大学精品课件：合同英5FIDIC合同.ppt

1、5. Evaluation and Payment 12. Measurement and Evaluation(p82) Contractor Engineer 12.1 measured by engineer Examine, agree? If no, Notice 10% a new rate or price ii)(quantity) x rate 0.01Price % iii)quantity 1%Cost per unit iv)not as “fixed rate item” , or (b) 13.Variations and Adjustments(P84) Cont

2、ractor Engineer 13.1 Submit a proposal 13.1 Instruction Vary 13.2 Value Engineering (P86) 13.6 Daywork(P88) 12.Measurement &Evaluation Adjustments 13.7 (P90) for Changes in ( P90) Legislation (Contractors Claim) 13.8 for Changes in Cost pn=a+bLn/L0+cEn/E0+dMn/M0+ 5. Evaluation and Payment Typical se

3、quence of Payment Events envisaged in clause 14（pXVIII） 14.3 Contractor submits Statement to the Engineer 14.7 Employer makes the payment to the Contractor Each of the monthly(or otherwise) interim payments 14.6 Engineer issues Interim Payment Certificate 140d Optional Termination: Payment and Relea

4、se 7. Risk and Insurance 17.3 Employers Risks(p114) 17.4 Consequences of Employers Risks: (a) war, hostilities 20.1 Contractors Claim (b) rebellion, terrorism (c) riot (d) munitions of war (e) pressure waves by aircraft (f) use or occupation by Employer of Permanent Works (g) design of Works by Empl

5、oyer (h) Unforeseeable forces of nature which is not reasonably expected for an experienced contractor 7. Risk and Insurance 18.Insurance effective : date of issue 18.2 Insurance for Taking-Over Certificate Works and Contractors Equipment effected and maintained by Contractor as insuring Party in th

6、e joint names of the Parties 18.3 Insurance against Injury to Persons and effective : date of issue Damage to Property Performance Certificate 18.4 Insurance for Contractors Personnel 8. Claims, Disputes and Arbitration Contractor Claims(1) 1.9 Delayed Drawings or Instructions T+C+P 2.1 Right of Acc

7、ess to the Site T+C+P 4.7 Setting Out T+C+P 7.4 Testing(instructions or delay) T+C+P 10.3 Tests on Completion(delay) T+C+P 16.1 Contractors Entitlement to Suspend Work Payment Employers Financial Arrangements T+C+P 17.4 Consequences of Employers Risks T+C (+P) 8. Claims, Disputes and Arbitration Con

8、tractor Claims(2) 4.12 Unforeseeable Physical Conditions T+C 4.24 Fossils T+C 8.9 Consequences of Suspension(Engineers instruction) T+C 13.7 Adjustments for Changes in Legislation T+C 19.4 Consequences of Force Majeure T(+C) 10.2 Taking Over of Parts of the Works C+P 11.8 Contractor to Search defect

9、 cause (required by Engineer) C+P 8.4 Extension of Time for Completion T 8. Claims, Disputes and Arbitration 20.1 Contractor Claims (p128) Contractor claim notice if has a continuing effect send further interim claims at monthly intervals Contractor aware of the event or circumstance a fully detaile

10、d claim report 28d keep contemporary records 42d 42d Engineer give response on the principles of the claim 8. Claims, Disputes and Arbitration 2.5 Employers Claims（30) Employer aware of the claim event give notice to Contractor The Engineer shall then proceed in accordance with 3.5Determinations Amo

11、unt which the Employer is entitled to be paid Extension of Defects Notification Period 8. Claims, Disputes and Arbitration Amicable settlement Conciliation Arbitration Litigation 8. Claims, Disputes and Arbitration 20,2 Parties appoint DAB 20.4 A Party may issue a “notice of dissatisfaction” 8.1 Com

12、mence ment Date 20.4 A Party refers a dispute to the DAB DAB gives its decision Arbitrator/s appointed Amicable settlement 56d 20.6 A Party may initiate arbitration 28d Parties present submission to the DAB 28d 赵振宇教授赵振宇教授 博导博导 华北电力大学经济与管理学院华北电力大学经济与管理学院 TEL: (010)61773150 13522382590 EMAIL: zhaozhenyuxm