full authority to provide the Contractor with drawings and instructions that must be further provided for the proper and proper conduct and maintenance of the Project during the course of the Project, and the Contractor shall execute and be bound by it.
General obligation
9. Contractual agreement
When the contractor is invited to make a contract, the contractual agreement shall be signed in the form listed in the subsidiary file and subject to necessary modifications.
10. Performance bond
If the tender states, the contractor undertakes to obtain a guarantee from an insurance company or bank when needed or to provide two suitable and well-guaranteed guarantors, together with the contractor, bears the responsibility to the employer jointly and severally, not exceeding If the amount of the bid amount is 10%, according to the conditions of the guarantee, the insurance company or the bank or the guarantor and the guaranty shall be approved by the employer to obtain such guarantee or provide such guarantor. And the cost of such a guarantee to be made shall be borne by the contractor, except as otherwise provided in this contract.
11. inspect on the spot
The tender shall be considered to be based on information on hydrological, climatic and natural conditions that the employer should provide in the file submitted to the contractor for the purpose of the tender. However, the contractor shall inspect and inspect the site and its surroundings, and shall clearly ascertain the shape and nature of the site before submitting the tender, the quantity and nature of the work and materials necessary for the cost of the project, and the means of transport to the site and his possible The required living equipment, in short, he should personally obtain all necessary information about risks, accidents and other circumstances that may affect his bid.
Sufficient conditions for bidding
Unfavorable natural conditions and artificial obstacles
12. The Contractor shall be deemed to have correctly ascertained that his bid for the Project and the rates and prices listed in the list of construction works and rates and price lists are correct and sufficient before bidding. This rate and price shall include, in addition to the provisions of this contract, all the obligations of the contractor under this contract and all necessary for the proper construction and maintenance of the project. However, if the contractor encounters natural conditions or artificial obstacles during the course of the project, and such conditions or obstacles are not reasonably foreseeable by an experienced contractor, the contractor shall immediately notify the engineer in writing representative. If the Engineer believes that such conditions or man-made obstacles are not reasonably foreseeable by an experienced contractor, the Engineer shall prove that the Employer shall pay additional costs to the Contractor as a result of such conditions, including The following appropriate and reasonable costs arising from such conditions or obstacles:
1 to comply with any reasonable and reasonable costs incurred by the Engineer in performing any instructions to the Contractor in connection with such circumstances, and
2 The appropriate and reasonable expenses incurred by the Contractor in any unreasonable and reasonable measures approved by the Engineer without the specific instructions of the Engineer.
13. Work must satisfy the engineer
In addition to being legally impossible or practically impossible, the contractor must strictly follow the requirements of this contract, build and maintain the project to satisfy the engineer, and perform and strictly follow the engineer's matters concerning or related to the project. Instructions and guidance. The contractor only receives instructions and instructions from the representative of the engineer or engineer.
14. Solution to be provided
After the contractor’s bid has been accepted, the contractor shall, as required, submit to the engineer a plan indicating the sequence and method of the steps he has recommended for the project, and the engineer shall approve it and, if requested by the representative of the engineer or engineer They shall be provided with written details of the contractor’s arrangements for the construction of the project and the construction equipment and temporary works that the contractor intends to provide, use or construct. Submission of such a plan to a representative of an engineer or engineer and their approval or provision of such detailed information shall not relieve the contractor of any obligation or liability under this contract.
15. Contractor’s supervisory authority
The Contractor shall carry out the Project in progress and shall give or provide all necessary supervision during the period necessary for the Engineer to perform the obligations of the Contractor in accordance with this Contract. The contractor or a designated representative or representative who is legally approved by the engineer shall be resident in the project and shall dedicate his entire time to the supervision of the project. If the Engineer reinstates this approval, the Contractor shall evacuate the Processor as soon as possible after receiving written notice of reinstatement of the approval, and shall not hire him for any work on the Site in the future and shall be otherwise authorized by the Engineer. People come to replace him. Such designated representative or representative shall receive guidance and instructions from the contractor on behalf of the engineer or engineer.
16. Contractor’s employee
The contractor shall provide and maintain the work and maintenance of the project:
Only technical experts with skills and experience in each of the industries, and assistant agents, foremen and foremen who can properly supervise the work required to supervise them, and the correct and timely implementation and maintenance of the project. Required skilled, semi-skilled and unskilled workers.
Any person employed by the Contractor for the purpose of or in connection with the conduct or maintenance of the Project shall have the right to object to and request the Contractor if the Engineer considers that the Conduct is improper or incompetent or negligent, or if the Engineer otherwise considers that the employment of the Person is undesirable. The person is immediately removed from the project and the person may not be hired to work on the project without the written permission of the engineer. Any personnel who are evacuated from the project should be replaced by competent replacement personnel approved by the Engineer as soon as possible.
17. Project positioning
The Contractor shall be responsible for accurately and correctly positioning the Project in accordance with the original reference points, lines and elevations as specified by the Engineer in writing, and shall be responsible for the correct location elevation, size and alignment of all parts of the Project and shall be responsible for providing all relevant matters. Required instrumentation and labor. If, at any time during the progress of the Project, any part of the Project appears or has experienced any errors in the location elevation, dimensions or alignment, the Contractor shall, at the request of the Engineer or Engineer’s representative, correct the error at his own expense and enable the Engineer to Or the representative of the engineer is satisfied, unless the error is caused by incorrect information provided by the representative of the engineer or engineer in writing, in which case the cost of correcting the error should be borne by the employer. The inspection of any positioning or any line or elevation by the representative of the engineer or engineer shall in no way relieve the contractor of the responsibility for the accuracy of the positioning. Therefore, the contractor shall carefully protect and maintain everything used in the positioning of the project. Level base points, gantry plates, stakes and other items.
18. Drilling and exploration excavation
If at any time during the course of the work, the engineer asks the contractor to drill or conduct an exploration excavation, the request shall be made in writing and unless the construction work list contains a provisional amount for such anticipated work, Otherwise it shall be considered as an additional request ordered in accordance with the provisions of Article 51 of this Archive.
19. Guard and lighting
The Contractor shall, at the time and place where necessary, or upon the request of the Engineer or Engineer or upon the request of the Legal Authorities, provide and maintain all lighting, security, fences and guards for the Project to protect the Project or protect the public. Or the safety and convenience of other personnel.
20. Care of the project
From the beginning to the completion of the project, the contractor shall bear full responsibility for the care of the project and all temporary works, except for the exceptional risks specified for any reason, causing any damage or loss to the project or any part or any of the temporary works. Or injury, the contractor shall repair and make up the expenses at his own expense, so that the project is in good condition when completed, and in all respects meets the requirements of this contract and the instructions of the engineer. If any such damage, loss or injury is caused by any exceptional risk, the Contractor shall, at the request of the Engineer and comply with the provisions of Article 65 of this File, repair and make up, as stated above, the cost thereof. It is borne by the employer. The Contractor shall also be liable for any damages to the Works arising out of any work performed by him in order to perform his obligations under Article 49 of this Archive.
Exception risk
“Exceptional risks” include: war, war action, invasion, action by foreign enemies, controversy, revolution, riot or military coup or defamation, civil war or turmoil, turmoil or harassment, or the employer’s use or possession has issued a certificate of completion Any part of the Project, either entirely due to the engineer's cause of the design of the Project, or by any natural force that is not foreseeable or reasonably prevented by the Contractor's reasonable foresight and ability.
21. Engineering insurance, etc.
In the event that the contractor’s obligations and liabilities under Article 20 of this Archive are not restricted, he shall be responsible for any cause arising from any reason under the terms of this contract in the joint name of the Employer and the Contractor. Loss or damage is insured as follows, so that the scope of insurance for the employer and the contractor includes the period of construction of the project, including the loss or damage caused by the cause of the maintenance period before the start of the maintenance period and the contractor’s Any loss or damage caused by any work performed in accordance with the obligations of Article 49 of this file:
The full value of this type of work carried out at any time for this and temporary works.
The materials, construction equipment and other items transported by the contractor to the site shall be insured according to the full value of this material, construction equipment and other items.
Such insurance shall be insured against the insurer on conditions approved by the employer, and the contractor shall, upon request, present the insurance policy and a receipt for payment of the current insurance premium to the representative of the engineer or engineer. However, in the event that the above obligations and liabilities of the Contractor are not restricted, nothing under this Article shall obligate the Contractor to insure the repair or reconstruction of any materials used or work that does not comply with the requirements of this Contract.
22. Damage to people and property
The Contractor shall claim all damages and damages or damages caused to any person or property due to the construction and maintenance of the Project, and in respect of any claims, claims, suits, damages relating thereto. Compensation, fees and expenses are compensated to the employer. However, no provision here shall be deemed to render the contractor liable to compensate the employer for any compensation or damages for the following:
1 The land is permanently used or occupied by the Project or any part thereof or subjected to surface or other damage as described above;
2 the employer's right to construct the project or any part of it on or under any land;
3 that the construction of the project in accordance with this contract inevitably creates temporary or permanent impediments to any rights such as lighting, air routes or waterways or other easements or quasi- easements;
4 Any damages or damages to the person or property caused by any act or negligence of the employer, employer's agent or employee or other contractor during the period of this contract, or any claims, claims, suits, damages related thereto Fees, fees and expenses.
However, it must also be provided that, for the purposes of this Article, the term “on-site” shall be considered to be limited only to the extent specified in the specification or on the drawings in which the land and crops are inevitably obstructed or damaged as a result of carrying out the work.
23. Compensation by the employer
The Employer shall protect the Contractor from losses and provide compensation to the Contractor for all claims, claims, litigation, damages, fees and expenses relating to the matters referred to in the restrictive provisions of paragraph 1 of this Article.
Third party insurance
Before the commencement of this project, the Contractor shall prevent the occurrence of this or any temporary work or the execution of this contract, which may not be caused by the matters mentioned in the restrictive clauses of Article 22 of this Archive. Insure against any property or any damage, loss or injury to any person.
Minimum amount of third party insurance
This insurance shall be insured by the insurer in accordance with the conditions approved by the employer and at least in accordance with the amount stated in the tender. The contractor shall, upon request, present the insurance policy and a receipt for the payment of the insurance premium to the engineer or engineer.
24. Workers suffer from work accidents
Any damages or compensation payable in accordance with the law for any worker or other person employed by the contractor or any subcontractor, except as a result of any act or breach of contract by the employer, employer’s agent or employee The employer shall not be liable for any work-related accidents, and the contractor shall compensate the employer for all such damages and compensation and for all claims, claims, litigation, fees and expenses related thereto. .
Insurance for workers suffering from work accidents
The Contractor shall insure this liability to the insurer approved by the Employer and shall continue to do so during the period in which he employs any person to work in the Project. If required, the Engineer shall be presented to the Engineer or Engineer’s representative. A receipt for the payment of the current premium. However, for any person employed by any subcontractor, if the subcontractor has been liable for the compensation of the person in accordance with the insurance policy, the contractor shall perform the above insurance in accordance with this paragraph. The obligation shall be performed, but the contractor shall require the subcontractor to present the insurance policy and a receipt for payment of the current insurance premium to the representative of the engineer or engineer upon request.
25. Remedies for the contractor’s insured
In this case, if the contractor does not insure and keeps the various insurances referred to in articles 21, 23 and 24 of this file or any other insurance that is insured by him under the terms of this contract, The employer may insure and keep any such insurance items valid and pay the premiums necessary for this purpose and deduct the amount paid by the above employer from the amount due or payable to the contractor at any time. Or, as a debt due, reclaimed from the contractor.
26. Send notifications and payment
The Contractor shall be subject to any requirements of any national or state statute or other law or any local authority or other legal authority's rules or regulations and any property or right in accordance with the relevant national or state regulations or rules of the local government or any temporary works. All public bodies and company rules and regulations that may be affected by this project or any temporary works shall be issued with all notices payable and all fees payable.
Compliance with regulations, regulations, etc.
The Contractor shall comply in all respects with any of the above-mentioned regulations, statutes or laws applicable to the Project or any temporary works or the rules or regulations of any local authority or other legal authority, and shall comply with the rules and regulations of the above-mentioned public bodies and companies. Regulations and regulations, and compensation to employers for all fines and various liability for breach of any such laws, statutes and laws, rules or regulations. However, all payments for such fees that are certified by the Engineer to be properly due and paid by the Contractor shall be paid back to the Contractor by the Employer.
27. Fossil, etc.
All fossils, coins, valuable objects or artifacts and buildings discovered at the site of the project, and other relics or items of value in geology or archaeology shall be considered as the absolute property of the employer between the employer and the contractor. The Contractor shall take reasonable precautions to prevent his workers or any other person from moving or damaging any such items, and shall notify the Engineer’s representative of the findings and the Engineers immediately prior to the discovery of such items and prior to movement. The representative’s instructions deal with such items at the expense of the employer.
28. Patent and royalties
The Contractor shall infringe any patent, design, trademark or other right to claim and claim against any construction equipment, machinery, work or materials used in the Works or Temporary Works or any part thereof. And protect all employers from all damages and damages and compensation to employers in respect of any claims, claims, litigation, damages, fees and expenses. Unless otherwise specified, the Contractor shall pay all tonnage and other royalties, rents, and other payments or compensation for the stones, sand, gravel, earth or other materials required for the acquisition of the Project or the Temporary Works or any part thereof. .
29. Obstructing traffic and adjacent property
All operations necessary for the construction and any temporary construction shall be carried out to the extent permitted by the requirements of this contract, so as to avoid unnecessarily or unduly impeding the public's convenience or obstructing the access and use of public and private roads and The sidewalk or the property owned by the employer or any other person, the contractor shall be responsible for all claims, claims, litigation, damages, fees, etc. arising out of or relating to any such liability as the contractor is responsible for. And expenses to protect employers from damage and to compensate employers.
30. Temporary transportation
The Contractor shall take all reasonable measures to prevent any damage to the Contractor or any of its subcontractors from damaging or injuring any road or bridge that is on-site or on the way to the site, in particular selecting routes, selecting and using vehicles and limiting and The load is distributed to limit as much as possible the temporary transportation that is inevitably generated by transporting equipment and materials out of the field, and the roads and bridges are not subjected to unnecessary damage or injury.
Special load
If the contractor deems it necessary to carry a vehicle or vehicle construction machinery or prefabricated parts or work parts through a portion of a road or bridge, such movement is likely to damage the road or bridge unless special protection or reinforcement of the road or bridge is carried out. The contractor shall notify the engineer or engineer representative of the weight and other details to be carried and his advice to protect or reinforce the road or bridge before the vehicle or road is opened. If the engineer does not indicate to the contrary within 14 days of the notification that the protection or reinforcement is unnecessary, the contractor may implement the recommendation or the engineer's proposed modification, and unless The work necessary for protection or reinforcement has been included in the list of construction works proposed by the contractor for pricing, otherwise the costs or expenses shall be paid by the employer to the contractor.
Handling of temporary transportation claims
If during the course of the project or at any time thereafter, the contractor receives any claim for damage or injury to the road or bridge caused by the work, the report engineer, and then the employer The claim shall be negotiated and all payments shall be made in respect of this claim, and the contractor shall be compensated for all claims, claims, litigation, damages, costs and expenses in connection therewith. However, if the Engineer believes that any such claim or part of it is due to the Contractor’s failure to comply with and perform its obligations under paragraph (b) of this Article, the Engineer has certified that the Contractor has not complied with or fulfilled the above obligations. The amount of compensation should be paid by the contractor to the employer.
Waterway transportation
If the contractor is required to use waterway transportation due to the nature of the project, the above provisions of this Article shall be interpreted as: “Highway” includes sluice gates, docks, breakwaters or other buildings associated with waterways, while “vehicles” include vessels. And should have the corresponding effect.
31. Giving opportunities to other contractors
The Contractor shall, at the request of the Engineer, carry out any work not covered by this Contract or any other contractor employed by the Employer and his employer and any other legal authority on the spot or near the Site or Any worker signed by the employer in relation to or affiliated with the contract of the project shall provide all reasonable opportunities to carry out his work. However, if the contractor, at the written request of the representative of the engineer or engineer, provides any such other contractor or employer or any such authority with any road or road maintained by the contractor, or allows them to use the contractor on site. The scaffolding or other equipment, or providing them with other services of any nature, shall be paid by the Employer for such use or service to the Contractor at such amount as the Engineer considers reasonable.
32. Supply of equipment, materials and labor
Unless otherwise specified, the Contractor shall, at its own expense, supply and provide all construction equipment, temporary works, materials used for temporary and permanent works, labor, on-site and transportation within and around the Project, and for this Project. All other items required for construction, construction and maintenance. 33. Completion of the completion site
When the project is completed, the contractor shall remove or evacuate all construction equipment, surplus materials, garbage and various temporary works from the site, so that the entire site and project are clean and in good condition, so that the engineers are satisfied.
labor force
34. Employment of labor
The Contractor shall arrange for the employment of all local or foreign laborers, except as otherwise provided in this contract, and arrange for transportation, accommodation, meals and payment of wages.
Water supply
The Contractor shall, if reasonably practicable, provide sufficient drinking water and other water for the use of the contractor's staff and workers in accordance with local conditions, so that the representative of the Engineer is satisfied.
Alcohol or drug
The Contractor shall not import, sell, give away, physically trade or otherwise deal with any alcohol or drug in violation of current laws and regulations and government regulations or orders, or allow or tolerate the import, sale or donation of its subcontractors, agents or employees. , physical transactions or processing of such items.
Weapons and ammunition
The Contractor shall not exchange any weapons or any kind of ammunition or other treatment with any person, or allow or tolerate such exchange or treatment.
Festivals and religious practices
The contractor shall treat all workers employed by him with due respect for all recognized resting holidays and religious or other customs.
Epidemic
In the event of any epidemic, the contractor shall comply with and enforce the regulations, orders and requirements established by the government or local health authorities to address and combat the disease.
Hindering public security behavior, etc.
The Contractor shall take all reasonable precautions at all times to prevent any unlawful unrest or harassment of its employees in order to maintain law and order and protect the persons and property adjacent to the Project from the above-mentioned disturbances or acts.
Subcontractor compliance
The contractor shall be responsible for the compliance of its subcontractors with the above provisions.
Any other conditions relating to workers and wages shall be as required in Article 34, paragraph 2, of Part II.
35. Report about the situation of workers, etc.
If the contractor is required by the engineer: a detailed report shall be submitted to the representative of the engineer or his office in the format and interval specified by the engineer, indicating the number of managers and workers at all levels employed by the contractor at all times, as well as the engineer. The representative asked for information on construction equipment.
Materials and workmanship
36. Quality and testing of materials and workmanship
All materials and workmanship shall be in accordance with each of the types specified in the contract and in accordance with the instructions of the Engineer, and shall from time to time be accepted by the Engineer at the manufacturing or production location or on site or at any such location. The Contractor shall provide assistance, instrumentation, machinery, labor and materials normally required to inspect, measure and test the quality, weight or quantity of any work and any materials used, and shall place the materials in accordance with the selection and requirements of the Engineer. Prior to this project, samples of materials were provided for testing.
Sample cost
If the sample or construction project list clearly indicates or provides for the provision of samples, the provision of all samples shall be at the expense of the contractor, otherwise the employer shall bear the expenses.
Test cost
The cost of conducting any test, if it is expressly stated or specified in the specification or construction work list, and such test is detailed in the specification or construction work list, sufficient for the contractor to be priced in the tender. Or estimated, it should be borne by the contractor.
Unspecified cost of trials, etc.
If the engineer orders any test, it is one of the following:
1 does not mean or prescribe the test, or
2 tests not listed in detail, or
3 Although the meaning or regulation is carried out, the engineer orders that an independent person be tested at any place other than the site or the place where the test material is manufactured or produced.
If the test results indicate that the work or materials do not comply with the provisions of this contract or the instructions of the engineer, the cost of the test shall be borne by the contractor, otherwise the employer shall bear the burden.
37. Enter the scene
The engineer and any person authorized by him shall be able to enter the project and the site at any time, as well as enter into all workshops and places where work or supplies, finished goods or machinery are being carried out for the project, and the contractor shall enter or enter the place for them. The rights provide all convenience and assistance.
38. Inspection of the project before covering
Any work that is not approved by an engineer or an engineer's representative shall not be covered or placed out of sight, and the contractor shall provide sufficient opportunity for the engineer or engineer's representative to inspect and measure any work to be covered or placed out of sight and permanently The foundation of the project was checked before it was in place. The Contractor shall promptly notify the Engineer's representative when any such work or foundation is ready or forthcoming for inspection, and the Engineer's representative shall be inspected and measured unless it is deemed necessary and the Contractor is not required to do so.該工程或檢查該基礎的目的而出席，不得無理拖延。
移動覆蓋物和開啟
承包人應按工程師不時作出的指示，將本工程任何部分移去覆蓋物或從中開啟，並應使各該部分恢復原狀和修補好，使工程師滿意。如果任何各該部分是在依照本條第款的要求執行後予以覆蓋或置於視線之外的，並經認為是按照本契約進行的，則將其移去覆蓋物、從中開啟、恢復原狀和修補等各項費用均應由僱主負擔，但在任何其它情況下，所有上述各項費用均應由承包人負擔，並應由僱主向承包人索還或可由僱主從任何到期應付或將到期應付給承包人的款項中予以扣除。
３９．清除不適當的工作和材料
工程師在本工程進行過程中應有權隨時發出書面命令：
①在該命令規定的時間內從現場清除工程師認為不符合本契約要求的任何材料。
②代之以適當的和合適的材料，並
③拆除工程師認為其材料或做工不符合本契約要求的任何工程，並按要求重建。
承包人違約
如果承包人拖欠不執行上述命令，僱主有權僱用其他人員進行此項工作並付給工資，由此產生的或伴隨而來的一切費用開支均應由承包人負擔，並應由僱主向承包人索還或可由僱主從任何到期應付或將到期應付給承包人的款項中予以扣除。
４０．工程暫停
承包人應在接到工程師的書面命令時，按工程師認為必要的時間和方式，暫停進行本工程或其中的任何部分，並應在暫停時間，在工程師認為必要的情況下適當地保護本工程並保證其安全。承包人在根據本條規定執行工程師的指示方面所招致的額外費用，包括所有現場應支付的日常工資、薪資、設備的折舊和保養、現場的雜費和本契約的一般管理費，均應由僱主負擔和支付，除非這種暫停是：
①本契約另有規定者，或
②為適當進行本工程所必需者，或由於天氣條件影響本工程的安全和質量，或由於承包人方面的違約，或
③為本工程或其中任何部分的安全所必需者。
但是，除非承包人在接到工程師的命令後的２８天內將其索賠意向以書面通知工程師，否則承包人將無權索還任何此種額外費用。工程師應就其認為是公平合理的“索賠要求”，解決和決定應付給承包人的這種額外款項。
暫停持續超過９０天
如果根據工程師書面命令本工程或其中任何部分的進展暫停一段時期或連續幾段時間總計達９０天，或者如果工程師在先前已發出為期不到９０天的暫停命令以後，又在這一暫停期限屆滿時起不到９０天以內，再次發出不論是關於整個工程的或是影響或包括本工程的該一部分的暫停命令，則在上述任何情況下，承包人可以送交工程師一份書面通知，要求工程師在接到此通知後的２８天內許可繼續進行已暫停進行的本工程或其中的該一部分。如果未在上述時間內給予這種許可，承包人通過再送一份書面通知，可以選擇如下：如果此項暫停僅影響本程的一部分，則按根據本檔案第５１條的規定移除該部分對待；如果此項暫停涉及整個工程，則按僱主放棄本契約對待。
開工時間和遲延
４１．工程的開始
承包人在接到工程師有關開工的書面命令後，應在投標書指定的期限內，在現場開始本工程，並應以應有的速度進行，不得遲延，但如有工程師明文批準或命令者或完全屬於非承包人所能控製的原因者除外。
42.現場的佔用
除本契約可規定應讓承包人隨時佔有的現場各部分的範圍和各該部分應向承包人提供的順序以外，在遵照本契約關於本工程進行順序的任何要求的條件下，僱主將隨著工程師發出開始本工程的書面命令，讓承包人佔有為使承包人能按照檔案第１４條所提到的方案或者按照承包人應以書面通知向工程師提出的合理建議，開始和繼續本工程施工所需要的現場各部分，並將隨著工程的進展，隨時讓承包人佔有為使承包人能按照上述方案或建議以應有的速度進行本工程施工所進一步需要的現場各部分。如果由於僱方方面沒有按照本條規定讓承包人佔有現場各部分而使承包人招致遲延或費用開支，工程師應準許延長工程完成時間，並證明他認為是公平合理的對所招致開支的償付金額，該金額應由僱主支付。
道路通行權等
承包人應為取得他所需要的有關進入現場的特別或臨時的道路通行權負擔一切開支和費用。承包人還應自費提供他為本工程的目的所需要的在現場以外的任何附加設施。
４３．竣工的時間
在遵照說明書中有關本工程的任何部分應在整個工程竣工前完工的任何要求的條件下，本工程應在投標書所指定的時間內全部竣工，從投標中所指定的開工期限的最後一天起算，或根據本檔案第４４條允許的延長時間計算。
４４．竣工期限的延長
如果任何額外的或追加的工作量，或可能發生的不論何種其它特殊情況，使承包人有正當權利延長竣工時間，工程師應確定這種延長時日。但是，工程師並無義務要考慮任何額外的或追加的工作或其它特殊情況，除非承包人在這種工作開始後或這種情況出現後的２８天內，或其後盡快地向工程師的代表遞交有關他認為自己有權延長時間的任何權利主張的充分而詳細的材料，以便當時能對該權利主張作出調查。
４５．夜間或星期日不工作
在遵照本契約所載的相反規定的條件下，任何長久性工作，除下文規定者外，非經工程師的代表書面許可不得在夜間或星期日或當地公認的休息日進行，為拯救人命或財產或為本工程的安全而不可避免的或者是絕對必需的工作除外，在這種情況下，承包人應立即通知工程師的代表。但是，本條規定不適用於任何通常採用輪班製或兩班製進行的工作。
４６．進度
承包人根據檔案第五條所提供的全部資料、設備和工人，以及本工程進行和維護的方式、方法與速度，應是同一種類的，並應按使工程師滿意的方式進行。如果任何時候工程師認為本工程或其任何部分的進度太慢，不能保證本工程在規定的或延長的竣工時間內完成，工程師應將此以書面通知承包人，承包人在接到通知後應採取他認為必要的措施，而工程師則可同意加快進度，以便使本工程能在規定的或延長的竣工時間內完成。如果此項工作未在夜間進行，承包人應請求許可在夜間和白天一樣工作。如果得到工程師這種許可，承包人應無權因這樣而獲得任何額外支付，但是，如果這種請求遭到拒絕，而又沒有相當的、切實可行的加快工程進度的方法，則竣工的時間應延長僅由於這種拒絕所致的一段時間。進行夜間作業不得有不合理的噪音或幹擾。承包人應就由於在進行作業時所產生的噪音或其它幹擾而引起的損害賠償責任以及與此賠償責任有關的一切權利主張、要求、訴訟、各項費用和開支，給僱主以補償。
４７．對延期規定的違約償金
如果承包人未能在本檔案第四十三條規定的時間或延長的時間內完成本工程，承包人應向僱主支付投標中規定的金額，作為對這種違約規定的違約償金，而不作為對本工程竣工時期按本檔案第４３條規定的時間或延長的時間所超過的每一天或不足一天的罰款。僱主在不妨礙其它補償方法的情況下可以從他手頭到期應付或將到期應付給承包人的任何款項中扣除該項違約償金的金額，支付或扣除該違約償金均不能免除承包人完成本工程的義務，或免除其根據本契約所承擔的任何其它義務與責任。
employer:________
contractor:_______
Project and related files: _______
The above two parties reached the following contract terms through friendly negotiation:
The first part of the common condition
Definition and interpretation
definition
Article 1 The following words and terms in this contract, unless otherwise required by the text, shall have the meanings specified herein:
“Employer” means the party identified in Part II of the Contract Conditions that has tendered for the construction, installation or delivery of the Works and will employ the Contractor and the legal continuator in the name of the Employer, excluding any assignee of the Employer.
“Contractor” means a person or persons, firm or company whose bid has been accepted by the employer and includes the private representative, successor and licensed assignee of the contractor.
“Engineer” means an engineer designated in Part 2, or an engineer appointed by the Employer at any time and in writing to notify the Contractor to act in the capacity of an engineer to replace the designated Engineer for the purposes of this Contract.
“Representative of an Engineer” means an assistant to a construction engineer or engineer, or any engineering construction manager who is dispatched by an employer or engineer to perform the duties specified in Article 2 of this Archive at any time. The authority shall be notified to the Contractor in writing by the Engineer.
“Engineering” means the work to be carried out in accordance with this contract.
“Contract” means contract conditions, specifications, drawings, list of construction works, price and price lists, tenders and contractual agreements.
“Contracted price” means the amount specified in the tender but which is increased or decreased according to the provisions set out below.
“Construction Facility” means all equipment, equipment, or the like, required for the conduct, construction, or maintenance of this or a temporary project, but does not include materials intended to constitute or are forming part of a permanent project or Everything else.
“Temporary Works” means all types of temporary works required for the conduct, construction or maintenance of this Project.
“Drawings” means the drawings referred to in the specification and any modifications made to the drawings by the Engineer in writing, as well as other drawings provided by the Engineer at any time or in writing.
“Site” means the land and other sites on which the Works are to be carried out, under or in the Works, and any other premises provided by the Employer for the purposes of this Agreement, together with other venues specifically designated as part of the Site in this Agreement. Land or place.
“Accepted” means approved in writing, including subsequent written confirmation of prior oral approval; and “approval” means written approval, including the above.
Singular and plural
In the context of the text, only words that indicate singular numbers also include plurals, and vice versa.
Subtitle or annotation next to the page
The page headings or comments in these general conditions shall not be considered as part of the terms of this contract, nor as a consideration in interpreting the terms of this contract or this contract.
Representative of the engineer
Responsibility and authority of the representative of the engineer
The responsibility of the second engineer's representative is to inspect and supervise the project, and to test and inspect the materials and work to be used in the project. He has no right to waive any liability or obligation of the Contractor under this Agreement, except as otherwise expressly provided in this document or elsewhere in this contract, he has no right to order any work that would cause delay or to instruct the Employer to make any additional Payment, and no changes can be made to this project.
Engineers may delegate any authority and authority granted to the Engineer to the Engineer's representative at any time in writing and shall submit a copy of all such powers and authorized written assignments to the Contractor. Any written instruction or approval given by the Engineer's representative to the Contractor within such entrustment shall be binding on the Contractor and the Employer as the Engineer's instructions or approvals. However, it must be conditional on:
1. The representative of the Engineer does not disapprove any work or materials and does not prejudice the Engineer's power not to endorse the work or materials and order them to be overturned, removed or demolished.
2. If the contractor is dissatisfied with any decision made by the representative of the engineer, he shall have the right to refer the matter to the engineer, who shall immediately confirm, restore or change the decision.
Transfer and subcontracting
1. transfer
Article 3 The Contractor shall not assign this Agreement or any component of this Agreement or any benefit or benefit thereof without the prior written consent of the Employer.
2. Subcontracting
Article 4 The contractor shall not subcontract the entire project. Except as otherwise provided in this contract, the contractor shall not subcontract any component of the project without the prior written consent of the engineer. If agreed, the contractor shall not be excused from any liability or obligation assumed by the contractor under this contract. The contractor The actions, defaults and omissions of any subcontractor or subcontractor’s agent, employee or worker are as full as the actions of the contractor or the contractor’s agent, employee or worker, breach of contract or negligence. . However, the provision of labour by piece-by-piece means should not be considered a subcontract as described in this article.
Scope of the contract
Article 5 This contract includes the construction, construction and maintenance of this project. Except as otherwise provided in this contract, it also includes the provision of construction, completion and maintenance of the project as specified by this contract or reasonably inferred from this contract. All labor, materials, construction equipment, temporary works and everything, whether temporary or permanent.
Contract file
6. Language
The language used to develop this contractual file shall be stated in the second part. If the contract file is written in more than one language, the language in which the contract is based shall be specified in the second part, ie The "main language."
Archives explain each other
Except as otherwise provided in this contract, the provisions of the Common Conditions and the Special Conditions shall be the dominant provisions of any of the other provisions of the other files that form part of this contract. Under the above conditions, certain files constituting this contract shall be deemed to explain each other. If the meaning is unclear or inconsistent, the engineer shall explain and mediate it, and the engineer shall give instructions to the contractor for this purpose. Guide how the work should be done. However, if the Engineer believes that any costs incurred by the Contractor in accordance with any such instructions are not clear or inconsistent in the sense of the Archives and are not and are not justified by the Contractor, the Engineer shall Proof that the employer should pay this additional amount at an amount that would reasonably be affordable.
7. Custody of drawings
The drawings shall be kept by the engineer separately, but two copies of the drawings shall be provided free of charge to the contractor. If the contractor needs more copies, it shall be provided and produced by the contractor at his own expense. Upon completion of this contract, the Contractor shall return all drawings provided under this Contract to the Engineer.
The Contractor shall give appropriate representation to the Engineer or Engineer's representative of any drawings or instructions required to perform any work or other matter required under this Agreement.
A copy of the drawings should be stored on site.
One of the above-mentioned copies of the drawings provided to the Contractor shall be kept by the Contractor on site and shall be inspected and used by the Engineer, the representative of the Engineer and any other person authorized in writing by the Engineer at all appropriate times.
8. Further drawings and instructions
The Engineer shall have full authority to provide the Contractor with drawings and instructions that must be further provided for the proper and proper conduct and maintenance of the Project during the course of the Project, and the Contractor shall execute and be bound by it.
General obligation
9. Contractual agreement
When the contractor is invited to make a contract, the contractual agreement shall be signed in the form listed in the subsidiary file and subject to necessary modifications.
10. Performance bond
If the tender states, the contractor undertakes to obtain a guarantee from an insurance company or bank when needed or to provide two suitable and well-guaranteed guarantors, together with the contractor, bears the responsibility to the employer jointly and severally, not exceeding If the amount of the bid amount is 10%, according to the conditions of the guarantee, the insurance company or the bank or the guarantor and the guaranty shall be approved by the employer to obtain such guarantee or provide such guarantor. And the cost of such a guarantee to be made shall be borne by the contractor, except as otherwise provided in this contract.
11. inspect on the spot
The tender shall be considered to be based on information on hydrological, climatic and natural conditions that the employer should provide in the file submitted to the contractor for the purpose of the tender. However, the contractor shall inspect and inspect the site and its surroundings, and shall clearly ascertain the shape and nature of the site before submitting the tender, the quantity and nature of the work and materials necessary for the cost of the project, and the means of transport to the site and his possible The required living equipment, in short, he should personally obtain all necessary information about risks, accidents and other circumstances that may affect his bid.
Sufficient conditions for bidding
Unfavorable natural conditions and artificial obstacles
12. The Contractor shall be deemed to have correctly ascertained that his bid for the Project and the rates and prices listed in the list of construction works and rates and price lists are correct and sufficient before bidding. This rate and price shall include, in addition to the provisions of this contract, all the obligations of the contractor under this contract and all necessary for the proper construction and maintenance of the project. However, if the contractor encounters natural conditions or artificial obstacles during the course of the project, and such conditions or obstacles are not reasonably foreseeable by an experienced contractor, the contractor shall immediately notify the engineer in writing representative. If the Engineer believes that such conditions or man-made obstacles are not reasonably foreseeable by an experienced contractor, the Engineer shall prove that the Employer shall pay additional costs to the Contractor as a result of such conditions, including The following appropriate and reasonable costs arising from such conditions or obstacles:
1 to comply with any reasonable and reasonable costs incurred by the Engineer in performing any instructions to the Contractor in connection with such circumstances, and
2 The appropriate and reasonable expenses incurred by the Contractor in any unreasonable and reasonable measures approved by the Engineer without the specific instructions of the Engineer.
13. Work must satisfy the engineer
In addition to being legally impossible or practically impossible, the contractor must strictly follow the requirements of this contract, build and maintain the project to satisfy the engineer, and perform and strictly follow the engineer's matters concerning or related to the project. Instructions and guidance. The contractor only receives instructions and instructions from the representative of the engineer or engineer.
14. Solution to be provided
After the contractor’s bid has been accepted, the contractor shall, as required, submit to the engineer a plan indicating the sequence and method of the steps he has recommended for the project, and the engineer shall approve it and, if requested by the representative of the engineer or engineer They shall be provided with written details of the contractor’s arrangements for the construction of the project and the construction equipment and temporary works that the contractor intends to provide, use or construct. Submission of such a plan to a representative of an engineer or engineer and their approval or provision of such detailed information shall not relieve the contractor of any obligation or liability under this contract.
15. Contractor’s supervisory authority
The Contractor shall carry out the Project in progress and shall give or provide all necessary supervision during the period necessary for the Engineer to perform the obligations of the Contractor in accordance with this Contract. The contractor or a designated representative or representative who is legally approved by the engineer shall be resident in the project and shall dedicate his entire time to the supervision of the project. If the Engineer reinstates this approval, the Contractor shall evacuate the Processor as soon as possible after receiving written notice of reinstatement of the approval, and shall not hire him for any work on the Site in the future and shall be otherwise authorized by the Engineer. People come to replace him. Such designated representative or representative shall receive guidance and instructions from the contractor on behalf of the engineer or engineer.
16. Contractor’s employee
The contractor shall provide and maintain the work and maintenance of the project:
Only technical experts with skills and experience in each of the industries, and assistant agents, foremen and foremen who can properly supervise the work required to supervise them, and the correct and timely implementation and maintenance of the project. Required skilled, semi-skilled and unskilled workers.
Any person employed by the Contractor for the purpose of or in connection with the conduct or maintenance of the Project shall have the right to object to and request the Contractor if the Engineer considers that the Conduct is improper or incompetent or negligent, or if the Engineer otherwise considers that the employment of the Person is undesirable. The person is immediately removed from the project and the person may not be hired to work on the project without the written permission of the engineer. Any personnel who are evacuated from the project should be replaced by competent replacement personnel approved by the Engineer as soon as possible.
17. Project positioning
The Contractor shall be responsible for accurately and correctly positioning the Project in accordance with the original reference points, lines and elevations as specified by the Engineer in writing, and shall be responsible for the correct location elevation, size and alignment of all parts of the Project and shall be responsible for providing all relevant matters. Required instrumentation and labor. If, at any time during the progress of the Project, any part of the Project appears or has experienced any errors in the location elevation, dimensions or alignment, the Contractor shall, at the request of the Engineer or Engineer’s representative, correct the error at his own expense and enable the Engineer to Or the representative of the engineer is satisfied, unless the error is caused by incorrect information provided by the representative of the engineer or engineer in writing, in which case the cost of correcting the error should be borne by the employer. The inspection of any positioning or any line or elevation by the representative of the engineer or engineer shall in no way relieve the contractor of the responsibility for the accuracy of the positioning. Therefore, the contractor shall carefully protect and maintain everything used in the positioning of the project. Level base points, gantry plates, stakes and other items.
18. Drilling and exploration excavation
If at any time during the course of the work, the engineer asks the contractor to drill or conduct an exploration excavation, the request shall be made in writing and unless the construction work list contains a provisional amount for such anticipated work, Otherwise it shall be considered as an additional request ordered in accordance with the provisions of Article 51 of this Archive.
19. Guard and lighting
The Contractor shall, at the time and place where necessary, or upon the request of the Engineer or Engineer or upon the request of the Legal Authorities, provide and maintain all lighting, security, fences and guards for the Project to protect the Project or protect the public. Or the safety and convenience of other personnel.
20. Care of the project
From the beginning to the completion of the project, the contractor shall bear full responsibility for the care of the project and all temporary works, except for the exceptional risks specified for any reason, causing any damage or loss to the project or any part or any of the temporary works. Or injury, the contractor shall repair and make up the expenses at his own expense, so that the project is in good condition when completed, and in all respects meets the requirements of this contract and the instructions of the engineer. If any such damage, loss or injury is caused by any exceptional risk, the Contractor shall, at the request of the Engineer and comply with the provisions of Article 65 of this File, repair and make up, as stated above, the cost thereof. It is borne by the employer. The Contractor shall also be liable for any damages to the Works arising out of any work performed by him in order to perform his obligations under Article 49 of this Archive.
Exception risk
“Exceptional risks” include: war, war action, invasion, action by foreign enemies, controversy, revolution, riot or military coup or defamation, civil war or turmoil, turmoil or harassment, or the employer’s use or possession has issued a certificate of completion Any part of the Project, either entirely due to the engineer's cause of the design of the Project, or by any natural force that is not foreseeable or reasonably prevented by the Contractor's reasonable foresight and ability.
21. Engineering insurance, etc.
In the event that the contractor’s obligations and liabilities under Article 20 of this Archive are not restricted, he shall be responsible for any cause arising from any reason under the terms of this contract in the joint name of the Employer and the Contractor. Loss or damage is insured as follows, so that the scope of insurance for the employer and the contractor includes the period of construction of the project, including the loss or damage caused by the cause of the maintenance period before the start of the maintenance period and the contractor’s Any loss or damage caused by any work performed in accordance with the obligations of Article 49 of this file:
The full value of this type of work carried out at any time for this and temporary works.
The materials, construction equipment and other items transported by the contractor to the site shall be insured according to the full value of this material, construction equipment and other items.
Such insurance shall be insured against the insurer on conditions approved by the employer, and the contractor shall, upon request, present the insurance policy and a receipt for payment of the current insurance premium to the representative of the engineer or engineer. However, in the event that the above obligations and liabilities of the Contractor are not restricted, nothing under this Article shall obligate the Contractor to insure the repair or reconstruction of any materials used or work that does not comply with the requirements of this Contract.
22. Damage to people and property
The Contractor shall claim all damages and damages or damages caused to any person or property due to the construction and maintenance of the Project, and in respect of any claims, claims, suits, damages relating thereto. Compensation, fees and expenses are compensated to the employer. However, no provision here shall be deemed to render the contractor liable to compensate the employer for any compensation or damages for the following:
1 The land is permanently used or occupied by the Project or any part thereof or subjected to surface or other damage as described above;
2 the employer's right to construct the project or any part of it on or under any land;
3 that the construction of the project in accordance with this contract inevitably creates temporary or permanent impediments to any rights such as lighting, air routes or waterways or other easements or quasi- easements;
4 Any damages or damages to the person or property caused by any act or negligence of the employer, employer's agent or employee or other contractor during the period of this contract, or any claims, claims, suits, damages related thereto Fees, fees and expenses.
However, it must also be provided that, for the purposes of this Article, the term “on-site” shall be considered to be limited only to the extent specified in the specification or on the drawings in which the land and crops are inevitably obstructed or damaged as a result of carrying out the work.
23. Compensation by the employer
The Employer shall protect the Contractor from losses and provide compensation to the Contractor for all claims, claims, litigation, damages, fees and expenses relating to the matters referred to in the restrictive provisions of paragraph 1 of this Article.
Third party insurance
Before the commencement of this project, the Contractor shall prevent the occurrence of this or any temporary work or the execution of this contract, which may not be caused by the matters mentioned in the restrictive clauses of Article 22 of this Archive. Insure against any property or any damage, loss or injury to any person.
Minimum amount of third party insurance
This insurance shall be insured by the insurer in accordance with the conditions approved by the employer and at least in accordance with the amount stated in the tender. The contractor shall, upon request, present the insurance policy and a receipt for the payment of the insurance premium to the engineer or engineer.
24. Workers suffer from work accidents
Any damages or compensation payable in accordance with the law for any worker or other person employed by the contractor or any subcontractor, except as a result of any act or breach of contract by the employer, employer’s agent or employee The employer shall not be liable for any work-related accidents, and the contractor shall compensate the employer for all such damages and compensation and for all claims, claims, litigation, fees and expenses related thereto. .
Insurance for workers suffering from work accidents
The Contractor shall insure this liability to the insurer approved by the Employer and shall continue to do so during the period in which he employs any person to work in the Project. If required, the Engineer shall be presented to the Engineer or Engineer’s representative. A receipt for the payment of the current premium. However, for any person employed by any subcontractor, if the subcontractor has been liable for the compensation of the person in accordance with the insurance policy, the contractor shall perform the above insurance in accordance with this paragraph. The obligation shall be performed, but the contractor shall require the subcontractor to present the insurance policy and a receipt for payment of the current insurance premium to the representative of the engineer or engineer upon request.
25. Remedies for the contractor’s insured
In this case, if the contractor does not insure and keeps the various insurances referred to in articles 21, 23 and 24 of this file or any other insurance that is insured by him under the terms of this contract, The employer may insure and keep any such insurance items valid and pay the premiums necessary for this purpose and deduct the amount paid by the above employer from the amount due or payable to the contractor at any time. Or, as a debt due, reclaimed from the contractor.
26. Send notifications and payment
The Contractor shall be subject to any requirements of any national or state statute or other law or any local authority or other legal authority's rules or regulations and any property or right in accordance with the relevant national or state regulations or rules of the local government or any temporary works. All public bodies and company rules and regulations that may be affected by this project or any temporary works shall be issued with all notices payable and all fees payable.
Compliance with regulations, regulations, etc.
The Contractor shall comply in all respects with any of the above-mentioned regulations, statutes or laws applicable to the Project or any temporary works or the rules or regulations of any local authority or other legal authority, and shall comply with the rules and regulations of the above-mentioned public bodies and companies. Regulations and regulations, and compensation to employers for all fines and various liability for breach of any such laws, statutes and laws, rules or regulations. However, all payments for such fees that are certified by the Engineer to be properly due and paid by the Contractor shall be paid back to the Contractor by the Employer.
27. Fossil, etc.
All fossils, coins, valuable objects or artifacts and buildings discovered at the site of the project, and other relics or items of value in geology or archaeology shall be considered as the absolute property of the employer between the employer and the contractor. The Contractor shall take reasonable precautions to prevent his workers or any other person from moving or damaging any such items, and shall notify the Engineer’s representative of the findings and the Engineers immediately prior to the discovery of such items and prior to movement. The representative’s instructions deal with such items at the expense of the employer.
28. Patent and royalties
The Contractor shall infringe any patent, design, trademark or other right to claim and claim against any construction equipment, machinery, work or materials used in the Works or Temporary Works or any part thereof. And protect all employers from all damages and damages and compensation to employers in respect of any claims, claims, litigation, damages, fees and expenses. Unless otherwise specified, the Contractor shall pay all tonnage and other royalties, rents, and other payments or compensation for the stones, sand, gravel, earth or other materials required for the acquisition of the Project or the Temporary Works or any part thereof. .
29. Obstructing traffic and adjacent property
All operations necessary for the construction and any temporary construction shall be carried out to the extent permitted by the requirements of this contract, so as to avoid unnecessarily or unduly impeding the public's convenience or obstructing the access and use of public and private roads and The sidewalk or the property owned by the employer or any other person, the contractor shall be responsible for all claims, claims, litigation, damages, fees, etc. arising out of or relating to any such liability as the contractor is responsible for. And expenses to protect employers from damage and to compensate employers.
30. Temporary transportation
The Contractor shall take all reasonable measures to prevent any damage to the Contractor or any of its subcontractors from damaging or injuring any road or bridge that is on-site or on the way to the site, in particular selecting routes, selecting and using vehicles and limiting and The load is distributed to limit as much as possible the temporary transportation that is inevitably generated by transporting equipment and materials out of the field, and the roads and bridges are not subjected to unnecessary damage or injury.
Special load
If the contractor deems it necessary to carry a vehicle or vehicle construction machinery or prefabricated parts or work parts through a portion of a road or bridge, such movement is likely to damage the road or bridge unless special protection or reinforcement of the road or bridge is carried out. The contractor shall notify the engineer or engineer representative of the weight and other details to be carried and his advice to protect or reinforce the road or bridge before the vehicle or road is opened. If the engineer does not indicate to the contrary within 14 days of the notification that the protection or reinforcement is unnecessary, the contractor may implement the recommendation or the engineer's proposed modification, and unless The work necessary for protection or reinforcement has been included in the list of construction works proposed by the contractor for pricing, otherwise the costs or expenses shall be paid by the employer to the contractor.
Handling of temporary transportation claims
If during the course of the project or at any time thereafter, the contractor receives any claim for damage or injury to the road or bridge caused by the work, the report engineer, and then the employer The claim shall be negotiated and all payments shall be made in respect of this claim, and the contractor shall be compensated for all claims, claims, litigation, damages, costs and expenses in connection therewith. However, if the Engineer believes that any such claim or part of it is due to the Contractor’s failure to comply with and perform its obligations under paragraph (b) of this Article, the Engineer has certified that the Contractor has not complied with or fulfilled the above obligations. The amount of compensation should be paid by the contractor to the employer.
Waterway transportation
If the contractor is required to use waterway transportation due to the nature of the project, the above provisions of this Article shall be interpreted as: “Highway” includes sluice gates, docks, breakwaters or other buildings associated with waterways, while “vehicles” include vessels. And should have the corresponding effect.
31. Giving opportunities to other contractors
The Contractor shall, at the request of the Engineer, carry out any work not covered by this Contract or any other contractor employed by the Employer and his employer and any other legal authority on the spot or near the Site or Any worker signed by the employer in relation to or affiliated with the contract of the project shall provide all reasonable opportunities to carry out his work. However, if the contractor, at the written request of the representative of the engineer or engineer, provides any such other contractor or employer or any such authority with any road or road maintained by the contractor, or allows them to use the contractor on site. The scaffolding or other equipment, or providing them with other services of any nature, shall be paid by the Employer for such use or service to the Contractor at such amount as the Engineer considers reasonable.
32. Supply of equipment, materials and labor
Unless otherwise specified, the Contractor shall, at its own expense, supply and provide all construction equipment, temporary works, materials used for temporary and permanent works, labor, on-site and transportation within and around the Project, and for this Project. All other items required for construction, construction and maintenance. 33. Completion of the completion site
When the project is completed, the contractor shall remove or evacuate all construction equipment, surplus materials, garbage and various temporary works from the site, so that the entire site and project are clean and in good condition, so that the engineers are satisfied.
labor force
34. Employment of labor
The Contractor shall arrange for the employment of all local or foreign laborers, except as otherwise provided in this contract, and arrange for transportation, accommodation, meals and payment of wages.
Water supply
The Contractor shall, if reasonably practicable, provide sufficient drinking water and other water for the use of the contractor's staff and workers in accordance with local conditions, so that the representative of the Engineer is satisfied.
Alcohol or drug
The Contractor shall not import, sell, give away, physically trade or otherwise deal with any alcohol or drug in violation of current laws and regulations and government regulations or orders, or allow or tolerate the import, sale or donation of its subcontractors, agents or employees. , physical transactions or processing of such items.
Weapons and ammunition
The Contractor shall not exchange any weapons or any kind of ammunition or other treatment with any person, or allow or tolerate such exchange or treatment.
Festivals and religious practices
The contractor shall treat all workers employed by him with due respect for all recognized resting holidays and religious or other customs.
Epidemic
In the event of any epidemic, the contractor shall comply with and enforce the regulations, orders and requirements established by the government or local health authorities to address and combat the disease.
Hindering public security behavior, etc.
The Contractor shall take all reasonable precautions at all times to prevent any unlawful unrest or harassment of its employees in order to maintain law and order and protect the persons and property adjacent to the Project from the above-mentioned disturbances or acts.
Subcontractor compliance
The contractor shall be responsible for the compliance of its subcontractors with the above provisions.
Any other conditions relating to workers and wages shall be as required in Article 34, paragraph 2, of Part II.
35. Report about the situation of workers, etc.
If the contractor is required by the engineer: a detailed report shall be submitted to the representative of the engineer or his office in the format and interval specified by the engineer, indicating the number of managers and workers at all levels employed by the contractor at all times, as well as the engineer. The representative asked for information on construction equipment.
Materials and workmanship
36. Quality and testing of materials and workmanship
All materials and workmanship shall be in accordance with each of the types specified in the contract and in accordance with the instructions of the Engineer, and shall from time to time be accepted by the Engineer at the manufacturing or production location or on site or at any such location. The Contractor shall provide assistance, instrumentation, machinery, labor and materials normally required to inspect, measure and test the quality, weight or quantity of any work and any materials used, and shall place the materials in accordance with the selection and requirements of the Engineer. Prior to this project, samples of materials were provided for testing.
Sample cost
If the sample or construction project list clearly indicates or provides for the provision of samples, the provision of all samples shall be at the expense of the contractor, otherwise the employer shall bear the expenses.
Test cost
The cost of conducting any test, if it is expressly stated or specified in the specification or construction work list, and such test is detailed in the specification or construction work list, sufficient for the contractor to be priced in the tender. Or estimated, it should be borne by the contractor.
Unspecified cost of trials, etc.
If the engineer orders any test, it is one of the following:
1 does not mean or prescribe the test, or
2 tests not listed in detail, or
3 Although the meaning or regulation is carried out, the engineer orders that an independent person be tested at any place other than the site or the place where the test material is manufactured or produced.
If the test results indicate that the work or materials do not comply with the provisions of this contract or the instructions of the engineer, the cost of the test shall be borne by the contractor, otherwise the employer shall bear the burden.
37. Enter the scene
The engineer and any person authorized by him shall be able to enter the project and the site at any time, as well as enter into all workshops and places where work or supplies, finished goods or machinery are being carried out for the project, and the contractor shall enter or enter the place for them. The rights provide all convenience and assistance.
38. Inspection of the project before covering
Any work that is not approved by an engineer or an engineer's representative shall not be covered or placed out of sight, and the contractor shall provide sufficient opportunity for the engineer or engineer's representative to inspect and measure any work to be covered or placed out of sight and permanently The foundation of the project was checked before it was in place. The Contractor shall promptly notify the Engineer's representative when any such work or foundation is ready or forthcoming for inspection, and the Engineer's representative shall be inspected and measured unless it is deemed necessary and the Contractor is not required to do so.該工程或檢查該基礎的目的而出席，不得無理拖延。
移動覆蓋物和開啟
承包人應按工程師不時作出的指示，將本工程任何部分移去覆蓋物或從中開啟，並應使各該部分恢復原狀和修補好，使工程師滿意。如果任何各該部分是在依照本條第款的要求執行後予以覆蓋或置於視線之外的，並經認為是按照本契約進行的，則將其移去覆蓋物、從中開啟、恢復原狀和修補等各項費用均應由僱主負擔，但在任何其它情況下，所有上述各項費用均應由承包人負擔，並應由僱主向承包人索還或可由僱主從任何到期應付或將到期應付給承包人的款項中予以扣除。
３９．清除不適當的工作和材料
工程師在本工程進行過程中應有權隨時發出書面命令：
①在該命令規定的時間內從現場清除工程師認為不符合本契約要求的任何材料。
②代之以適當的和合適的材料，並
③拆除工程師認為其材料或做工不符合本契約要求的任何工程，並按要求重建。
承包人違約
如果承包人拖欠不執行上述命令，僱主有權僱用其他人員進行此項工作並付給工資，由此產生的或伴隨而來的一切費用開支均應由承包人負擔，並應由僱主向承包人索還或可由僱主從任何到期應付或將到期應付給承包人的款項中予以扣除。
４０．工程暫停
承包人應在接到工程師的書面命令時，按工程師認為必要的時間和方式，暫停進行本工程或其中的任何部分，並應在暫停時間，在工程師認為必要的情況下適當地保護本工程並保證其安全。承包人在根據本條規定執行工程師的指示方面所招致的額外費用，包括所有現場應支付的日常工資、薪資、設備的折舊和保養、現場的雜費和本契約的一般管理費，均應由僱主負擔和支付，除非這種暫停是：
①本契約另有規定者，或
②為適當進行本工程所必需者，或由於天氣條件影響本工程的安全和質量，或由於承包人方面的違約，或
③為本工程或其中任何部分的安全所必需者。
但是，除非承包人在接到工程師的命令後的２８天內將其索賠意向以書面通知工程師，否則承包人將無權索還任何此種額外費用。工程師應就其認為是公平合理的“索賠要求”，解決和決定應付給承包人的這種額外款項。
暫停持續超過９０天
如果根據工程師書面命令本工程或其中任何部分的進展暫停一段時期或連續幾段時間總計達９０天，或者如果工程師在先前已發出為期不到９０天的暫停命令以後，又在這一暫停期限屆滿時起不到９０天以內，再次發出不論是關於整個工程的或是影響或包括本工程的該一部分的暫停命令，則在上述任何情況下，承包人可以送交工程師一份書面通知，要求工程師在接到此通知後的２８天內許可繼續進行已暫停進行的本工程或其中的該一部分。如果未在上述時間內給予這種許可，承包人通過再送一份書面通知，可以選擇如下：如果此項暫停僅影響本程的一部分，則按根據本檔案第５１條的規定移除該部分對待；如果此項暫停涉及整個工程，則按僱主放棄本契約對待。
開工時間和遲延
４１．工程的開始
承包人在接到工程師有關開工的書面命令後，應在投標書指定的期限內，在現場開始本工程，並應以應有的速度進行，不得遲延，但如有工程師明文批準或命令者或完全屬於非承包人所能控製的原因者除外。
42.現場的佔用
除本契約可規定應讓承包人隨時佔有的現場各部分的範圍和各該部分應向承包人提供的順序以外，在遵照本契約關於本工程進行順序的任何要求的條件下，僱主將隨著工程師發出開始本工程的書面命令，讓承包人佔有為使承包人能按照檔案第１４條所提到的方案或者按照承包人應以書面通知向工程師提出的合理建議，開始和繼續本工程施工所需要的現場各部分，並將隨著工程的進展，隨時讓承包人佔有為使承包人能按照上述方案或建議以應有的速度進行本工程施工所進一步需要的現場各部分。如果由於僱方方面沒有按照本條規定讓承包人佔有現場各部分而使承包人招致遲延或費用開支，工程師應準許延長工程完成時間，並證明他認為是公平合理的對所招致開支的償付金額，該金額應由僱主支付。
道路通行權等
承包人應為取得他所需要的有關進入現場的特別或臨時的道路通行權負擔一切開支和費用。承包人還應自費提供他為本工程的目的所需要的在現場以外的任何附加設施。
４３．竣工的時間
在遵照說明書中有關本工程的任何部分應在整個工程竣工前完工的任何要求的條件下，本工程應在投標書所指定的時間內全部竣工，從投標中所指定的開工期限的最後一天起算，或根據本檔案第４４條允許的延長時間計算。
４４．竣工期限的延長
如果任何額外的或追加的工作量，或可能發生的不論何種其它特殊情況，使承包人有正當權利延長竣工時間，工程師應確定這種延長時日。但是，工程師並無義務要考慮任何額外的或追加的工作或其它特殊情況，除非承包人在這種工作開始後或這種情況出現後的２８天內，或其後盡快地向工程師的代表遞交有關他認為自己有權延長時間的任何權利主張的充分而詳細的材料，以便當時能對該權利主張作出調查。
４５．夜間或星期日不工作
在遵照本契約所載的相反規定的條件下，任何長久性工作，除下文規定者外，非經工程師的代表書面許可不得在夜間或星期日或當地公認的休息日進行，為拯救人命或財產或為本工程的安全而不可避免的或者是絕對必需的工作除外，在這種情況下，承包人應立即通知工程師的代表。但是，本條規定不適用於任何通常採用輪班製或兩班製進行的工作。
４６．進度
承包人根據檔案第五條所提供的全部資料、設備和工人，以及本工程進行和維護的方式、方法與速度，應是同一種類的，並應按使工程師滿意的方式進行。如果任何時候工程師認為本工程或其任何部分的進度太慢，不能保證本工程在規定的或延長的竣工時間內完成，工程師應將此以書面通知承包人，承包人在接到通知後應採取他認為必要的措施，而工程師則可同意加快進度，以便使本工程能在規定的或延長的竣工時間內完成。如果此項工作未在夜間進行，承包人應請求許可在夜間和白天一樣工作。如果得到工程師這種許可，承包人應無權因這樣而獲得任何額外支付，但是，如果這種請求遭到拒絕，而又沒有相當的、切實可行的加快工程進度的方法，則竣工的時間應延長僅由於這種拒絕所致的一段時間。進行夜間作業不得有不合理的噪音或幹擾。承包人應就由於在進行作業時所產生的噪音或其它幹擾而引起的損害賠償責任以及與此賠償責任有關的一切權利主張、要求、訴訟、各項費用和開支，給僱主以補償。
４７．對延期規定的違約償金
如果承包人未能在本檔案第四十三條規定的時間或延長的時間內完成本工程，承包人應向僱主支付投標中規定的金額，作為對這種違約規定的違約償金，而不作為對本工程竣工時期按本檔案第４３條規定的時間或延長的時間所超過的每一天或不足一天的罰款。僱主在不妨礙其它補償方法的情況下可以從他手頭到期應付或將到期應付給承包人的任何款項中扣除該項違約償金的金額，支付或扣除該違約償金均不能免除承包人完成本工程的義務，或免除其根據本契約所承擔的任何其它義務與責任。
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