FIDIC黄皮书官方版 Conditions of Contract for Plant and DesignBuild

1、conditions of contractfor plant and design-buildgeneral conditionsfor electrical and mechanical works and for building and engineering works designed by the contractor.first edition 1999isbn-2-88432-023-7federation internationale des ingenieurs-conseilsinternational federation of consulting engineer

2、sinternationale vereinigung beratender ingenieurefederacion internacional de ingenieros consoltoresgeneral conditionscontents1general provisions1.1definitions1.2interpretation 1.3communications1.4law and language1.5priority of documents1.6contract agreement1.7assignment1.8care and supply of document

3、s1.9errors in the employers requirements1.10employers use of contractors documents1.11contractors use of employers documents1.12confidential details1.13compliance with laws1.14joint and several liability2the employer2.1right of access to the site2.2permits, licences or approvals2.3employers personne

4、l2.4employers financial arrangements2.5employers claims3the engineer3.1engineers duties and authority3.2delegation by the engineer3.3instructions of the engineer3.4replacement of the engineer3.5determinations4the contractor4.1contractors general obligations4.2performance security4.3contractors repre

5、sentative4.4subcontractors4.5nominated subcontractors4.6co-operation4.7setting out4.8safety procedures4.9quality assurance4.10site data4.11sufficiency of the accepted contract amount4.12unforeseeable physical conditions4.13rights of way and facilities4.14avoidance of interference4.15access route4.16

6、transport of goods4.17contractors equipment4.18protection of the environment4.19electricity, water and gas 4.20employers equipment and free-issue material4.21progress reports4.22security of the site4.23contractors operations on site4.24fossils5design5.1general design obligations5.2contractors docume

7、nts5.3contractors undertaking5.4technical standards and regulations5.5training5.6as-built documents5.7operation and maintenance manuals5.8design error6staff and labour6.1engagement of staff and labour6.2rates of wages and conditions of labour6.3persons in the service of employer6.4labour laws6.5work

8、ing hours6.6facilities for staff and labour6.7health and safety6.8contractors superintendence6.9contractors personnel6.10records of contractors personnel and equipment6.11disorderly conduct7plant, materials and workmanship7.1manner of execution7.2samples7.3inspection7.4testing7.5rejection7.6remedial

9、 work7.7ownership of plant and materials7.8royalties8commencement, delays and suspension8.1commencement of works8.2time for completion8.3programme8.4extension of time for completion8.5delays caused by authorities8.6rate of progress8.7delay damages8.8suspension of work8.9consequences of suspension8.1

10、0payment for plant and materials in event of suspension8.11prolonged suspension8.12resumption of work9tests on completion9.1contractors obligations9.2delayed tests9.3retesting9.4failure to pass tests on completion10employers taking over10.1taking over of the works and sections10.2taking over of part

11、s of the works10.3interference with tests on completion10.4surfaces requiring reinstatement11defects liability11.1completion of outstanding work and remedying defects11.2cost of remedying defects11.3extension of defects notification period11.4failure to remedy defects11.5removal of defective work11.

12、6further tests11.7right of access11.8contractor to search11.9performance certificate11.10unfulfilled obligations11.11clearance of site12tests after completion12.1procedure for tests after completion12.2delayed tests12.3retesting12.4failure to pass tests after completion13variations and adjustments13

13、.1right to vary13.2value engineering13.3variation procedure13.4payment in applicable currencies13.5provisional sums13.6daywork13.7adjustments for changes in legislation13.8adjustments for changes in cost14contract price and payment14.1the contract price14.2advance payment14.3application for interim

14、payment certificates14.4schedule of payments14.5plant and materials intended for the works14.6issue of interim payment certificates14.7payment 14.8delayed payment14.9payment of retention money14.10statement at completion14.11application for final payment certificate14.12discharge 14.13issue of final

15、 payment certificate 14.14cessation of employers liability 14.15currencies of payment15termination by employer15.1notice to correct15.2termination by employer15.3valuation at date of termination15.4payment after termination15.5employers entitlement to termination16suspension and termination by contr

16、actor16.1contractors entitlement to suspend work16.1termination by contractor16.3cessation of work and removal of contractors equipment16.4payment on termination17risk and responsibility17.1indemnities17.2contractors care of the works17.3employers risks17.4consequences of employers risks17.5intellec

17、tual and industrial property rights17.6limitation of liability18insurance18.1general requirements for insurances18.2insurance for works and contractors equipment18.3insurance against injury to persons and damage to property18.4insurance for contractors personnel19force majeure19.1definition of force

18、 majeure19.2notice of force majeure19.3duty to minimise delay19.4consequences of force majeure19.5force majeure affecting subcontractor19.6optional termination, payment and release19.7release from performance under the law20claims, disputes and arbitration20.1contractors claims20.2appointment of the

19、 dispute adjudication board20.3failure to agree dispute adjudication board20.4obtaining dispute adjudication boards decision20.5amicable settlement20.6arbitration20.7failure to comply with dispute adjudication boards decision20.8expiry of dispute adjudication boards appointmentappendixgeneral condit

20、ions of dispute adjudication agreementindex of sub-clausesdefinitions listed alphabetically1.1.4.1accepted contract amount1.1.6.5laws1.1.1.9appendix to tender1.1.1.3letter of acceptance 1.1.3.1base date1.1.1.4letter of tender 1.1.3.2commencement date1.1.4.8local currency 1.1.1.1contract1.1.5.3materi

21、als 1.1.1.2contract agreement1.1.2.1party 1.1.4.2contract price1.1.4.9payment certificate 1.1.2.3contractor1.1.3.8performance certificate1.1.6.1contractors documents1.1.6.6performance security1.1.5.1contractors equipment1.1.5.4permanent works 1.1.2.7contractors personnel1.1.5.5plant 1.1.1.7contracto

22、rs proposal1.1.4.10provisional sum 1.1.2.5contractors representative 1.1.4.11retention money1.1.4.3cost1.1.1.6schedules 1.1.6.2country1.1.1.10schedule of guarantees 1.1.2.9dab1.1.1.10schedule of payments1.1.3.9day1.1.5.6section 1.1.3.7defects notification period1.1.6.7site 1.1.2.2employer1.1.4.12sta

23、tement 1.1.6.3employers equipment1.1.2.8subcontractor 1.1.2.6employers personnel1.1.3.5taking-over certificate1.1.1.5employers requirements1.1.5.7temporary works 1.1.2.4engineer1.1.1.8tender1.1.2.10fidic1.1.3.6tests after completion 1.1.4.4final payment certificate1.1.3.4tests on completion 1.1.4.5f

24、inal statement1.1.3.3time for completion 1.1.6.4force majeure1.1.6.8unforeseeable 1.1.4.6foreign currency1.1.6.9variation 1.1.5.2goods1.1.5.8works 1.1.4.7interim payment certificate 1.1.3.9yeargeneral conditions1general provisions1.1definitionsin the conditions of contract (these conditions), which

25、include particular conditions and these general conditions, the following words and expressions shall have the meanings stated. words indicating persons or parties include corporations and other legal entities, except where the context requires otherwise.1.1.1the contract1.1.1.1contract means the co

26、ntract agreement, the letter of acceptance, the letter of tender, these conditions, the employers requirements, the schedules, the contractors proposal, and the further documents (if any) which are listed in the contract agreement or in the letter of acceptance.1.1.1.2contract agreement means the co

27、ntract agreement (if any) referred to in sub-clause 1.6 contract agreement.1.1.1.3letter of acceptance means the letter of formal acceptance, signed by the employer, of the letter of tender, including any annexed memoranda comprising agreements between and signed by both parties. if there is no such

28、 letter of acceptance, the expression letter of acceptance means the contract agreement and the date of issuing or receiving the letter of acceptance means the date of signing the contract agreement.1.1.1.4letter of tender means the document entitled letter of tender, which was completed by the cont

29、ractor and includes the signed offer to the employer for the works.1.1.1.4employers requirements means the document entitled employers requirements, as included in the contract, and any additions and modifications to such document in accordance with the contract. such document specifies the purpose,

30、 scope, and/or design and/or other technical criteria, for the works.1.1.1.6schedules” means the document(s) entitled schedules, completed by the contractor and submitted with the letter of tender, as included in the contract. such document may include data, lists and schedules of payments and/or pr

31、ices.1.1.1.7contractors proposal” means the document entitled proposal, which the contractor submitted with the letter of tender, as included in the contract. such document may include the contractors preliminary design.1.1.1.8tender” means the letter of tender and all other documents which the cont

32、ractor submitted with the letter of tender, as included in the contract .1.1.1.9appendix to tender” means the completed pages entitled appendix to tender which are appended to and form part of the letter of tender.1.1.1.10schedule of guarantees” and schedule of payments mean the documents so named (

33、if any) which are comprised in the schedules.1.1.2parties and persons1.1.2.1party” means the employer or the contractor, as the context requires.1.1.2.2employer” means the person named as employer in the appendix to tender and the legal successors in title to this person.1.1.2.3contractor” means the

34、 person(s) named as contractor in the letter of tender accepted by the employer and the legal successors in title to this person(s).1.1.2.4engineer” means the person appointed by the employer to act as the engineer for the purposes of the contract and named in the appendix to tender, or other person

35、 appointed from time to time by the employer and notified to the contractor under sub-clause 3.4 replacement of the engineer.1.1.2.5contractors representative means the person named by the contractor in the contract or appointed from time to time by the contractor under sub-clause 4.3 contractors re

36、presentative, who acts on behalf of the contractor.1.1.2.6employers personnel” means the engineer, the assistants referred to in sub-clause 3.2 delegation by the engineer and all other staff, labour and other employees of the engineer and of the employer; and any other personnel notified to the cont

37、ractor, by the employer or the engineer, as employers personnel.1.1.2.7contractors personnel” means the contractors representative and all personnel whom the contractor utilises on site, who may include the staff, labour and other employees of the contractor and of each subcontractor; and any other

38、personnel assisting the contractor in the execution of the works.1.1.2.8subcontractor means any person named in the contract as a subcontractor, or any person appointed as a subcontractor, for a part of the works; and the legal successors in title to each of these persons.1.1.2.9dab” means the perso

39、n or three persons so named in the contract, or other person(s) appointed under sub-clause 20.2 appointment of the dispute adjudication board or sub-clause 20.3 failure to agree dispute adjudication board.1.1.2.10fidic” means the fdration internationale des ingnieurs-conseils, the international fede

40、ration of consulting engineers.1.1.3dates, tests, periods1.1.3.1base date” means the date 28 days prior to the latest date for submission and completion of the tender.1.1.3.2commencement date” means the date notified under sub-clause 8.1 commencement of works.1.1.3.3time for completion” means the ti

41、me for completing the works or a section (as the case may be) under sub-clause 8.2 time for completion, as stated in the appendix to tender (with any extension under sub-clause 8.4 extension of time for completion), calculated from the commencement date.1.1.3.4tests on completion means the tests whi

42、ch are specified in the contract or agreed by both parties or instructed as a variation, and which are carried out under clause 9 tests on completion before the works or a section (as the case may be) are taken over by the employer.1.1.3.5taking-over certificate” means a certificate issued under cla

43、use 10 employers taking over.1.1.3.6tests after completion” means the tests (if any) which are specified in the contract and which are carried out under clause 12 tests after completion after the works or a section (as the case may be) are taken over by the employer.1.1.3.7defects notification perio

44、d” means the period for notifying defects in the works or a section (as the case may be) under sub-clause 11.1 completion of outstanding work and remedying defects, as stated in the appendix to tender (with any extension under sub-clause 11.3 extension of defects notification period), calculated fro

45、m the date on which the works or section is completed as certified under sub-clause 10.1 taking over of the works and sections.1.1.3.8performance certificate means the certificate issued under sub-clause 11.9 performance certificate.1.13.9day means a calendar day and year means 365 days.1.1.4money a

46、nd payments1.1.4.1accepted contract amount means the amount accepted in the letter of acceptance for the execution and completion of the works and the remedying of any defects.1.1.4.2contract price means the price defined in sub-clause 14.1 the contract price, and includes adjustments in accordance

47、with the contract.1.1.4.3cost” means all expenditure reasonably incurred (or to be incurred) by the contractor, whether on or off the site, including overhead and similar charges, but does not include profit.1.1.4.4“final payment certificate” means the payment certificate issued under sub-clause 14.

48、13 issue of final payment certificate.1.1.4.5“final statement” means the statement defined in sub-clause 14.11 application for final payment certificate.1.1.4.6“foreign currency” means a currency in which part (or all) of the contract price is payable, but not the local currency.1.1.4.7“interim paymen