FIDIC 1999 1st Edition red book.doc

1、Conditions of Contract for Construction General ConditionsConditions of Contract for ConstructionFor Building and Engineering Works Designed by the EmployerGeneral ConditionsContentsGeneral Conditions11 General Provisions41.1 Definitions41.1.1 The Contract41.1.2 Parties and Persons51.1.3 Dates, Test

2、s, Periods and Completion51.1.4 Money and Payments51.1.5 Works and Goods51.1.6 Other Definitions51.2 Interpretation51.3 Communications51.4 Law and Language51.5 Priority of Documents51.6 Contract Agreement51.7 Assignment51.8 Care and Supply of Documents51.9 Delayed Drawings or Instructions51.10 Emplo

3、yers Use of Contractors Documents51.11 Contractors Use of Employers Documents51.12 Confidential Details51.13 Compliance with Laws51.14 Joint and Several Liability52 The Employer52.1 Right of Access to the Site52.2 Permits, Licenses or Approvals52.3 Employers Personnel52.4 Employers Financial Arrange

4、ments52.5 Employers Claims53 The Engineer53.1 Engineers Duties and Authority53.2 Delegation by the Engineer53.3 Instructions of the Engineer53.4 Replacement of the Engineer53.5 Determinations54 The Contractor54.1 Contractors General Obligations54.2 Performance Security54.3 Contractors Representative

5、54.4 Subcontractors54.5 Assignment of Benefit of Subcontract54.6 Co-operation54.7 Setting Out54.8 Safety Procedures54.9 Quality Assurance54.10 Site Data54.11 Sufficiency of the Accepted Contract Amount54.12 Unforeseeable Physical Conditions54.13 Rights of Way and Facilities54.14 Avoidance of Interfe

6、rence54.15 Access Route54.16 Transport of Goods54.17 Contractors Equipment54.18 Protection of the Environment54.19 Electricity, Water and Gas54.20 Employers Equipment and Free-Issue Material54.21 Progress Reports54.22 Security of the Site54.23 Contractors Operations on Site54.24 Fossils55 Nominated

7、Subcontractors55.1 Definition of “nominated Subcontractor”55.2 Objection to Nomination55.3 Payments to nominated Subcontractors55.4 Evidence of Payments56 Staff and Labour56.1 Engagement of Staff and Labour56.2 Rates of Wages and Conditions of Labour56.3 Persons in the Service of Employer56.4 Labour

8、 Laws56.5 Working Hours56.6 Facilities for Staff and Labour56.7 Health and Safety56.8 Contractors Superintendence56.9 Contractors Personnel56.10 Records of Contractors Personnel and Equipment56.11 Disorderly Conduct57 Plant, Material and Workmanship57.1 Manner of Execution57.2 Samples57.3 Inspection

9、57.4 Testing57.5 Rejection57.6 Remedial Work57.7 Ownership of Plant and Materials57.8 Royalties58 Commencement, Delays and Suspension58.1 Commencement of Works58.2 Time for Completion58.3 Programme58.4 Extension of Time for Completion58.5 Delays Caused by Authorities58.6 Rate of Progress58.7 Delay D

10、amages58.8 Suspension of Work58.9 Consequences of Suspension58.10 Payment for Plant and Materials in Event of Suspension58.11 Prolonged Suspension58.12 Resumption of Work59 Tests on Completion59.1 Contractors Obligations59.2 Delayed Tests59.3 Retesting59.4 Failure to Pass Tests on Completion510 Empl

11、oyers Taking Over510.1 Taking Over of the Works and Sections510.2 Taking Over of Parts of the Works510.3 Interference with Tests on Completion510.4 Surfaces Requiring Reinstatement511 Defects Liability511.1 Completion of Outstanding Work and Remedying Defects511.2 Cost of Remedying Defects511.3 Exte

12、nsion of Defects Notification Period511.4 Failure to Remedy Defects511.5 Removal of Defective Work511.6 Further Tests511.7 Right of Access511.8 Contractor to Search511.9 Performance Certificate511.10 Unfulfilled Obligations511.11 Clearance of Site512 Measurement and Evaluation512.1 Works to be Measu

13、red512.2 Method of Measurement512.3 Evaluation512.4 Omissions513 Variation and Adjustments513.1 Right to Vary513.2 Value Engineering513.3 Variation Procedure513.4 Payment in Applicable Currencies513.5 Provisional Sums513.6 Daywork513.7 Adjustment for Changes in Legislation513.8 Adjustments for Chang

14、es in Cost514 Contract Price and Payment514.1 The Contract Price514.2 Advance Payment514.3 Application for Interim Payment Certificates514.4 Schedule of Payments514.5 Plant and Materials intended for the Works514.6 Issue of Interim Payment Certificates514.7 Payment514.8 Delayed Payment514.9 Payment

15、of Retention Money514.10 Statement at Completion514.11 Application for Final Payment Certificate514.12 Discharge514.13 Issue of Final Payment Certificate514.14 Cessation of Employers Liability514.15 Currencies of Payment515 Termination by Employer515.1 Notice to Correct515.2 Termination by Employer5

16、15.3 Valuation of Date of Termination515.4 Payment after Termination515.5 Employers Entitlement to Termination516 Suspension and Termination by Contractor516.1 Contractors Entitlement to Suspend Work516.2 Termination by Contractor516.3 Cessation of Work and Removal of Contractors Equipment516.4 Paym

17、ent on Termination517 Risk and Responsibility517.1 Indemnities517.2 Contractors Care of the Works517.3 Employers Risks517.4 Consequences of Employers Risks517.5 Intellectual and Industrial Property Rights517.6 Limitation of Liability518 Insurance518.1 General Requirements for Insurances518.2 Insuran

18、ce for Works and Contractors Equipment518.4 Insurance for Contractors Personnel519 Force Majeure519.1 Definition of Force Majeure519.2 Notice of Force Majeure519.3 Duty to Minimize Delay519.4 Consequences of Force Majeure519.5 Force Majeure Affecting Subcontractor519.6 Optional Termination, Payment

19、and Release519.7 Release from Performance under the Law520 Claim, Disputes and Arbitration520.1 Contractors Claims520.2 Appointment of the Dispute Adjudication Board520.3 Failure to Agree Dispute Adjudication Board520.4 Obtaining Dispute Adjudication Boards Decision520.5 Amicable Settlement520.6 Arb

20、itration520.7 Failure to Comply with Dispute Adjudication Boards Decision520.8 Expiry of Dispute Adjudication Boards Appointment51 General Provisions1.1 DefinitionsIn the Conditions of Contract (“these Conditions”), which include Particular Conditions and these General Conditions, the following word

21、s and expressions shall have the meanings stated. Words indicating persons or parties include corporations and other legal entities, except where the context requires otherwise.1.1.1 The Contract1.1.1.1 “Contract” means the Contract Agreement, the Letter of Acceptance, the Letter of Tender, these Co

22、nditions, the Specification, the Drawings, the Schedules, and the further documents (if any) which are listed in the Contract Agreement or in the Letter of Acceptance.1.1.1.2 “Contract Agreement” means the contract agreement (if any) referred to in Sub-Clause 1.6 Contract Agreement.1.1.1.3 “Letter o

23、f Acceptance” means the letter of formal acceptance, signed by the Employer, of the Letter of Tender, including any annexed memorandum comprising agreements between and signed by both Parties. If there is no such letter of acceptance, the expression “Letter of Acceptance” means the Contract Agreemen

24、t and the date of issuing or receiving the Letter of Acceptance means the date of signing the Contract Agreement.1.1.1.4 “Letter of Tender” means the document entitled letter of tender, which was completed by the Contractor and includes the signed offer to the Employer for the Works.1.1.1.5 “Specifi

25、cation” means the document entitled specification, as included in the Contract, and any additions and modifications to the specification in accordance with the Contract. Such document specifies the Works.1.1.1.6 “Drawings” means the drawings of the Works, as included in the Contract, and any additio

26、nal and modified drawings issued by (or on behalf of) the Employer in accordance with the Contract.1.1.1.7 “Schedules” 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 the Bill of Qua

27、ntities, data, lists, and schedules of rates and/or prices.1.1.1.8 “Tender” means the Letter of Tender and all other documents which the Contractor submitted with the Letter of Tender, as included in the Contract.1.1.1.9 “Appendix to Tender” means the completed pages entitled appendix to tender whic

28、h are appended and form part of the Letter of Tender.1.1.1.10 “Bill of Quantities” and “Day work Schedule” mean the documents so named (if any) which are comprised in the Schedules.1.1.2 Parties and Persons1.1.2.1 “Party” means the Employer or the Contractor, as the context requires.1.1.2.2 “Employe

29、r” means the person named as employer in the Appendix to Tender and the legal successors in title to this person.1.1.2.3 “Contractor” means the person(s) named as contractor in the Letter of Tender accepted by the Employer and the legal successors in title to the person(s).1.1.2.4 “Engineer” means t

30、he 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 appointed from time to time by the Employer and notified to the Contractor under Sub-Clause 3.4 Replacement of the Engineer.1.1.2.5 “Contractors Representa

31、tive” 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 Representative, who acts on behalf of the Contractor.1.1.2.6 “Employers Personnel” means the Engineer, the assistances referred to in Sub-Clause 3.2 Delega

32、tion 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 Contractor, by the Employer or the Engineer, as Employers Personnel.1.1.2.7 “Contractors Personnel” means the Contractors Representative and all personnel

33、 whom the Contractor utilizes on Site, who may include the staff, labour and other employees of the Contractor and of each Subcontractor; and any other personnel assisting the Contractor in the Execution of the Works.1.1.2.8 “Subcontractor” means any person named in the Contract as a subcontractor,

34、or any person appointed as a subcontractor, for a part of the Works; and the legal successors in title to each of these persons.1.1.2.9 “DAB” means the person or three persons so named in the Contract, or other person(s) appointed under Sub-Clause 20.2 Appointment of the Dispute Adjudication Board o

35、r Sub-Clause 20.3 Failure to Agree Dispute Adjudication Board.1.1.2.10 “FIDIC” means the Federation Internationale des Ingenieurs-Conseils, the international federation of consulting engineers.1.1.3 Dates, Tests, Periods and Completion1.1.3.1 “Base Date” means the date 28 days prior to the latest da

36、te for submission of the Tender.1.1.3.2 “Commencement Date” means the date notified under Sub-Clause 8.1 Commencement of Works.1.1.3.3 “Time for Completion” means the time 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 t

37、o Tender (with any extension under Sub-Clause 8.4 Extension of Time for Completion), calculated from the Commencement Date.1.1.3.4 “Tests on Completion” means the tests which are specified in the Contract or agreed by both Parties or instructed as a Variation, and which are carried out under Clause

38、9 Tests on Completion before the Works or a Section (as the case may be) are taken over by the Employer.1.1.3.5 “Taking-Over Certificate” means a certificate issued under Clause 10 Employers Taking Over.1.1.3.6 “Tests after Completion” means the tests (if any) which are specified in the Contract and

39、 which are carried out in accordance with the provisions of the Particular Conditions after the Works or a Section (as the case may be) are taken over by the Employer.1.1.3.7 “Defects Notification Period” means the period for notifying defects in the Works or a Section (as the case may be) under Sub

40、-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 from the date on which the Works or Section is completed as certified under Sub-Clause 10.1 Taking Ov

41、er of the Works and Sections.1.1.3.8 “Performance Certificate” means the certificate issued under Sub-Clause 11.9 Performance Certificate.1.1.3.9 “day” means a calendar day and “year” means 365 days.1.1.4 Money and Payments1.1.4.1 “Accepted Contract Amount” means the amount accepted in the Letter of

42、 Acceptance for the execution and completion of the Works and the remedying of any defects.1.1.4.2 “Contract Price” means the price defined in Sub-Clause 14.1 The Contract Price, and includes adjustments in accordance with the Contract.1.1.4.3 “Cost” means all expenditure reasonably incurred (or to

43、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 14.13 Issue of Final Payment Certificate.1.1.4.5 “Final Statement” means the state

44、ment 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 Payment Certificate” means a payment certificate issued under Clause 14 Contract

45、 Price and Payment, other than the Final Payment Certificate.1.1.4.8 “Local Currency” means the currency of the Country.1.1.4.9 “Payment Certificate” means a payment certificate issued under Clause 14 Contract Price and Payment.1.1.4.10 “Provisional Sum” means a sum (if any) which is specified in th

46、e Contract as a provisional sum, for the execution of any part of the Works or for the supply of Plant, Materials or Services under Sub-Clause 13.5 Provisional Sums.1.1.4.11 “Retention Money” means the accumulated retention moneys which the Employer retained under Sub-Clause 14.3 Application for Int

47、erim Payment Certificates and pays under Sub-Clause 14.9 Payment of Retention Money.1.1.4.12 “Statement” means a statement submitted by the Contractor as part of an application, under Clause 14 Contract Price and Payment, for a payment certificate.1.1.5 Works and Goods1.1.5.1 “Contractors Equipment” me