Project construction bidding contract contract conditions (Part 3)
Certificate and payment
60.1 month report
The Contractor shall submit to the Supervising Engineer four forms of statements required by the Supervising Engineer at the end of each month, each of which shall be signed by the Supervising Engineer in accordance with the Contractor’s Representative as specified in Section 15.1, including the Contractor’s opinion that he/she is entitled to the end of the month. The following amounts related to each item:
The value of the permanent works that have been implemented;
Any other items in the engineering scale, including the contractor’s equipment, temporary works, calendar days and similar items;
The percentage of the invoice value of the equipment to be installed and the equipment to be installed for permanent works delivered by the contractor at the site, as indicated in the appendix to the tender;
Adjustment according to paragraph 70;
Any other amount that the contractor is entitled to under the contract.
If appropriate, the monthly report should include the following items and consider them in order:
As of the end of this month, the estimated contract value of the permanent project in RMB is implemented. The value shall be multiplied by the amount of the book price stated in the bill of quantities in accordance with the provisions of 56 to the amount of work measured by the supervising engineer.
The estimated contract value of the permanent project completed by the end of last month as described in the above method.
The estimate of the permanent engineering contract for this month, expressed in local currency, is the above reduction.
According to the percentage of foreign currency indicated in Table 1, the amount of change in fees expressed in local currency and foreign currency is calculated according to the provisions of paragraph 52.
The amount of daily work that has been completed and approved as of the end of the month, minus all amounts previously approved by the interim payment certificate, and the amount determined in the daily worksheet according to the bill of quantities, the amount of local currency and foreign exchange.
According to the provisions of Section 70, the amount of fees, if any, due to subsequent regulations, is expressed in local currency and foreign currency.
Any amount of permanent works in local currency and foreign currency for materials that have arrived at the site this month and for engineering equipment that is not yet in use for the project, as shown in Section 60.3.
The amount of the retention amount obtained by multiplying the sum of the amounts referred to in this paragraph by the percentage stated in paragraph 60.4, in accordance with paragraph 60.4.
The amount of increase or deduction resulting from the mobilization of advance payment provisions in this paragraph.
The contract stipulates that the contractor is entitled to any other amount expressed in one or more currencies.
Payable in 60.2 months
The Supervising Engineer confirms or modifies the statement within 28 days after receiving the above statement, and proves to the Owner the amount of payment he believes should be paid to the Contractor at the expiration date, but should:
First, the retention shall be multiplied by the percentage of the retention money indicated in the appendix to the tender, multiplied by the amount of the retention of the contractor in accordance with paragraph 60.1, and the amount of the right to be obtained until the amount of the retention money reaches the limit specified in the appendix to the tender. ;
Second, any amount due to the contractor other than the provisions of paragraph 47.
However, if the net amount after each retention and deduction is less than the minimum amount of the interim payment certificate specified in the appendix to the tender, the supervising engineer does not have to issue any payment certificate in accordance with this paragraph. Notwithstanding any provision of these Terms or the Deed, the Supervising Engineer will not issue a certificate for any payment until the Contractor submits the Performance Guarantee and is approved by the Owner.
60.3 Prepayment of materials for permanent works
The contractor can only enter into a material agreement with the qualified material supplier, and the signed agreement should be sent to the supervision engineer.
The contractor is entitled to these amounts as long as the supervising engineer is established to adapt to the materials and equipment used but not entered into the permanent works.
The material meets the specifications of the permanent project;
These materials have been delivered to the site and are well stored and have measures to prevent loss or damage or deterioration, which is satisfactory to the supervision engineer;
The contractor shall record the requirements, orders, receipts, materials and equipment in the manner approved by the supervision engineer and the records shall be inspected by the supervision engineer;
The Contractor shall submit the valuation value of the materials and equipment on site with the monthly statement, together with the relevant documents and material costs required by the supervision engineer to provide evidence of the ownership of the materials and engineering equipment and related payments;
The ownership of these materials shall be vested in the owner;
The amount to the contractor should not exceed 75% of the following:
The CIF price of imported materials, or the ex-factory or container price of locally manufactured materials, or the yard price of locally produced materials, such as sand, aggregates and gravel, shall be paid in the month in which the materials and engineering equipment arrive at the site. The deduction of materials and engineering equipment in the month of entry into the project; and such payments shall not be considered as approval of this material.
60.4 retention gold
According to the provisions of Article 6O.1, the 10% of the retention amount stated in the monthly interim payment certificate shall be deducted by the supervising engineer in the first or following certificates until the deduction amount reaches the list in the appendix of the tender. It is the amount of the percentage of the percentage of the contract price.
60.5 Payment of retained gold
At the time of issuance of the handover certificate for all projects, the supervision engineer will pay half of the retention money to the contractor; or when the handover certificate for a section or part of the permanent project is issued, the supervision engineer will determine the permanent project as determined by him. The section or part of the corresponding amount is issued and certified to the contractor.
After the expiration of the engineering warranty period, the other half of the retention money will be issued by the supervising engineer and paid to the contractor and stipulated that if different sections or parts of the permanent works have been adapted for different warranty periods in accordance with the provisions of the 48th teaching, "Warranty expires"
The term shall be deemed to mean the expiration of the last warranty period in this paragraph.
Further stipulate that, at this time, according to paragraphs 49 and 50, there are still any unfinished work that should be carried out by the contractor, and the supervising engineer will have the right to refuse to issue the certificate until the supervising engineer considers that the contractor has completed the remaining works. The balance portion of the retention money.
60.6 Mobilization advance payment
The Owner will provide the Contractor with an interest-free advance payment for the mobilization cost of the project, which is the percentage of the contract price listed in the Appendix to the Tender, and is listed in Table I - Local Currency and Foreign Currency Requirement Table. The ratio of foreign currency to local currency is paid.
If the contractor misuses the advance payment due to an error or planning, the owner has the right to withdraw it immediately.
60.7 Mobilization of payment of advance payment
The supervision engineer will issue a certificate to the owner within 14 days after the contractor undertakes the following work.
The following is called the mobilization advance payment certificate:
A contractual agreement has been signed; and a performance bond is provided in accordance with Section 10.1; and an unconditional bank guarantee equivalent to the amount and currency of the mobilization advance is issued in the form agreed by the owner and by the bank.
The bank guarantee shall remain in force until the mobilization of the advance payment is fully recovered in accordance with paragraph 60.8. However, the amount shall continue to decrease as the amount of recovery increases, as stated in the interim payment certificate issued in accordance with this article. The Owner will pay the mobilization advance payment within 28 days of receipt of the mobilization advance payment certificate.
60.8 Mobilization of advance payment deduction
The mobilization advance payment will be deducted from the owner's payment to the contractor, and will be deducted from the interim payment certificate starting from the fourth month after the official start of the project.
The deduction shall be in the form of a deduction of the same month until the recovery is completed 3 months before the completion date specified in the contract.
If the amount of any interim payment certificate is less than the deductions under this paragraph, the difference shall be treated as debt and transferred to the next interim payment certificate.
60.9 Correction of payment certificate
The Supervising Engineer has the right to correct or revise a previously issued certificate in any interim payment certificate. If any work performed is unsatisfactory, he has the right to delete or reduce the value of the work in any interim payment certificate.
6O.10 Completion Report
Within 84 days after the issuance of the transfer certificate for the entire project, the contractor shall submit a final report and an auxiliary file to the supervising engineer and specify in the format approved by the supervising engineer:
The final value of all completed work as specified in the contract as of the date specified in this transfer certificate;
Any amount that the contractor believes should be paid to him;
Any estimate that the contractor believes should be given to him under the contract.
The estimated value should be indicated in the final statement, respectively, and the supervising engineer will issue a certificate for the provisions of paragraph 60.2 of the silver.
60.11 Final report
According to the provisions of paragraph 62.1, within 56 days of issuing the warranty certificate, the contractor shall submit a draft final certificate and other auxiliary files for the reference of the supervision engineer in the form approved by the supervision engineer. The draft should specify:
The value of all works performed in accordance with the contract and any additional payments that the contractor believes to be payable to him under the contract.
If the supervising engineer does not agree or cannot confirm any part of the final draft. The contractor will provide further information that the supervising engineer may need and make mutually agreed changes to the draft. The contractor is abbreviated and submitted to the supervising engineer as the final report of the agreement.
60.12 settlement
When submitting the final report, the contractor shall give the owner a written statement to further confirm that the total amount in the final statement is equivalent to all the amounts due to the contract or related to the contract and that are finalized to be paid to the contractor, and A copy is submitted to the supervision engineer. However, the list is only valid after the payment of the payment due under the final certificate issued under No. 60.13 and the performance bond referred to in No. 10.1 are returned to the contractor.
60.13 final certificate
Within 21 days after receiving the final statement and the written list, the supervision engineer shall send a photocopy of the final payment certificate to the owner to the contractor for supervision;
The amount that the supervising engineer believes should ultimately be paid to the contractor according to the contract;
The owner shall also pay the contractor, or the balance that the contractor shall pay to the owner, after confirming all the amounts previously paid by the owner and the total amount that the owner of the contract is entitled to.
60.14 currency
The currency of the valuation shall be as specified in the appendix to the tender. For the convenience of payment, the conversion of the denominated currency and other currencies shall be carried out in accordance with the provisions of paragraph 72.
60.15 Payment to the contractor
The payment to the contractor by the industry shall be made in the currency and proportion indicated by the contractor in Table 1 - Local currency and foreign currency demand form, provided that the above currency and proportion shall be in accordance with paragraph 51 of the contractual terms at the request of either party. And the provisions of paragraph 52 are subject to change and adjustment.
60.16 payment time I
The amount payable to the contractor as specified in any interim certificate issued by the supervising engineer in accordance with this clause or any other provision of the contract, within 28 days of the delivery of the interim certificate to the owner, or in paragraph 60.13 Within 56 days after the final certificate is sent to the owner, the owner pays the contractor but is bound by section 47. If the landlord fails to pay within the stipulated time, the landlord shall pay the contractor the interest of all the unpaid amount from the date of payment at the interest rate specified in the appendix of the tender.
The provisions of this paragraph do not prejudice the contractor’s powers under section 69.
60.17 Place of payment I
The delivery by the Owner to the Contractor shall be paid in the currency specified in the Contract to the bank account designated by the Contractor.
6O.18 payment to the owner
All payments made by the Contractor to the Owner, including deductions or offsets, shall be made as follows:
In the case of any reimbursement previously incurred by the owner, the payment shall be made in the same proportion of the same currency, D. For the compensation for breach of contract under section 47, the payment shall be in Table 1 - Local currency and foreign currency requirements in Table 1 The listed currency and foreign currency ratio are carried out.
In other cases, the payment shall be made in the currency and amount agreed by both parties, or if the consensus is not reached, it shall be subject to the determination that the supervision engineer considers reasonable and fair.
The deduction of the mobilization advance payment shall also be carried out in accordance with the provisions of 60.3.
60.19 Termination of owner's responsibility
Unless the contractor is in its final statement, either insolvent or in agreement with the creditor, or with the creditor’s transfer as the beneficiary, or agreed to perform under the supervision of its creditor’s supervisory committee, the contract or if the property receiver, administrator, trustee or The liquidator is entrusted to accept any substantial part of his property, or if any law or regulation relating to the reorganization, arrangement or adjustment of the debt begins, the commencement of the proceedings against the contractor, or the decision regarding dissolution and liquidation, or if Take any measure to control the ownership of the securities of the main part of the contractor’s property, or in accordance with any applicable law, take the same effect as above or the occurrence of such an event is contrary to the contractor’s and property or to the provisions of paragraph 3.1 Or taxing its goods;
Or if the supervising engineer issues a certificate to the owner and copies the contractor, the supervising engineer believes that the contractor:
Has abandoned the contract, or has no justified reasons;
Failure to commence work in accordance with paragraph 41.1 or within 28 days of receipt of the notice required by paragraph 46.1, or any part of the work, or within 28 days of receipt of the notice required by paragraph 37.4 or the order specified in paragraph 39.1, Failure to comply with the implementation, or despite the written warning of the supervising engineer before this, has consistently or blatantly ignored the obligation to perform the contract or contrary to paragraph 4.1, the owner does not exempt the contract from the contractor 14 days after the notice to the contractor Under the premise of the person’s obligation and responsibility or not affecting the power of the contract to the supervising engineer or the owner, the station is stationed and the contractor is terminated, and the project is constructed by itself or by hiring others. The owner or other contractor may use all contractual contracts deemed appropriate. Man equipment, engineering equipment, temporary works and materials are completed and the owner may at any time sell any of the above contractor's equipment, temporary works and unused machinery and materials; and regard the proceeds as a transfer to the owner by the contractor.
63.2 Valuation of termination date
After the owner has entered and terminated the contractor, in the shortest possible time, the supervising engineer shall, either unilaterally or through consultation with the parties or after consultation, or during his investigation or investigation that he considers appropriate or After the inquiry, determine, decide and prove:
When entering the site and terminating the contract, the contractor has reasonably obtained or ought to receive any amount based on the work that the contract has actually completed.
The value of any materials, contractor's equipment and temporary works that have been used or not used.
63.3 Payment after termination
If the Owner terminates the employment of the Contractor in accordance with the provisions of this paragraph, the Supervising Engineer shall ascertain the construction, completion and maintenance defect costs, the compensation for the loss of completion and the other payments made under the name of the Owner and issue a certificate before the expiration of the warranty period. Previously, the landlord should not be responsible for paying the contractor any money required by the contract.
Thereafter, the contractor is entitled to the amount after the supervising engineer has proved that the contractor was due to be paid to him and deducted the above amount. If the amount exceeds the amount originally paid to the contractor at the time of completion, the contractor shall pay the excess to the owner as required. This amount shall be deemed to be the debt owed by the contractor to the owner and shall be repaid.
63.4 Transfer of the benefits of the agreement
Except as prohibited by law, if the supervising engineer directs within 14 days of the entry and termination referred to in paragraph 63.1, the contractor shall sign and provide for the performance of any goods or materials or services for the performance of the contract. The benefits of any agreement are transferred to the owner.
64.1 Emergency repair work
The Supervising Engineer considers that any repairs or other work is an engineering safety emergency, either during construction or during the warranty period, as occurs or occurs in any accident, malfunction or other event related to the project or any part thereof. If the contractor is incapable or unwilling to carry out the work immediately, the owner may hire other personnel to perform the work and pay the relevant fees if the supervision engineer deems it necessary. If the supervising engineer believes that the work or repair done by the owner should be carried out by the contractor at his own expense, the supervising engineer shall, after consultation with the owner and the contractor, determine the full cost incurred or incurred by the owner. Reclaimed from the contractor and deducted from the amount paid or payable by the owner to the contractor. The supervision engineer shall notify the contractor and copy the owner accordingly. In the event of any of the above emergencies, the Supervising Engineer shall notify the Contractor as soon as reasonably practicable.
Special resistance team 65.1 is not responsible for the specific wind gust
The Contractor shall not be liable for any of the following consequences arising from the 65.2 Special Risks:
Except for works that are declared to be unqualified before the occurrence of a special risk in accordance with paragraph 39, damage or damage to the project, or damage or damage to the property of the owner or third party, or personal injury or death.
65.2 Special risks
The special risk is paragraph 20.4 to the defined risk.
65.3 Damage to the project due to special risks
If, due to the above-mentioned special risks, the contractor, or any equipment or engineering equipment on the way to the site or on the way to the site, is damaged or damaged, the contractor has the right to request payment of any of the above. The contractor is entitled to the following amounts when it is determined that the damaged permanent or damaged permanent works and any materials and equipment are required and the work of the supervising engineer is required or the work is completed:
The cost of repairing a damaged or damaged project;
Replace or repair the cost of the above materials and the contractor's equipment.
The supervision engineer shall determine the increase in the contract price in accordance with the provisions of paragraph 52, and notify the contractor and copy the owner.
65.4 shells, missiles
Damage, damage or personal injury or death caused by the bombing or impact of mines, bombs, bullets, grenades or other shells, missiles, ammunition or explosives of war whenever and wherever they occur shall be considered as a consequence of the above-mentioned special risks.
65.5 Good use caused by special risks
Except for any other money that the Contractor is entitled to under any other terms of the contract, the Owner shall reimburse the Contractor for any costs incurred in the construction of the Contractor resulting from or resulting in or in any way related to the above-mentioned special risks, excluding the provisions of this document. The rebuilding costs for projects that have been declared unqualified before the occurrence of a particular risk are provided for in paragraph 39, subject to the provisions of this section regarding the outbreak of war. The Contractor shall notify the Supervising Engineer immediately upon receipt of any such fees. The supervision engineer shall, after consulting with the contractor and the owner, determine the amount of the above contractor's expenses and add the contract price, and notify the contractor and the copying owner accordingly.
65.6 War broke out
In the course of the execution of the contract, such as the outbreak of war anywhere in the world, whether declared or not, and whether it has economic or material impact on the construction of the project, the contractor shall continue to do so unless the contract has been terminated in accordance with this paragraph. The best effort is to complete the construction until the contract is terminated. At any time after the outbreak of the war, the owner has the right to notify the contractor to terminate the contract. Upon the issuance of this notice, the contract shall terminate except for this paragraph and the rights of the parties provided for in paragraph 67, without prejudice to any A party’s right to any breach of contract before this.
65.7 Withdrawal of contractor equipment at the end of the contract
If the contract is terminated in accordance with paragraph 65.5, the contractor shall evacuate all contractor equipment from the site as soon as possible and provide the same convenience for the evacuation of each subcontractor.
65.7 Payment after termination of contract
If the contract is terminated in accordance with the above conditions, the owner shall pay the costs of all the works completed by the contractor before the date of termination of the contract, including the amount and items not yet paid to the contractor, and pay separately. Description of the cost:
Payables for any preparatory items mentioned in the bill of quantities, as long as the work or services in those projects have been carried out or performed, and the cost of the part of any of the above projects whose work or services have been carried out or performed.
The cost of the materials, equipment and goods reasonably ordered for the project, if it has been delivered to the contractor or the contractor for legally responsible for the collection of the goods, and the owner, after paying the fee, the material, equipment and goods become Owner's property.
The total amount of any expenses incurred by the Contractor for the reasonable expenses of the entire project, but the above fees are not included in any other fees referred to in this paragraph.
Any additional fees payable in accordance with paragraphs 65.3 and 65.5.
In accordance with the provisions of 65.7, taking into account the costs of the work that has been or will be paid, the reasonable expenses of the contractor’s equipment evacuation and, if requested by the contractor, the equipment of the contractor is returned to the main equipment base or other destination in the country of registration The cost, but not much more than the cost.
All the staff and workers employed by the contractor who are engaged in construction and construction are reasonably repatriated at the time the contract is terminated.
In addition to paying any fees payable in accordance with this paragraph, the owner has the right to request the contractor to repay the unsettled balance of any advance payment of the equipment, materials and engineering equipment of the contractor and on the date of termination of the contract, the contractor shall stipulate that the contractor shall Reimbursement of any other amount of the owner. Any amount paid in accordance with this Article shall be decided by the Supervising Engineer after consultation with the Owner and the Contractor, and the Contractor shall be notified accordingly and copied to the Owner.
Dismissal
66.1 Payment at the time of cancellation
If, after the issuance of the bid winning notice, any situation beyond the control of the parties occurs, it is impossible for either of the parties to perform their respective contractual obligations or, according to the law governing the contract, the parties cancel the contract and cease to perform the contract. Where the contract has been terminated in accordance with paragraph 65, the amount of the contractor’s work to be built shall be paid by the owner in the same manner as the amount payable under paragraph 65.
67.1 Decision of the supervision engineer
If there is a dispute between the owner and the contractor, whether or not the dispute is related to or arising from the contract or construction, either during or after the completion of the project, whether before or after the waiver of the contract, termination of the contract, or In case of disputes over the opinions, instructions, decisions, certificates or valuations of the supervision engineer, the supervisor engineer shall be notified in writing and the other party shall be copied. The notice shall state that it was made in accordance with the provisions of this paragraph. The Supervising Engineer shall notify the Owner and the Contractor of his decision within 84 days of receipt of the notice, and the decision shall also indicate that it is made in accordance with this paragraph.
Unless the contract has been abandoned or terminated, the contractor shall carry out the construction work with full force in all circumstances. The contractor and the owner shall implement the decision of the supervising engineer in addition to the decision of the supervising engineer as stipulated in the following article through a friendly resolution or an arbitral award.
If either the owner or the contractor is dissatisfied with any decision of the supervising engineer, or the supervising engineer has not made a decision within 84 days of receiving the notice, the owner or contractor will be 70 days after receiving the decision or before or at the above On the 70th day after the expiration of 84 days or before this, according to the specific circumstances, notify the other party and copy the supervision engineer for their reference, and request the intention to start arbitration on the dispute according to the following regulations. This notice provides for the notification that the party giving the notice has the right to request that the relevant dispute be initiated. According to the provisions of 67.4, without this notice, arbitration cannot begin.
If the supervising engineer has notified the owner and the contractor of the dispute, and within 70 days after receiving the notice from the supervising engineer on the matter, neither the contractor nor the owner has issued a notice of intent to initiate the arbitration, then the supervisor The engineer's notice shall be the final decision that binds both the owner and the contractor.
67.2 friendly solution
After the notice of intent to commence arbitration is issued in accordance with paragraph 67.1, the arbitrator may begin unless the parties cannot resolve the dispute first. Unless otherwise agreed by the parties, regardless of whether the dispute is settled amicably, the arbitration shall begin after the 56th day after the issuance of the notice.
67.3 Arbitration
Regarding any disputes below:
If any decision made by the supervising engineer fails to become final and binding in accordance with the provisions of Section 67.1; and fails to reach an amicable settlement within the period specified in Section 67.2, it shall be submitted to arbitration for arbitration in Beijing or China. The location is based on the arbitration rules of the China International Economic and Trade Arbitration Commission or in Hong Kong.
The arbitrator mentioned above has full authority to disclose, review and revise any decisions, opinions, instructions, judgments, certificates or valuations made by the supervising engineer regarding the dispute.
Evidence or arguments of either party to the arbitrator shall not be limited to any matter relating to the dispute. Any decision made by the supervising engineer in accordance with the above provisions shall not be disqualified from being a witness in the presence of the arbitrator in respect of any of the above-mentioned issues relating to the dispute submitted to the arbitrator.
Arbitration can be conducted before the completion of the project or after completion. However, the obligations of the owner, the supervising engineer and the contractor shall not be changed during the construction of the project due to ongoing arbitration.
67.4 Failure to implement the decision of the supervision engineer
If, within the time limit specified in paragraph 67.1, the owner or the contractor has not issued a notice of intent to initiate the arbitration and the decision relating thereto has been final and binding, then if one party performs the above decision, the other party does not Subject to any of its rights, the breach may be submitted to arbitration in accordance with paragraph 67.3. The provisions of paragraphs 67.1 and 67.2 do not apply to any such submission.
Retirement 68.1 Notice to the Contractor
All certificates, notices or instructions issued by the owner or supervising engineer to the contractor in accordance with the terms of the contract shall be sent by post, telegram, telex or facsimile, or sent to the contractor’s principal business establishment, or designated by the contractor for this purpose. Other such addresses.
68.2 Notice to the Owner and Supervising Engineer
All notices sent to the owner or supervising engineer in accordance with the terms of the contract shall be sent by post, telegram, telex or fax or sent to the address specified in paragraph 1.6 of this contract.
68.3 Change of Address Any party to the contract may notify the other party within 14 days of the prior notice, change the designated address to another address in the country where the project is constructed, and notify the supervising engineer. The supervising engineer may also notify the contracting parties to change the address in this way.
Owner's default 69.1 owner's default
If the owner has the following:
Within 28 days after the expiration of the payment period specified in No. 60.16, any certificate of the Supervising Engineer shall not be paid to the Contractor for the amount due; or interfere, obstruct or refuse the end of any such certificate. Approved; or declared bankrupt, or as a company declared to be closed for business, except for the liquidation of the whole or merger plan; or notify the contractor that due to unforeseen reasons, due to economic confusion, it is impossible for him to continue to perform Its contractual obligations.
The contractor has the right to notify the owner to terminate his employment obligations under the contract and send a copy to the supervision engineer. The termination of the contract shall take effect 14 days after the date of issuance of the notice.
69.2 Evacuation of contractor equipment
Upon the termination of the 14-day period specified in Section 69.1, the Contractor will not be bound by the provisions of Section 54.1 of this document and evacuate all equipment brought to the Site from the Site as soon as possible.
69.3 Payment at the time of contract termination
In the case of the termination of the contract, the owner’s obligations in respect of the payment to the contractor are the same as those for the termination of the provisions of paragraph 65 of the contract, except for the payments specified in paragraph 65.8. The amount due to the contractor’s loss or damage caused by or in connection with the termination of the termination shall be paid.
69.4 Contractor's power to suspend work
Does not prejudice the contractor’s power to interest on 60.16 and the power to terminate the contract in accordance with paragraph 69.1. If the owner fails to pay the amount due to the contractor within 28 days of the expiration of 60.16 under the certificate of the supervising engineer The contractor may suspend work or reduce the construction speed within 28 days after notifying the owner and the supervision engineer.
If the contractor suspends work to reduce the construction speed, affects the construction period or pays the expenses according to this article, the supervision engineer shall, after consultation with the owner and the contractor, decide:
According to the provisions of Article 44 of the contract, the contractor is entitled to the extension, and the contract price to be increased, and the contractor shall be notified accordingly to copy the owner.
69.3 Resume
If, after notification under No. 69.4, the contractor suspends work or reduces the construction speed, the employee immediately pays the amount due including the interest specified in No. 65.8. If the termination notice has not been issued, the contractor The rights of Section 69.1 are no longer valid. The contractor should resume normal work as soon as possible.
Cost and regulatory changes 70.1 Chargeback principle
When the contract price is adjusted due to labor, materials and other factors that affect the cost of the project, such adjustments shall be made in two parts: foreign currency and local currency.
The price adjustment will be adjusted according to the formula and price in the following clauses, respectively, for the monthly payment statements specified in 60.1 and 60.2 and the final payment statements specified in 60.11:
The price adjustment factor for the foreign currency portion shall be derived from the price adjustment formula provided in paragraph 70.2, and the amount of the contractor shall be determined accordingly.
The price adjustment of the local currency component shall be carried out by the files and principles issued by the relevant local authorities provided in Section 70.3 and shall determine the amount of the contractor to be paid accordingly.
If the terms or other terms of the contract do not include compensation for the amount paid to the contractor for the cost increase or decrease, the unit price and fee in the contract shall be deemed to have included an unforeseen expense payable for such cost.
The adjustable amount of the foreign currency and local currency portion of the monthly payment statement should be the difference between:
According to the provisions of Section 60.1, the supervising engineer considers that the amount of the contractor’s amount should be paid, including the amount of work completed at the basic price and the daily work, but deducting the materials already entered;
Subtract the amount calculated based on the above in the interim payment certificate issued by the supervising engineer last time.
The adjustable amount should exclude payments made to designated subcontractors and other payments based on actual cost or current grading.
The amount adjusted in the foreign currency or local currency portion of the monthly payment certificate shall be obtained by multiplying the price adjustment factor by the adjustable amount or by adjusting the price adjustment, and according to the provisions of paragraph 60, these adjusted amounts will be paid to The contractor, but the owner can deduct from the contractor’s retention money, liquidated damages, mobilization advances and other amounts due to the owner.
If the contractor fails to complete the project within the time limit specified in paragraph 43, then the price adjustment within the period from the completion of the completion period to the completion of the work may be either the price or index of the original scheduled completion date, or the price adjustment. For the current index or price, the owner can choose the advantage. However, if a certain extension is in accordance with the provisions of paragraph 44 above, this rule applies only to adjustments made after the expiration of the extension.
70.2 Price adjustment of foreign currency portion
If there is any change in the following index issued by the statutory organization of the country of origin, the adjustment of the contract price due to the fluctuation of labor costs, material costs and other expenses affecting the construction shall be calculated in accordance with the provisions of this paragraph, and in accordance with paragraph 60.1 The monthly statements made are reflected in the completion report made in accordance with paragraph 60.10 and in the final report made in paragraph 60.11;
Labor cost index of the country of origin of labor;
Material cost index;
a cost index that affects other construction costs;
For the purposes of this paragraph:
“Basic Index” means the applicable index on the day 28 days before the deadline for submission of proposals;
“Current Index” means the applicable index for the last day of the phase associated with a particular statement.
However, for any work whose value is included in any such monthly statement, if it is carried out after the date on which all the works specified in Article 43 are due to be completed, then the “current index”
That is, the index applicable to the date on which all the above works should be completed.
“effective value” means the difference between the following two items;
The amount of the contractor’s due amount minus any amount for the following items, as provided for in paragraphs 60.2, 60.1 or 60.11:
- the work performed by the designated subcontractor;
- materials and engineering equipment on site as referred to in paragraph 6O.1;
- counting daily work, changes or any other items based on actual or current prices, and bonuses;
- Various adjustments made in accordance with Section 7O.
The amount calculated in accordance with this paragraph and included in the previous statement.
The adjustment of the contract price should be calculated by multiplying the effective value by a price adjustment factor. This factor shall be the product of each ratio given in this paragraph and the following score. The score is:
Current Index - Basic Index —————————— The basic index is calculated using the relevant index.
To calculate the price adjustment factor, the ratios mentioned in this paragraph
Should be:
For the labor costs to be adjusted, refer to the index mentioned in this paragraph;
Refer to the index mentioned in this paragraph for the cost of materials to be adjusted;
For other expenses to be adjusted, refer to the index mentioned in this teaching;
All other related fees that do not require adjustment;
The ratios totaled 1.0O. If the value of an index is not known at the time of the calculation, the most recent value that can be obtained is used, and the necessary adjustments are made in the subsequent monthly statements.
70.3 Price adjustment of local currency part
The adjustment of the local currency portion of the contract price shall be adjusted in accordance with the fluctuations in the local material costs specified in this paragraph.
The specified materials are for this paragraph:
“Designated Materials” means the local materials required for the on-site construction specified in the Schedule of Materials and for the completion of the Works.
“Basic price” means the current price of the designated materials that are available on the day of the 28th day prior to the deadline for submission of the tender.
The current price is the current price of the designated material that passes on any date after 28 days before the deadline for submission of the tender.
The adjustment of the contract price made in accordance with the provisions of this paragraph shall be calculated by multiplying the difference between the base price and the current price by the quantity of the specified material delivered to the site during the period of validity of the specified current price. The above adjustment may be for the contract price. The increase may be a reduction in the price of the contract.
The contractor shall perform his diligent duties to ensure that the specified materials are not wasted.任何運出現場的指定材料都應在本款段要求的記錄中予以清楚地登記。
本款各項規定適用於為施工目的在現因使用的承包人設備所用的燃料，上述設備包括承包人擁有的用於運送職員、工人、承包人設備、臨時工程、工程設備或材料進出工地的車輛。上述燃料應在本款段要求的記錄中清楚地登記。本款的規定不適用於任何賣給或供給承包人的僱員或其他任何與本契約無關的個人用車所需的燃料。
承包人應自始至終註意適合的市場。購買材料時每當材料的布用變動可能引起本款規定的契約價格的調整時，承包人應盡其勤勉之職以與恰當地履行契約規定義務相一致的態度，以最便宜的價格去購進上述材料。如果任何時候出現承包人一方不夠勤勉，違約或玩忽職守的情況，無論是在遵守上述要求時，還是其它情況下，在調整契約價格時，對因上述不勤勉、違約及玩忽職守所造成的費用的增加將不予考慮，對本來可以降低的費用但由於不勤勉、違約或玩忽職守而未能降低時，此筆金額應從契約價格中扣除。
契約價格不應因材料費用在其它方面的波動而作調整。
不包括企業管理費和利潤在根據本款確定契約價格調整飭時，不考慮任何企業管理費和利潤。
通知和記錄當發生可以或可能導致本款所說的契約價格調整之任何事件時，承包人應立即向監理工程師就此發出通知，承包人還應儲存為使契約價格得以按本款規定進行調整所必需的帳薄、帳單及其它檔案和記錄，並在監理工程師提出要求時，提供任何所儲存的發票、帳單、檔案和記錄，以及監理工程師可能要求的其它資料。
竣工日以後的調整在根據第43款確定全部工程應竣工的日期以後，或根據第48款證明的全部工程竣工日之後，契約價格應按應竣工日或移交證書中規定之日的現行費率和現行價格進行調整，兩個日期中取較早者。
契約價格調整的確定根據本款對任何契約價格進行調整之款，應由監理工程師根據上述各項規則確定。
70.4權數
承包人應與其投標書一並提交上列每一價格指數的權數並由監理工程師批準。工程量如果由於第51款規定的變化或增加而導致上述價格系數已經出現不合理、不平衡或不適用等情況，監理工程師則有權對每一價格系數的權數進行調整。
70.5後繼法規
如果在工程的投標書遞交截止日前28天之後，在中華人民共和國或工程所在省/市內，國家或省府的法令、法規、公告或其他法律或規章或任何地方或其他合法機構的規定發生了變更，或任何上述的法令、法規、政府公告、法律、規章或規定等的採用，致使承包人在施工中的費用發生70.1款規定以外的增加或減少，則此項增加或減少的費用應由監理工程師與承包人和業主協商後予以決定，契約價格應按此相應增加或減少並通知承包人及抄報業主。
貨幣及兌換率
71.1貨幣限製
在工程投標書遞交截止日期前28天之後，如果工程進行施工或預定施工的所在國政府或政府授權機構，對支付契約價格所用的一種或幾種貨幣和貨幣匯兌進行限製，則業主應對承包人因此產生的虧損或損失進行補償，且不使承包人行使其在該類事件中所應行使的任何其他權利或補救措施受到損害。
71.2貨源國及貨幣的變化
如果承包人改變了工程所需的任何進口的貨源國，他應立即通知監理工程師，監理工程師則應據此修正價格調整條款。以能反映貨物實際來源國的相關的價格指數。如果契約價格中標明的貨幣不同相關指數來源國的貨幣，則監理工程師應決定一種用於價格調整計算中的修正值，以防止價格調整額的扭曲。此種修正值應能適用不同輸入貨物的基本成本價格和上浮情況，同時也能與基本價格指數日和第70.2款規定的現行價格指數日之間的對換率的比率相適應。
72.1兌換率
若契約規定款額的全部或部分以一種或多種外幣向承包人支付，則此項支付不應受上述指定的一種或多種外幣與工程施工所在國貨幣之間的兌換率的變化的影響。
72.2貨幣比例
如業主已要求投標書以一種單一貨幣表示，但以一種以上的貨幣支付，且承包人已聲明他要求用以支付的另一種貨幣或多種貨幣的比例或款額，則適用於計算該比例或款額的一種或多種兌換率應為在契約投標書遞交截止日期前28天的當日，由要施工工程所在國中央銀行決定的通行匯率，並由業主在按標書遞交之前通知承包人，或在投標書附錄中予以規定。
72.3支付暫定金額的貨幣
如契約規定以一種以上的貨幣進行支付時，當該類金額的全部或部分使用符合本文第58、59款規定時，有關以外幣支付的暫定金額應按72.1和72.2款所定的原則確定。
tax
73.1中國政府對業主徵收的稅收
中國政府根據現行稅法就本契約項下有關的向業主徵收的一切稅收由業主負擔。
73.2中國政府對承包人徵收的稅收
中國政府根據現行稅法就本契約項下有關的向承包人徵收的一切稅收由承包人負擔，除非中華人民共和國政府和承包人所在國的政府已簽署關於對所得和財產收益相互避免雙重征稅和防止偷漏稅的協定。
73.3中國境外的稅費
凡與本契約項下貨物和服務有關的發生在中國境外的一切稅費應由承包人負擔。
73.4征紛稅收的參考日期
在本契約中，承包人將予以考慮反映在報價中的有關稅收的法律、規章應為投標截止日前28天已生效實施的法律與規章。
73.5外編人員的個人所得稅
承包人常駐的外籍工作人員、勞工應負責支付依據現行稅法和規章向其個人工資收入可征稅部分由中華人民共和國應徵收的個人所得稅，承包人應履行由他扣回這些稅收的職責。
向他們個人徵收的雜稅、費、捐等。
73.6稅收的調整
就本契約而言，雙方同意的契約價格是以投標截止日前28天已實行的有關稅收、關稅和費用規章條例為基礎的，如果在履行契約期間，上述稅率有任何增、減之變化或有任何新的稅法開始實施，或既有法律廢除，或在解釋和運用中有任何變化，而這些變化使本契約的承包人、分包人和其僱員作出新的估價，那就應該對契約價格進行公平的調整。以使契約價格的增、減如實反映這些變化，並符合第70.5款後繼法規的有關規定。
賄賂74.1賄賂
如果承包人或其任何分包人，代理人或僱員向任何人提出給予或同意給予或給予任何人以任何賄賂，禮品、賞金或傭金，作為引誘或報酬，使該員採取或不採取與該契約或與業主訂立的任何其它契約有關的行動，則業主可以進駐工地和工程並終止僱用該承包人，如出現這種情況和依據第63款進行處理。
60.1 month report
The Contractor shall submit to the Supervising Engineer four forms of statements required by the Supervising Engineer at the end of each month, each of which shall be signed by the Supervising Engineer in accordance with the Contractor’s Representative as specified in Section 15.1, including the Contractor’s opinion that he/she is entitled to the end of the month. The following amounts related to each item:
The value of the permanent works that have been implemented;
Any other items in the engineering scale, including the contractor’s equipment, temporary works, calendar days and similar items;
The percentage of the invoice value of the equipment to be installed and the equipment to be installed for permanent works delivered by the contractor at the site, as indicated in the appendix to the tender;
Adjustment according to paragraph 70;
Any other amount that the contractor is entitled to under the contract.
If appropriate, the monthly report should include the following items and consider them in order:
As of the end of this month, the estimated contract value of the permanent project in RMB is implemented. The value shall be multiplied by the amount of the book price stated in the bill of quantities in accordance with the provisions of 56 to the amount of work measured by the supervising engineer.
The estimated contract value of the permanent project completed by the end of last month as described in the above method.
The estimate of the permanent engineering contract for this month, expressed in local currency, is the above reduction.
According to the percentage of foreign currency indicated in Table 1, the amount of change in fees expressed in local currency and foreign currency is calculated according to the provisions of paragraph 52.
The amount of daily work that has been completed and approved as of the end of the month, minus all amounts previously approved by the interim payment certificate, and the amount determined in the daily worksheet according to the bill of quantities, the amount of local currency and foreign exchange.
According to the provisions of Section 70, the amount of fees, if any, due to subsequent regulations, is expressed in local currency and foreign currency.
Any amount of permanent works in local currency and foreign currency for materials that have arrived at the site this month and for engineering equipment that is not yet in use for the project, as shown in Section 60.3.
The amount of the retention amount obtained by multiplying the sum of the amounts referred to in this paragraph by the percentage stated in paragraph 60.4, in accordance with paragraph 60.4.
The amount of increase or deduction resulting from the mobilization of advance payment provisions in this paragraph.
The contract stipulates that the contractor is entitled to any other amount expressed in one or more currencies.
Payable in 60.2 months
The Supervising Engineer confirms or modifies the statement within 28 days after receiving the above statement, and proves to the Owner the amount of payment he believes should be paid to the Contractor at the expiration date, but should:
First, the retention shall be multiplied by the percentage of the retention money indicated in the appendix to the tender, multiplied by the amount of the retention of the contractor in accordance with paragraph 60.1, and the amount of the right to be obtained until the amount of the retention money reaches the limit specified in the appendix to the tender. ;
Second, any amount due to the contractor other than the provisions of paragraph 47.
However, if the net amount after each retention and deduction is less than the minimum amount of the interim payment certificate specified in the appendix to the tender, the supervising engineer does not have to issue any payment certificate in accordance with this paragraph. Notwithstanding any provision of these Terms or the Deed, the Supervising Engineer will not issue a certificate for any payment until the Contractor submits the Performance Guarantee and is approved by the Owner.
60.3 Prepayment of materials for permanent works
The contractor can only enter into a material agreement with the qualified material supplier, and the signed agreement should be sent to the supervision engineer.
The contractor is entitled to these amounts as long as the supervising engineer is established to adapt to the materials and equipment used but not entered into the permanent works.
The material meets the specifications of the permanent project;
These materials have been delivered to the site and are well stored and have measures to prevent loss or damage or deterioration, which is satisfactory to the supervision engineer;
The contractor shall record the requirements, orders, receipts, materials and equipment in the manner approved by the supervision engineer and the records shall be inspected by the supervision engineer;
The Contractor shall submit the valuation value of the materials and equipment on site with the monthly statement, together with the relevant documents and material costs required by the supervision engineer to provide evidence of the ownership of the materials and engineering equipment and related payments;
The ownership of these materials shall be vested in the owner;
The amount to the contractor should not exceed 75% of the following:
The CIF price of imported materials, or the ex-factory or container price of locally manufactured materials, or the yard price of locally produced materials, such as sand, aggregates and gravel, shall be paid in the month in which the materials and engineering equipment arrive at the site. The deduction of materials and engineering equipment in the month of entry into the project; and such payments shall not be considered as approval of this material.
60.4 retention gold
According to the provisions of Article 6O.1, the 10% of the retention amount stated in the monthly interim payment certificate shall be deducted by the supervising engineer in the first or following certificates until the deduction amount reaches the list in the appendix of the tender. It is the amount of the percentage of the percentage of the contract price.
60.5 Payment of retained gold
At the time of issuance of the handover certificate for all projects, the supervision engineer will pay half of the retention money to the contractor; or when the handover certificate for a section or part of the permanent project is issued, the supervision engineer will determine the permanent project as determined by him. The section or part of the corresponding amount is issued and certified to the contractor.
After the expiration of the engineering warranty period, the other half of the retention money will be issued by the supervising engineer and paid to the contractor and stipulated that if different sections or parts of the permanent works have been adapted for different warranty periods in accordance with the provisions of the 48th teaching, "Warranty expires"
The term shall be deemed to mean the expiration of the last warranty period in this paragraph.
Further stipulate that, at this time, according to paragraphs 49 and 50, there are still any unfinished work that should be carried out by the contractor, and the supervising engineer will have the right to refuse to issue the certificate until the supervising engineer considers that the contractor has completed the remaining works. The balance portion of the retention money.
60.6 Mobilization advance payment
The Owner will provide the Contractor with an interest-free advance payment for the mobilization cost of the project, which is the percentage of the contract price listed in the Appendix to the Tender, and is listed in Table I - Local Currency and Foreign Currency Requirement Table. The ratio of foreign currency to local currency is paid.
If the contractor misuses the advance payment due to an error or planning, the owner has the right to withdraw it immediately.
60.7 Mobilization of payment of advance payment
The supervision engineer will issue a certificate to the owner within 14 days after the contractor undertakes the following work.
The following is called the mobilization advance payment certificate:
A contractual agreement has been signed; and a performance bond is provided in accordance with Section 10.1; and an unconditional bank guarantee equivalent to the amount and currency of the mobilization advance is issued in the form agreed by the owner and by the bank.
The bank guarantee shall remain in force until the mobilization of the advance payment is fully recovered in accordance with paragraph 60.8. However, the amount shall continue to decrease as the amount of recovery increases, as stated in the interim payment certificate issued in accordance with this article. The Owner will pay the mobilization advance payment within 28 days of receipt of the mobilization advance payment certificate.
60.8 Mobilization of advance payment deduction
The mobilization advance payment will be deducted from the owner's payment to the contractor, and will be deducted from the interim payment certificate starting from the fourth month after the official start of the project.
The deduction shall be in the form of a deduction of the same month until the recovery is completed 3 months before the completion date specified in the contract.
If the amount of any interim payment certificate is less than the deductions under this paragraph, the difference shall be treated as debt and transferred to the next interim payment certificate.
60.9 Correction of payment certificate
The Supervising Engineer has the right to correct or revise a previously issued certificate in any interim payment certificate. If any work performed is unsatisfactory, he has the right to delete or reduce the value of the work in any interim payment certificate.
6O.10 Completion Report
Within 84 days after the issuance of the transfer certificate for the entire project, the contractor shall submit a final report and an auxiliary file to the supervising engineer and specify in the format approved by the supervising engineer:
The final value of all completed work as specified in the contract as of the date specified in this transfer certificate;
Any amount that the contractor believes should be paid to him;
Any estimate that the contractor believes should be given to him under the contract.
The estimated value should be indicated in the final statement, respectively, and the supervising engineer will issue a certificate for the provisions of paragraph 60.2 of the silver.
60.11 Final report
According to the provisions of paragraph 62.1, within 56 days of issuing the warranty certificate, the contractor shall submit a draft final certificate and other auxiliary files for the reference of the supervision engineer in the form approved by the supervision engineer. The draft should specify:
The value of all works performed in accordance with the contract and any additional payments that the contractor believes to be payable to him under the contract.
If the supervising engineer does not agree or cannot confirm any part of the final draft. The contractor will provide further information that the supervising engineer may need and make mutually agreed changes to the draft. The contractor is abbreviated and submitted to the supervising engineer as the final report of the agreement.
60.12 settlement
When submitting the final report, the contractor shall give the owner a written statement to further confirm that the total amount in the final statement is equivalent to all the amounts due to the contract or related to the contract and that are finalized to be paid to the contractor, and A copy is submitted to the supervision engineer. However, the list is only valid after the payment of the payment due under the final certificate issued under No. 60.13 and the performance bond referred to in No. 10.1 are returned to the contractor.
60.13 final certificate
Within 21 days after receiving the final statement and the written list, the supervision engineer shall send a photocopy of the final payment certificate to the owner to the contractor for supervision;
The amount that the supervising engineer believes should ultimately be paid to the contractor according to the contract;
The owner shall also pay the contractor, or the balance that the contractor shall pay to the owner, after confirming all the amounts previously paid by the owner and the total amount that the owner of the contract is entitled to.
60.14 currency
The currency of the valuation shall be as specified in the appendix to the tender. For the convenience of payment, the conversion of the denominated currency and other currencies shall be carried out in accordance with the provisions of paragraph 72.
60.15 Payment to the contractor
The payment to the contractor by the industry shall be made in the currency and proportion indicated by the contractor in Table 1 - Local currency and foreign currency demand form, provided that the above currency and proportion shall be in accordance with paragraph 51 of the contractual terms at the request of either party. And the provisions of paragraph 52 are subject to change and adjustment.
60.16 payment time I
The amount payable to the contractor as specified in any interim certificate issued by the supervising engineer in accordance with this clause or any other provision of the contract, within 28 days of the delivery of the interim certificate to the owner, or in paragraph 60.13 Within 56 days after the final certificate is sent to the owner, the owner pays the contractor but is bound by section 47. If the landlord fails to pay within the stipulated time, the landlord shall pay the contractor the interest of all the unpaid amount from the date of payment at the interest rate specified in the appendix of the tender.
The provisions of this paragraph do not prejudice the contractor’s powers under section 69.
60.17 Place of payment I
The delivery by the Owner to the Contractor shall be paid in the currency specified in the Contract to the bank account designated by the Contractor.
6O.18 payment to the owner
All payments made by the Contractor to the Owner, including deductions or offsets, shall be made as follows:
In the case of any reimbursement previously incurred by the owner, the payment shall be made in the same proportion of the same currency, D. For the compensation for breach of contract under section 47, the payment shall be in Table 1 - Local currency and foreign currency requirements in Table 1 The listed currency and foreign currency ratio are carried out.
In other cases, the payment shall be made in the currency and amount agreed by both parties, or if the consensus is not reached, it shall be subject to the determination that the supervision engineer considers reasonable and fair.
The deduction of the mobilization advance payment shall also be carried out in accordance with the provisions of 60.3.
60.19 Termination of owner's responsibility
Unless the contractor is in its final statement, either insolvent or in agreement with the creditor, or with the creditor’s transfer as the beneficiary, or agreed to perform under the supervision of its creditor’s supervisory committee, the contract or if the property receiver, administrator, trustee or The liquidator is entrusted to accept any substantial part of his property, or if any law or regulation relating to the reorganization, arrangement or adjustment of the debt begins, the commencement of the proceedings against the contractor, or the decision regarding dissolution and liquidation, or if Take any measure to control the ownership of the securities of the main part of the contractor’s property, or in accordance with any applicable law, take the same effect as above or the occurrence of such an event is contrary to the contractor’s and property or to the provisions of paragraph 3.1 Or taxing its goods;
Or if the supervising engineer issues a certificate to the owner and copies the contractor, the supervising engineer believes that the contractor:
Has abandoned the contract, or has no justified reasons;
Failure to commence work in accordance with paragraph 41.1 or within 28 days of receipt of the notice required by paragraph 46.1, or any part of the work, or within 28 days of receipt of the notice required by paragraph 37.4 or the order specified in paragraph 39.1, Failure to comply with the implementation, or despite the written warning of the supervising engineer before this, has consistently or blatantly ignored the obligation to perform the contract or contrary to paragraph 4.1, the owner does not exempt the contract from the contractor 14 days after the notice to the contractor Under the premise of the person’s obligation and responsibility or not affecting the power of the contract to the supervising engineer or the owner, the station is stationed and the contractor is terminated, and the project is constructed by itself or by hiring others. The owner or other contractor may use all contractual contracts deemed appropriate. Man equipment, engineering equipment, temporary works and materials are completed and the owner may at any time sell any of the above contractor's equipment, temporary works and unused machinery and materials; and regard the proceeds as a transfer to the owner by the contractor.
63.2 Valuation of termination date
After the owner has entered and terminated the contractor, in the shortest possible time, the supervising engineer shall, either unilaterally or through consultation with the parties or after consultation, or during his investigation or investigation that he considers appropriate or After the inquiry, determine, decide and prove:
When entering the site and terminating the contract, the contractor has reasonably obtained or ought to receive any amount based on the work that the contract has actually completed.
The value of any materials, contractor's equipment and temporary works that have been used or not used.
63.3 Payment after termination
If the Owner terminates the employment of the Contractor in accordance with the provisions of this paragraph, the Supervising Engineer shall ascertain the construction, completion and maintenance defect costs, the compensation for the loss of completion and the other payments made under the name of the Owner and issue a certificate before the expiration of the warranty period. Previously, the landlord should not be responsible for paying the contractor any money required by the contract.
Thereafter, the contractor is entitled to the amount after the supervising engineer has proved that the contractor was due to be paid to him and deducted the above amount. If the amount exceeds the amount originally paid to the contractor at the time of completion, the contractor shall pay the excess to the owner as required. This amount shall be deemed to be the debt owed by the contractor to the owner and shall be repaid.
63.4 Transfer of the benefits of the agreement
Except as prohibited by law, if the supervising engineer directs within 14 days of the entry and termination referred to in paragraph 63.1, the contractor shall sign and provide for the performance of any goods or materials or services for the performance of the contract. The benefits of any agreement are transferred to the owner.
64.1 Emergency repair work
The Supervising Engineer considers that any repairs or other work is an engineering safety emergency, either during construction or during the warranty period, as occurs or occurs in any accident, malfunction or other event related to the project or any part thereof. If the contractor is incapable or unwilling to carry out the work immediately, the owner may hire other personnel to perform the work and pay the relevant fees if the supervision engineer deems it necessary. If the supervising engineer believes that the work or repair done by the owner should be carried out by the contractor at his own expense, the supervising engineer shall, after consultation with the owner and the contractor, determine the full cost incurred or incurred by the owner. Reclaimed from the contractor and deducted from the amount paid or payable by the owner to the contractor. The supervision engineer shall notify the contractor and copy the owner accordingly. In the event of any of the above emergencies, the Supervising Engineer shall notify the Contractor as soon as reasonably practicable.
Special resistance team 65.1 is not responsible for the specific wind gust
The Contractor shall not be liable for any of the following consequences arising from the 65.2 Special Risks:
Except for works that are declared to be unqualified before the occurrence of a special risk in accordance with paragraph 39, damage or damage to the project, or damage or damage to the property of the owner or third party, or personal injury or death.
65.2 Special risks
The special risk is paragraph 20.4 to the defined risk.
65.3 Damage to the project due to special risks
If, due to the above-mentioned special risks, the contractor, or any equipment or engineering equipment on the way to the site or on the way to the site, is damaged or damaged, the contractor has the right to request payment of any of the above. The contractor is entitled to the following amounts when it is determined that the damaged permanent or damaged permanent works and any materials and equipment are required and the work of the supervising engineer is required or the work is completed:
The cost of repairing a damaged or damaged project;
Replace or repair the cost of the above materials and the contractor's equipment.
The supervision engineer shall determine the increase in the contract price in accordance with the provisions of paragraph 52, and notify the contractor and copy the owner.
65.4 shells, missiles
Damage, damage or personal injury or death caused by the bombing or impact of mines, bombs, bullets, grenades or other shells, missiles, ammunition or explosives of war whenever and wherever they occur shall be considered as a consequence of the above-mentioned special risks.
65.5 Good use caused by special risks
Except for any other money that the Contractor is entitled to under any other terms of the contract, the Owner shall reimburse the Contractor for any costs incurred in the construction of the Contractor resulting from or resulting in or in any way related to the above-mentioned special risks, excluding the provisions of this document. The rebuilding costs for projects that have been declared unqualified before the occurrence of a particular risk are provided for in paragraph 39, subject to the provisions of this section regarding the outbreak of war. The Contractor shall notify the Supervising Engineer immediately upon receipt of any such fees. The supervision engineer shall, after consulting with the contractor and the owner, determine the amount of the above contractor's expenses and add the contract price, and notify the contractor and the copying owner accordingly.
65.6 War broke out
In the course of the execution of the contract, such as the outbreak of war anywhere in the world, whether declared or not, and whether it has economic or material impact on the construction of the project, the contractor shall continue to do so unless the contract has been terminated in accordance with this paragraph. The best effort is to complete the construction until the contract is terminated. At any time after the outbreak of the war, the owner has the right to notify the contractor to terminate the contract. Upon the issuance of this notice, the contract shall terminate except for this paragraph and the rights of the parties provided for in paragraph 67, without prejudice to any A party’s right to any breach of contract before this.
65.7 Withdrawal of contractor equipment at the end of the contract
If the contract is terminated in accordance with paragraph 65.5, the contractor shall evacuate all contractor equipment from the site as soon as possible and provide the same convenience for the evacuation of each subcontractor.
65.7 Payment after termination of contract
If the contract is terminated in accordance with the above conditions, the owner shall pay the costs of all the works completed by the contractor before the date of termination of the contract, including the amount and items not yet paid to the contractor, and pay separately. Description of the cost:
Payables for any preparatory items mentioned in the bill of quantities, as long as the work or services in those projects have been carried out or performed, and the cost of the part of any of the above projects whose work or services have been carried out or performed.
The cost of the materials, equipment and goods reasonably ordered for the project, if it has been delivered to the contractor or the contractor for legally responsible for the collection of the goods, and the owner, after paying the fee, the material, equipment and goods become Owner's property.
The total amount of any expenses incurred by the Contractor for the reasonable expenses of the entire project, but the above fees are not included in any other fees referred to in this paragraph.
Any additional fees payable in accordance with paragraphs 65.3 and 65.5.
In accordance with the provisions of 65.7, taking into account the costs of the work that has been or will be paid, the reasonable expenses of the contractor’s equipment evacuation and, if requested by the contractor, the equipment of the contractor is returned to the main equipment base or other destination in the country of registration The cost, but not much more than the cost.
All the staff and workers employed by the contractor who are engaged in construction and construction are reasonably repatriated at the time the contract is terminated.
In addition to paying any fees payable in accordance with this paragraph, the owner has the right to request the contractor to repay the unsettled balance of any advance payment of the equipment, materials and engineering equipment of the contractor and on the date of termination of the contract, the contractor shall stipulate that the contractor shall Reimbursement of any other amount of the owner. Any amount paid in accordance with this Article shall be decided by the Supervising Engineer after consultation with the Owner and the Contractor, and the Contractor shall be notified accordingly and copied to the Owner.
Dismissal
66.1 Payment at the time of cancellation
If, after the issuance of the bid winning notice, any situation beyond the control of the parties occurs, it is impossible for either of the parties to perform their respective contractual obligations or, according to the law governing the contract, the parties cancel the contract and cease to perform the contract. Where the contract has been terminated in accordance with paragraph 65, the amount of the contractor’s work to be built shall be paid by the owner in the same manner as the amount payable under paragraph 65.
67.1 Decision of the supervision engineer
If there is a dispute between the owner and the contractor, whether or not the dispute is related to or arising from the contract or construction, either during or after the completion of the project, whether before or after the waiver of the contract, termination of the contract, or In case of disputes over the opinions, instructions, decisions, certificates or valuations of the supervision engineer, the supervisor engineer shall be notified in writing and the other party shall be copied. The notice shall state that it was made in accordance with the provisions of this paragraph. The Supervising Engineer shall notify the Owner and the Contractor of his decision within 84 days of receipt of the notice, and the decision shall also indicate that it is made in accordance with this paragraph.
Unless the contract has been abandoned or terminated, the contractor shall carry out the construction work with full force in all circumstances. The contractor and the owner shall implement the decision of the supervising engineer in addition to the decision of the supervising engineer as stipulated in the following article through a friendly resolution or an arbitral award.
If either the owner or the contractor is dissatisfied with any decision of the supervising engineer, or the supervising engineer has not made a decision within 84 days of receiving the notice, the owner or contractor will be 70 days after receiving the decision or before or at the above On the 70th day after the expiration of 84 days or before this, according to the specific circumstances, notify the other party and copy the supervision engineer for their reference, and request the intention to start arbitration on the dispute according to the following regulations. This notice provides for the notification that the party giving the notice has the right to request that the relevant dispute be initiated. According to the provisions of 67.4, without this notice, arbitration cannot begin.
If the supervising engineer has notified the owner and the contractor of the dispute, and within 70 days after receiving the notice from the supervising engineer on the matter, neither the contractor nor the owner has issued a notice of intent to initiate the arbitration, then the supervisor The engineer's notice shall be the final decision that binds both the owner and the contractor.
67.2 friendly solution
After the notice of intent to commence arbitration is issued in accordance with paragraph 67.1, the arbitrator may begin unless the parties cannot resolve the dispute first. Unless otherwise agreed by the parties, regardless of whether the dispute is settled amicably, the arbitration shall begin after the 56th day after the issuance of the notice.
67.3 Arbitration
Regarding any disputes below:
If any decision made by the supervising engineer fails to become final and binding in accordance with the provisions of Section 67.1; and fails to reach an amicable settlement within the period specified in Section 67.2, it shall be submitted to arbitration for arbitration in Beijing or China. The location is based on the arbitration rules of the China International Economic and Trade Arbitration Commission or in Hong Kong.
The arbitrator mentioned above has full authority to disclose, review and revise any decisions, opinions, instructions, judgments, certificates or valuations made by the supervising engineer regarding the dispute.
Evidence or arguments of either party to the arbitrator shall not be limited to any matter relating to the dispute. Any decision made by the supervising engineer in accordance with the above provisions shall not be disqualified from being a witness in the presence of the arbitrator in respect of any of the above-mentioned issues relating to the dispute submitted to the arbitrator.
Arbitration can be conducted before the completion of the project or after completion. However, the obligations of the owner, the supervising engineer and the contractor shall not be changed during the construction of the project due to ongoing arbitration.
67.4 Failure to implement the decision of the supervision engineer
If, within the time limit specified in paragraph 67.1, the owner or the contractor has not issued a notice of intent to initiate the arbitration and the decision relating thereto has been final and binding, then if one party performs the above decision, the other party does not Subject to any of its rights, the breach may be submitted to arbitration in accordance with paragraph 67.3. The provisions of paragraphs 67.1 and 67.2 do not apply to any such submission.
Retirement 68.1 Notice to the Contractor
All certificates, notices or instructions issued by the owner or supervising engineer to the contractor in accordance with the terms of the contract shall be sent by post, telegram, telex or facsimile, or sent to the contractor’s principal business establishment, or designated by the contractor for this purpose. Other such addresses.
68.2 Notice to the Owner and Supervising Engineer
All notices sent to the owner or supervising engineer in accordance with the terms of the contract shall be sent by post, telegram, telex or fax or sent to the address specified in paragraph 1.6 of this contract.
68.3 Change of Address Any party to the contract may notify the other party within 14 days of the prior notice, change the designated address to another address in the country where the project is constructed, and notify the supervising engineer. The supervising engineer may also notify the contracting parties to change the address in this way.
Owner's default 69.1 owner's default
If the owner has the following:
Within 28 days after the expiration of the payment period specified in No. 60.16, any certificate of the Supervising Engineer shall not be paid to the Contractor for the amount due; or interfere, obstruct or refuse the end of any such certificate. Approved; or declared bankrupt, or as a company declared to be closed for business, except for the liquidation of the whole or merger plan; or notify the contractor that due to unforeseen reasons, due to economic confusion, it is impossible for him to continue to perform Its contractual obligations.
The contractor has the right to notify the owner to terminate his employment obligations under the contract and send a copy to the supervision engineer. The termination of the contract shall take effect 14 days after the date of issuance of the notice.
69.2 Evacuation of contractor equipment
Upon the termination of the 14-day period specified in Section 69.1, the Contractor will not be bound by the provisions of Section 54.1 of this document and evacuate all equipment brought to the Site from the Site as soon as possible.
69.3 Payment at the time of contract termination
In the case of the termination of the contract, the owner’s obligations in respect of the payment to the contractor are the same as those for the termination of the provisions of paragraph 65 of the contract, except for the payments specified in paragraph 65.8. The amount due to the contractor’s loss or damage caused by or in connection with the termination of the termination shall be paid.
69.4 Contractor's power to suspend work
Does not prejudice the contractor’s power to interest on 60.16 and the power to terminate the contract in accordance with paragraph 69.1. If the owner fails to pay the amount due to the contractor within 28 days of the expiration of 60.16 under the certificate of the supervising engineer The contractor may suspend work or reduce the construction speed within 28 days after notifying the owner and the supervision engineer.
If the contractor suspends work to reduce the construction speed, affects the construction period or pays the expenses according to this article, the supervision engineer shall, after consultation with the owner and the contractor, decide:
According to the provisions of Article 44 of the contract, the contractor is entitled to the extension, and the contract price to be increased, and the contractor shall be notified accordingly to copy the owner.
69.3 Resume
If, after notification under No. 69.4, the contractor suspends work or reduces the construction speed, the employee immediately pays the amount due including the interest specified in No. 65.8. If the termination notice has not been issued, the contractor The rights of Section 69.1 are no longer valid. The contractor should resume normal work as soon as possible.
Cost and regulatory changes 70.1 Chargeback principle
When the contract price is adjusted due to labor, materials and other factors that affect the cost of the project, such adjustments shall be made in two parts: foreign currency and local currency.
The price adjustment will be adjusted according to the formula and price in the following clauses, respectively, for the monthly payment statements specified in 60.1 and 60.2 and the final payment statements specified in 60.11:
The price adjustment factor for the foreign currency portion shall be derived from the price adjustment formula provided in paragraph 70.2, and the amount of the contractor shall be determined accordingly.
The price adjustment of the local currency component shall be carried out by the files and principles issued by the relevant local authorities provided in Section 70.3 and shall determine the amount of the contractor to be paid accordingly.
If the terms or other terms of the contract do not include compensation for the amount paid to the contractor for the cost increase or decrease, the unit price and fee in the contract shall be deemed to have included an unforeseen expense payable for such cost.
The adjustable amount of the foreign currency and local currency portion of the monthly payment statement should be the difference between:
According to the provisions of Section 60.1, the supervising engineer considers that the amount of the contractor’s amount should be paid, including the amount of work completed at the basic price and the daily work, but deducting the materials already entered;
Subtract the amount calculated based on the above in the interim payment certificate issued by the supervising engineer last time.
The adjustable amount should exclude payments made to designated subcontractors and other payments based on actual cost or current grading.
The amount adjusted in the foreign currency or local currency portion of the monthly payment certificate shall be obtained by multiplying the price adjustment factor by the adjustable amount or by adjusting the price adjustment, and according to the provisions of paragraph 60, these adjusted amounts will be paid to The contractor, but the owner can deduct from the contractor’s retention money, liquidated damages, mobilization advances and other amounts due to the owner.
If the contractor fails to complete the project within the time limit specified in paragraph 43, then the price adjustment within the period from the completion of the completion period to the completion of the work may be either the price or index of the original scheduled completion date, or the price adjustment. For the current index or price, the owner can choose the advantage. However, if a certain extension is in accordance with the provisions of paragraph 44 above, this rule applies only to adjustments made after the expiration of the extension.
70.2 Price adjustment of foreign currency portion
If there is any change in the following index issued by the statutory organization of the country of origin, the adjustment of the contract price due to the fluctuation of labor costs, material costs and other expenses affecting the construction shall be calculated in accordance with the provisions of this paragraph, and in accordance with paragraph 60.1 The monthly statements made are reflected in the completion report made in accordance with paragraph 60.10 and in the final report made in paragraph 60.11;
Labor cost index of the country of origin of labor;
Material cost index;
a cost index that affects other construction costs;
For the purposes of this paragraph:
“Basic Index” means the applicable index on the day 28 days before the deadline for submission of proposals;
“Current Index” means the applicable index for the last day of the phase associated with a particular statement.
However, for any work whose value is included in any such monthly statement, if it is carried out after the date on which all the works specified in Article 43 are due to be completed, then the “current index”
That is, the index applicable to the date on which all the above works should be completed.
“effective value” means the difference between the following two items;
The amount of the contractor’s due amount minus any amount for the following items, as provided for in paragraphs 60.2, 60.1 or 60.11:
- the work performed by the designated subcontractor;
- materials and engineering equipment on site as referred to in paragraph 6O.1;
- counting daily work, changes or any other items based on actual or current prices, and bonuses;
- Various adjustments made in accordance with Section 7O.
The amount calculated in accordance with this paragraph and included in the previous statement.
The adjustment of the contract price should be calculated by multiplying the effective value by a price adjustment factor. This factor shall be the product of each ratio given in this paragraph and the following score. The score is:
Current Index - Basic Index —————————— The basic index is calculated using the relevant index.
To calculate the price adjustment factor, the ratios mentioned in this paragraph
Should be:
For the labor costs to be adjusted, refer to the index mentioned in this paragraph;
Refer to the index mentioned in this paragraph for the cost of materials to be adjusted;
For other expenses to be adjusted, refer to the index mentioned in this teaching;
All other related fees that do not require adjustment;
The ratios totaled 1.0O. If the value of an index is not known at the time of the calculation, the most recent value that can be obtained is used, and the necessary adjustments are made in the subsequent monthly statements.
70.3 Price adjustment of local currency part
The adjustment of the local currency portion of the contract price shall be adjusted in accordance with the fluctuations in the local material costs specified in this paragraph.
The specified materials are for this paragraph:
“Designated Materials” means the local materials required for the on-site construction specified in the Schedule of Materials and for the completion of the Works.
“Basic price” means the current price of the designated materials that are available on the day of the 28th day prior to the deadline for submission of the tender.
The current price is the current price of the designated material that passes on any date after 28 days before the deadline for submission of the tender.
The adjustment of the contract price made in accordance with the provisions of this paragraph shall be calculated by multiplying the difference between the base price and the current price by the quantity of the specified material delivered to the site during the period of validity of the specified current price. The above adjustment may be for the contract price. The increase may be a reduction in the price of the contract.
The contractor shall perform his diligent duties to ensure that the specified materials are not wasted.任何運出現場的指定材料都應在本款段要求的記錄中予以清楚地登記。
本款各項規定適用於為施工目的在現因使用的承包人設備所用的燃料，上述設備包括承包人擁有的用於運送職員、工人、承包人設備、臨時工程、工程設備或材料進出工地的車輛。上述燃料應在本款段要求的記錄中清楚地登記。本款的規定不適用於任何賣給或供給承包人的僱員或其他任何與本契約無關的個人用車所需的燃料。
承包人應自始至終註意適合的市場。購買材料時每當材料的布用變動可能引起本款規定的契約價格的調整時，承包人應盡其勤勉之職以與恰當地履行契約規定義務相一致的態度，以最便宜的價格去購進上述材料。如果任何時候出現承包人一方不夠勤勉，違約或玩忽職守的情況，無論是在遵守上述要求時，還是其它情況下，在調整契約價格時，對因上述不勤勉、違約及玩忽職守所造成的費用的增加將不予考慮，對本來可以降低的費用但由於不勤勉、違約或玩忽職守而未能降低時，此筆金額應從契約價格中扣除。
契約價格不應因材料費用在其它方面的波動而作調整。
不包括企業管理費和利潤在根據本款確定契約價格調整飭時，不考慮任何企業管理費和利潤。
通知和記錄當發生可以或可能導致本款所說的契約價格調整之任何事件時，承包人應立即向監理工程師就此發出通知，承包人還應儲存為使契約價格得以按本款規定進行調整所必需的帳薄、帳單及其它檔案和記錄，並在監理工程師提出要求時，提供任何所儲存的發票、帳單、檔案和記錄，以及監理工程師可能要求的其它資料。
竣工日以後的調整在根據第43款確定全部工程應竣工的日期以後，或根據第48款證明的全部工程竣工日之後，契約價格應按應竣工日或移交證書中規定之日的現行費率和現行價格進行調整，兩個日期中取較早者。
契約價格調整的確定根據本款對任何契約價格進行調整之款，應由監理工程師根據上述各項規則確定。
70.4權數
承包人應與其投標書一並提交上列每一價格指數的權數並由監理工程師批準。工程量如果由於第51款規定的變化或增加而導致上述價格系數已經出現不合理、不平衡或不適用等情況，監理工程師則有權對每一價格系數的權數進行調整。
70.5後繼法規
如果在工程的投標書遞交截止日前28天之後，在中華人民共和國或工程所在省/市內，國家或省府的法令、法規、公告或其他法律或規章或任何地方或其他合法機構的規定發生了變更，或任何上述的法令、法規、政府公告、法律、規章或規定等的採用，致使承包人在施工中的費用發生70.1款規定以外的增加或減少，則此項增加或減少的費用應由監理工程師與承包人和業主協商後予以決定，契約價格應按此相應增加或減少並通知承包人及抄報業主。
貨幣及兌換率
71.1貨幣限製
在工程投標書遞交截止日期前28天之後，如果工程進行施工或預定施工的所在國政府或政府授權機構，對支付契約價格所用的一種或幾種貨幣和貨幣匯兌進行限製，則業主應對承包人因此產生的虧損或損失進行補償，且不使承包人行使其在該類事件中所應行使的任何其他權利或補救措施受到損害。
71.2貨源國及貨幣的變化
如果承包人改變了工程所需的任何進口的貨源國，他應立即通知監理工程師，監理工程師則應據此修正價格調整條款。以能反映貨物實際來源國的相關的價格指數。如果契約價格中標明的貨幣不同相關指數來源國的貨幣，則監理工程師應決定一種用於價格調整計算中的修正值，以防止價格調整額的扭曲。此種修正值應能適用不同輸入貨物的基本成本價格和上浮情況，同時也能與基本價格指數日和第70.2款規定的現行價格指數日之間的對換率的比率相適應。
72.1兌換率
若契約規定款額的全部或部分以一種或多種外幣向承包人支付，則此項支付不應受上述指定的一種或多種外幣與工程施工所在國貨幣之間的兌換率的變化的影響。
72.2貨幣比例
如業主已要求投標書以一種單一貨幣表示，但以一種以上的貨幣支付，且承包人已聲明他要求用以支付的另一種貨幣或多種貨幣的比例或款額，則適用於計算該比例或款額的一種或多種兌換率應為在契約投標書遞交截止日期前28天的當日，由要施工工程所在國中央銀行決定的通行匯率，並由業主在按標書遞交之前通知承包人，或在投標書附錄中予以規定。
72.3支付暫定金額的貨幣
如契約規定以一種以上的貨幣進行支付時，當該類金額的全部或部分使用符合本文第58、59款規定時，有關以外幣支付的暫定金額應按72.1和72.2款所定的原則確定。
tax
73.1中國政府對業主徵收的稅收
中國政府根據現行稅法就本契約項下有關的向業主徵收的一切稅收由業主負擔。
73.2中國政府對承包人徵收的稅收
中國政府根據現行稅法就本契約項下有關的向承包人徵收的一切稅收由承包人負擔，除非中華人民共和國政府和承包人所在國的政府已簽署關於對所得和財產收益相互避免雙重征稅和防止偷漏稅的協定。
73.3中國境外的稅費
凡與本契約項下貨物和服務有關的發生在中國境外的一切稅費應由承包人負擔。
73.4征紛稅收的參考日期
在本契約中，承包人將予以考慮反映在報價中的有關稅收的法律、規章應為投標截止日前28天已生效實施的法律與規章。
73.5外編人員的個人所得稅
承包人常駐的外籍工作人員、勞工應負責支付依據現行稅法和規章向其個人工資收入可征稅部分由中華人民共和國應徵收的個人所得稅，承包人應履行由他扣回這些稅收的職責。
向他們個人徵收的雜稅、費、捐等。
73.6稅收的調整
就本契約而言，雙方同意的契約價格是以投標截止日前28天已實行的有關稅收、關稅和費用規章條例為基礎的，如果在履行契約期間，上述稅率有任何增、減之變化或有任何新的稅法開始實施，或既有法律廢除，或在解釋和運用中有任何變化，而這些變化使本契約的承包人、分包人和其僱員作出新的估價，那就應該對契約價格進行公平的調整。以使契約價格的增、減如實反映這些變化，並符合第70.5款後繼法規的有關規定。
賄賂74.1賄賂
如果承包人或其任何分包人，代理人或僱員向任何人提出給予或同意給予或給予任何人以任何賄賂，禮品、賞金或傭金，作為引誘或報酬，使該員採取或不採取與該契約或與業主訂立的任何其它契約有關的行動，則業主可以進駐工地和工程並終止僱用該承包人，如出現這種情況和依據第63款進行處理。
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