ERAWLEnMes HH Tease OF EP RBM — LSA Conditions of Contract for Plant and Design-Build AT RRAGRT HSA RI RSL Sa He RRB. GAL MS AORN Hest General Conditions Guidance for the Preparation of Particular Conditions Forms of Letter of Tender, Contract Agreement and Dispute Adjudication Agreement3Ei8 53 ( FIDIC) 3c RIE M PES BS ie PUBS it te er Ded AE Conditions of Contract for Plant and Design-Build HREWIEPRKES wig PRLS WHS MAIR HN L THE Le HH F hk KKK KR ZO male BH FT moe wmPEP Me ALATA LA HAE CP SEC A) FEB FIER A&C FIDIC DARL) NCA FUCA BLN eh HD amie. ABKRATMRLE ARM EA, HEAT TART. CRATER ODA, FPN A te ML De a. HR UHL TH RH TRH RE AASB LAE FL He AL MGT A SA, AT RT AR RT eA. SMe te 18 FM SCL A. SLL ANS RT LL AAS MEME ITL-F ts, ACR) OLR Pa a AAR LAR TARA Hh SMT. GA MALE, AROMA EER, RI MECE Me eT AR, MOLE ARS AUR. AAO Ca A BC HE AL A RAR: THT, ANA, SMM EM EA, BIKA E, PRG TAO, THROM. RR Mee, S/H IAT, BRM AA BRAK SRSA AAR. AAA A BVT , TRG LE Se mA ASNEMAORIL EMM PNIPAM HOMAGE, RBM RSSTRER AMM. ART MALM RELA RIC D RIF: 01-2000-1265 5 BRERA (CIP) ei A HT. Bt He Use. BULAN ATAE, 2002.5 (Ae 3 92 (PIDIC) HF) BAX: Conditions of Contract foe Plant and Design-Build ISBN 7-111-10241- X Lee [ge I eae Baa TUT. PAST CIP HH ARF (2002) 58 028534 SURI NEM LAL ese ner EAM 22 AoE 100037) REM. RE REAR, HR SMUG, eR AEE. AY Irie eI EN BLA LS ES AT 200s 5 FRB L382 CEH $80.0 120) wen AA 16.28 HE 518 F ABE 10.00 EER 360.6) SLAB. ADIT, GI. HE. AA a aL AR LIBAN AE HE (010 168993821, 88379646 SH ay PID BeEi 35 ( FIDIC) BH T herewith authorize CNAEC to translate FIDIC’ s publications (hut not the publications as edited by other organizations )into Chinese and publish them. 1 agree with your statement, as part of the agreement, that you will: 8) provide FIDIC with 10 copies ofthe translation per document, and bb) make a statement on the inside cover of the translation thatthe trunslator takes full responsibilty forthe accuracy of the translation and that in case of dispute, the orginal ver- sion in English shall prevail Peter van der TOGT Publications manager (x) Cet, SOBA BT #2 OF id hed UDI th EE aR HP CE HW AJ IEA RS HY HH HD) 6 RAB BR, HAW —A, MIME: a) 19) PIDIC $e BRAS Bt X FF PEAS 10 AR; 1) CEPR SCAM A BL RE BARR Bt A a OR HB EE, OR RR a, CASES A aH YB AM: Peter van der TOGTFIDIC iis the French acronym for the International Federation of Consulting Engineers. IDIC was founded in 1913 by three national associations of consulting engineers within Europe. The objectives of forming the federation were to promote in common the professional interests of the member associations and to disseminate information of interest to members of its component national associations, Te. FIDIC membership numbers more than 60 countries from all parts of the globe and the federation represents most of the private practice consulting engineers in the world, IDIC arranges seminars, conferences and other events in the furtherance of its goals: maintenance of high ethical and professional standards; exchange of views and information; discussion of problems of mutual concer among member associations and representatives of the international financial institutions; and development of the consuiting engineering industry in developing countries, IDIC publications include proceedings of various conferences and seminars, information for consulting engineers, project owners and_ international development agencies, standard pre-qualification forms, contract documents and client/consultant agreements, They are available from the secretariat in Switzerland,FIDIC (PF 4F 8 96") 2 BRS HL IRS SK TS, SFE CFIDIC) #8 th BOWS PB RA Be HI SF 1913 ERAS. MR Be AAS Ea AEE EE A Ab SH ih UH th Se A Bo FR, Hi (FDIC AKA FERS Mt 60 ST MRM MAA, CER ERS RAR iT BIT. TEA (FICHE ARH. SMBAH, CTE tr: MEP aS BALE: SRAAAEE: HERAT ARRSMMARAARG AG; URRRP RRL AR Hit A CPDIC) MRNA: SKANMTTS HL, AL , WERT RARE, RM ERR, SAH. URE ST REREAD MAS. AEE AT UL JAR CE AY SE Se ( FIDIC) BALE AWL “SE jh 5 ( FIDIC) 3c BRI DA” HARB SS TEL ARF EL AE AR, Hy AE A A Filk, FAR Pr il PEIN Se (Be EE SCE FIDIC, 38h RAB 32) LIE A 80 & F, RRL A ALOR RET WAM, SUT ie HKA. HRN ARR HY, BHAA, HORE, 4 HURT ERAS, BARS AKAR MERU MR, BLA i Fr AY EH PE RS RL HE A, PEAT TRL it A a a PE eS HRA, ALA Hy RE BB 1 A ST EAR OE, BR, URTACHEAIREARS TAA ORS. SRMBRAB RS MB) BER, HL a ES EO RE A OE Pi ROR UH A. MERC A RC WTO), ABE REA SE RAAF OA, THOM. HEA TAA AHR, SARGHRA LEA MREAKY, CRAGEZS. +P El TRUE F 1996 FTE CA A Se i eR HF A EE FE SCHR AY BEAL. 9 T GEA MB AEH EAT FH LD, Re TE i Be SCR FAS, HELA “SRAM EMRE AA” FER, RS MBE oh WCE ih Se SEK RS BRAVA “PRIA” AYR, HER KL A OE. ALBTARANB AAR, SARE, ERMC, TERA Mh, PRE, SHAH SH, ROAM RAKA SRR ASB, RREEBH. Gl Te i heSe HIS AAS chs ER Dy iA] LER eC FIDIC WL SE) MES, F 1999 Fo ROY BA al HE BAAR HACE PR Rite LS MER T AE EE A Pe OCA, HRS PALL PT RANSHU RR, PHM THR RL, ET RW. RM MT ae. RAT AR. EAE RAR — WA. HOC A CE PO ee A ET AMR, AACA HR Leo, MUTT MS. 1998 4 Ae IE ERA DA PHT AA, SUR EAR RL, Hee aE TRAM, ESM ESMMAS, F 19909 TERM T RAS OEE Re Mit LAR). AAA HA, MR TR, ER NO a AA ARAL E, RAG TRO, RRO, AR, Bite SE BE RRS HLL Be KS GBR A ED A RE RE, SOE LR LY Ae i AT, BR AA a 2, A LR WLR, RT MTS RRR LER, HEB LRH RRB. HALE?P, RUNARAARKARERER, ORF CUMARSHAKE, & KPH RAL EMAL, SEAT. APLAR. WE, WBE, EAE, AR KAM, EN, RAL HE. FIDIC XMS S MACKNOWLEDGEMENTS Fédération Internationale des Ingénieurs-Conseils (FIDIC) extends special thanks to the following members of its Update Task Group: Christopher Wade (Group Leader), SWECO-VBB, Sweden; Peter L Booen (Principal Drafter), GIBB Ltd, UK; Hermann Bayerlein, Fichtner, Germany; Christopher R Seppala (Legal Adviser, White & Case, France; and José F Speziale, IATASA, Argentina, The preparation was carried out under the general direction of the FIDIC Contracts Committee which comprised John B Bowcock, Consulting Engineer, UK (Chairman); Michael Mortimer-Hawkins, SwedPower, Sweden; and Axel-Volkmar Jaeger, Schmidt Reuter Partner, Germany; together with K B (Tony) Norris as Special Adviser. Drafts were reviewed by many persons and organisations, including those listed below. Their comments were duiy studied by the Update Task Group and, where considered appropriate, have influenced the wording of the clauses. Mushtaq Ahmad, NESPAK, Pakistan; Peter Batty, Post Buckley International, USA; Roeland Bertrams, Gifford Chance, Netherlands; Charles G Borthwick, SwedPower, Sweden; Manfred Breege, Lahmeyer International, Germany; Pablo Bueno, TYPSA, Spain; Nael G Bunni, Consulting Engineer, Ireland; lan Fraser, Beca Carter Hollings & Ferner, New Zealand; Roy Goode, Oxtord University, UK; Dan W Graham, Bristows Cooke & Carpmael, UK; Mark Grifths, Grifiths & Armour, UK; Geoffrey F Hawker, Consulting Engineer, UK; Hesse & Steinberger, VDMA, Germany; Poul E Hvlsted, Elsamprojekt, Denmark; Gordon L Jaynes, Whitman Breed Abbott & Morgan, UK; Tonny Jensen (Chairman of FIDIC Quality Management Committee), COW!, Denmark; Philip Loots & Associates, South Africa; Neil McCole, Merz and McLellan, UK; Tim Reynolds, Constant & Gonstant, UK; Matthew Needham-Laing, Victoria Russell & Paul J Taylor, Berrymans Lace Mawer, UK; David R Wightman & Geriando Butera, Nabarro Nathanson, UK; the Association of Japanese Consulting Engineers; the Construction Industry Authorty of the Philippines; European international Contractors; ORGAnisme de Liaison Industries Métaliques Européennes ((ORGALIME"); the Intemational Association of Dredging Contractors; the Intemational Bar Association; the Asian Development Bank; and the World Bank. Acknowledgement of reviewers does not mean that such persons or organizations approve the wording of all clauses. FIDIC wishes to record its appreciation of the time and effort devoted by all the above. ‘The ultimate decision on the form and content of the document rests with FIDICSit RS th TIERS SC FIDIC HEH) ALE 3 SWECO-VBB # Christopher Wade (41); 12 GIBB # RA #1 HY Peter L Booen (224A); $4 Fichtner # Hermann Bayerlein; 3: [White & Case # Christopher R Seppala (3 AF BEF); DLE ALE IATASA #4 Jose F Speziales APAAMDICHMEASSHHS THAT, RERSRK OH: AOE ‘1-42 John B Bowcock (3); 98% SwedPower # Michael Mortimer-Hawkins; 8 Hl Schmidt Reuter Partner # Axel-Volkmar Jaeger; Ui Jt 4 #48 81 81] 8 KB (Tony) Norris. SRUATAHSARPERTR, EMHELERHMIEMRAAR, AW RAHELARRELHHR SE. REAR MARAB: EAH NESPAK HH Mushtaq Ahmed; 3! Post Buckley Intemational & Peter Batty; 4° Clifford Chance #4 Roeland Bertrams; 4% SwedPower 7 Charles G Borthwick; # [8] Lahmeyer Intemational fy Manfred Breege: USE TYPSA #fy Pablo Bueno; & 4° 2 #y #638) 48% Nael G Bun- nis 87% Beca Carter Hollings & Femer #) lan Fraser; % Hl 48 2 #4 Roy Goode: 3E1E Bristows Cooke & Carpmael # Dan W Graham; 3%! Griffiths & Armour # Mark Grifiths; 21 #5 2 C48 IF Geoffrey F Hawkers #85) VDMA # Hesse & Steinbergers rH Elsamprojekt # Poul E Hvilsteds 3%] Whitman Breed Abbott & Morgan # Gordon L Jaynes; J+ COW! # Tonny Jensen (FIDIC KS BERS ER); BAH Philip Loots & Associates; 3€ 18) Merz and MeLellan # Neil McCole: 3 If) Constant & Constant ff) Tim Reynolds; 21) Berrymans Lace Mawer & Matthew Needham-Laing, Victoria Rus- sell & Paul J Taylor; #1 Nabarro Nathanson # David R Wightman & Geslando Butera; BACWIGNHS, ERRRRILA, KM ORACHS: MAERUA SAR(ORGALIME); TRRRAG HS: ORACHS: ERTRM A, OL REEMA HARK, PARR RBA RAR AH FRACDIKLAHAAR PARE He MAH, RRM. AEX th a A fe A a ke oh ARK (FIDIC) fhFOREWORD ‘The Fédération Internationale des Ingénieurs-Conseils (FIDIC) published, in 1999, First Editions of four new standard forms of contract: Conditions of Contract for Construction, which are recommended for building or engineering works designed by the Employer or by his representative, the Engineer. Under the usual arrangements for this type of contract, the Contractor constructs the works in accordance with a design provided by the Employer. However, the works may include some elements of Contractor-designed civil, mechanical, electrical and/or construction works. Conditions of Contract for Plant and Design-Build, which are recommended for the provision of electrical and/or mechanical plant, and for the design and execution of building or engineering works. Under the usual arrangements for this type of contract, the Contractor designs and Provides, in accordance with the Employer's requirements, plant and/or other works; which may include any combination of civil, mechanical, electrical and/or construction works. Conditions of Contract for EPC/Turnkey Projects, which may be suitable for the provision on a turnkey basis of a process or power plant, of a factory or similar facility, o of an infrastructure project or other type of development, where () a higher degree of certainty of final price and time is required, and (ji) the Contractor takes total responsiblity for the design and execution of the project, with litte involvement of the Employer. Under the usual arrangements for turkey projects, the Contractor carries out all the Engineering, Procurement and Construction (EPC): providing a fully-equipped facility, ready for operation (at the "turn of the key") ‘Short Form of Contract, which is tecommended for building or engineering works of relatively small capital value. Depending on the type of work and the circumstances, this form may also be suitable for contracts of greater value, particularly for relatively simple or repetitive work or work of short duration. Under the usual arrangements for this type of contract, the Contractor constructs the works in accordance with a design provided by the Employer or by his representative (if any), but this form may also be suitable for a contract which includes, or wholy comprises, Contractor-designed civil, mechanical, electrical and/or ‘construction works. The forms are recommended for general use where tenders are invited on an international basis. Modifications may be required in some jurisdictions, particularly if the Conditions are to be used on domestic contracts. FIDIC considers the oficial and authentic texts to be the versions in the English language. In the preparation of these Conditions of Contract for Plant and Design-Build, it was recognised that, while there are many sub-clauses which will be generally applicable, there are some sub-clauses which must necessarily vary to take account of theBe SEM LEW RES (FDIC HHWK)F 1999 FMT ORAM RRBA Ri (KIS RH, HERTSMERARALAMRTHARKIARE, AHR AH PLE, CANMAAMERRORTRTRI. CRIATARB OR AMT HEAL LR, BA POL) HAHKE EBD, (EFREPRH HIS MAD, REAFEN SE LMARE PEER, URRERLEHKH ERI, KASMMOASHAS, GROWER RERR, RP PRAE A Ra (CRRA LM, TAMER, MR. BR) ee 4. CRT RM ML (EPC)/RA RIBS MAH), THATURARHARAMIRAARS. LORA WKH, RAK BLERABARHARRE. RAHA, (i) RE RA HB ER ILMEARAERHREE, GI) ORCA HE i Sa BR, MENARD. RARIBAEHHAS, PREMATS BH Ht. RM PMICEPC): RA-AE SRSA, (OR AAR EL) Bf. (MAS ABR), HEATRASARAHRARLERE, MHLEAAAHA AMR, ACHRLTHTRARAAM ASH, HRA T ARLE RENT EX IMRAH LE. ROSMHAPHRE, SAOMRARERK ADRS RENKRHRTLERI, CRABALTARTRBERAS BARA RR HT OL OR ALAR RR KASMHRAPSEOR ARO RAK, CLATECRE, HURATOR SMR, Tit Ste, RE R(DICUH, FA, RR MRK BARK Mo ERSACEPREPRHMISARAD PGA, RHE SERAT OAR, 18 Ae hk AS Oe SL AR A EH AA OE xcircumstances relevant to the particular contract. The sub-clauses which were considered to be applicable to many (but not all) contracts have been included in the General Conditions, in order to facilitate their incorporation into each contract. The General Conditions and the Particular Conditions will together comprise the Conditions of Contract governing the rights and obligations of the parties. It will be necessary to prepare the Particular Conditions for each individual contract, and to take account of those sub-clauses in the General Conditions which mention the Particular Conditions. For this publication, the General Conditions were prepared on the following basis: {) interim payments, in respect of the lump sum Contract Price, will be made as work proceeds, and will typically be based on instalments specified in a schedule; (i) if the wording in the General Conditions necessitates further data, then (unless it is so descriptive that it would have to be detailed in the Employer's Requirements) the sub-clause makes reference to this data being contained in the Appendix to Tender, the data either being prescribed by the Employer or being inserted by the Tenderer; (ii) where a sub-clause in the General Conditions deals with a matter on which different contract terms are likely to be applicable for diferent contracts, the Principles applied in writing the sub-clause were: (2) users would find it more convenient if any provisions which they did not wish to apply could simply be deleted or not invoked, than if additional text had to be written (in the Particular Conditions) because the General Conaitions did not cover their requirements; or (0) in other cases, where the application of (a) was thought to be inappropriate, the sub-clause contains the provisions which were considered applicable to most contracts. For example, Sub-Clause 14.2 [Advance Payment] is included for convenience, not because of any FIDIC policy in respect of advance payments. This Sub-Clause becomes inapplicable (even ifit is not deleted) tit is disregarded by not specifying the amount of the advance. It should therefore be noted that some of the provisions: contained in the General Conditions may not be appropriate for an apparently-typical contract. Further information on these aspects, example wording for other arrangements, and other explanatory material and example wording to assist in the preparation of the Particular Conditions and the other tender documents, are included within this Publication as Guidance for the Preparation of the Particular Conditions. Before incorporating any example wording, it must be checked to ensure that it is wholly suitable for the particular circumstances; if not, it must be amended. ‘Where example wording is amended, and in all cases where other amendments or additions are made, care must be taken to ensure that no ambiguity is created, either with the General Conditions or between the clauses in the Particular Conditions. It isKCCFSS SMH, CHERMMAHE, URHABM SA. RARAORARER AGREE ANDRA HEME. HERES A, SEERHREMAH, HESRMARA-ERRPRA EMRE Be KXAMAR GHEE OS: (i) AFRROMPHAM TTR, FALEAR, —RRBME HAM WiTMR HS Gi) DRMARAP HHA EER FHA MELA TER, LAE MEERPHEGRA), Lot, AAHARAAHOSERRARRE, BRA GMERE, RERBARA; (ii) AMARA PRER-BRHAR, TRS SAAS AREAS TARA LB, Me Oke Ae OM (a) RAP RASA RRNR TAM EMM FMRA AMR, BR BAMARRPREOEENMER, WLR AERA EBS HmRKEA RAS; (b) EAA )RHARRALTERAKECHRT, CRAKASSH UW at K GH BAB HE A HAL. Phi, AM 14.2 RWIS TR, HW aM (MDIC)A FHT EHETAKH. OREAKHFRARMATRMH DR MAMBS, WR (BRAR MR) LHE ALA. Bab, PERMA TES — AR ZARMOMTRTER. RLF DAR-FRH, AARATHKAKR, URPHRT SARA ORE BREHKERMEHA RAR, MEERA SMAART HME. E AEM AAR, LAURA, ARATARS AMR, FOL MH fi a. SHEARARABA, URFAREPARH RAAT, ZAERARKS BARHLH REARS KM ARPA CHL, HARHEET aessential that all these drafting tasks, and the entire preparation of the tender documents, are entrusted to personnel with the relevant expertise, including the contractual, technical and procurement aspects. This publication concludes with example forms for the Letter of Tender, the Appendix to Tender (providing a checkist of the sub-clauses which refer to i), the Contract Agreement, and alternatives for the Dispute Adjudication Agreement. This Dispute ‘Adjucication Agreement provides text for the agreement between the Employer, the Contractor and the person appointed to act either as sole adjudicator or as a member of a three-person dispute adjudication board; and incorporates (by reference) the terms in the Appendix to the General Conditions. FIDIC intends to publish a guide to the use of its Conditions of Contract for Construction, for Plant and Design-Build, and for EPC/Turnkey Projects. Another relevant FIDIC publication is “Tendering Procedure", which presents a systematic ‘approach to the selection of tenderers and the obtaining and evaluation of tenders. In order to clarify the sequence of Contract activities, reference may be made to the charts on the next two pages and to the Sub-Clauses listed below (some Sub-Clause Numbers are also stated in the charts). The charts are illustrative and must not be taken into consideration in the interpretation of the Conditions of Contract. 14.8.1 & 13.7 Base Date 1.1.3.2 & 81 Commencement Date 1.1.6.6 & 42 — Performance Security 1.1.4.7 & 14.3 Interim Payment Cerificate 1.1.3.3 & 8.2 Time for Completion (as extended under 8.4) 14.3.4 & 9.1 Tests on Completion 1.1.8.5 & 10.1. Taking-Over Cerificate 1.1.3.6 & 12.1 Tests after Completion (if any) 1.1.3.7 & 11.1. Defects Notification Period (as extended under 11.3) 1.138 & 11.9 Performance Certificate 1.144 & 14.13 Final Payment Certificate#, UREAB REARS, REARAHRENSRHAR, HSM, RAAB BH REA ARAR GHAR, RRPHRRRAAA MPAA SHRER). OM RGREANFMRABRA NAGA. REMRADUBRAT ME KE WHR ES HR-RAARSASMRAERS PH — SAAS RH A, HCA )ART MARE EH. HM (FDIC) RACH I AMAA) CEP RE RTM MAD. RGR RM HL (EPC)/RARLES MAHA Ae. HAR (PIDIC) OB — OB A CH AR AR PD OS HER AAR AH HE ET -S ARNT. ATERSEAGAEAHME, THAT ROR POR TASER ABR E AEOAH RH). RERRRRAEM, THERE RAM, 13.14 13.7 REM 3.2%81 FLIER 6.64.2 BBR 1 1 me 114.7 414.30 MOP AER 1.1.3.3 # 8.2 RL (RRB 8.4 KH RK) 1.1.3.4 91 RIRE 1.13.5 # 10.1 Seat 1.1.3.6 12.1 RIGRR(ERA) 11.3.7 #11. MPR AGE 113 A EK) 1.1.3.8 11.9 BAER 1.1.4.4 14.13 RARER#, UREAB REARS, REARAHRENSRHAR, HSM, RAAB BH REA ARAR GHAR, RRPHRRRAAA MPAA SHRER). OM RGREANFMRABRA NAGA. REMRADUBRAT ME KE WHR ES HR-RAARSASMRAERS PH — SAAS RH A, HCA )ART MARE EH. HM (FDIC) RACH I AMAA) CEP RE RTM MAD. RGR RM HL (EPC)/RARLES MAHA Ae. HAR (PIDIC) OB — OB A CH AR AR PD OS HER AAR AH HE ET -S ARNT. ATERSEAGAEAHME, THAT ROR POR TASER ABR E AEOAH RH). RERRRRAEM, THERE RAM, 13.14 13.7 REM 3.2%81 FLIER 6.64.2 BBR 1 1 me 114.7 414.30 MOP AER 1.1.3.3 # 8.2 RL (RRB 8.4 KH RK) 1.1.3.4 91 RIRE 1.13.5 # 10.1 Seat 1.1.3.6 12.1 RIGRR(ERA) 11.3.7 #11. MPR AGE 113 A EK) 1.1.3.8 11.9 BAER 1.1.4.4 14.13 RARERIssue of the Submission Issue ofthe 8.1 ‘Tender Documents Base Date ed Tender period Typical sequence of Prin« of the Tender Lotter of Commencement Acceptance Date 82 Time for i Completion ————O—— <28d 4.2 Issue of the Performance Security = 10.1 Issue of 11.9 Issue of ‘Taking-Over Performance Cerificate Certfcate Defects Notification Period Delay attributable 11 Noting | <2id tothe Contractor? 9.1 Tests on ‘Completion* of Defects, 2 Remedying — of Defects 4.2 Retun of ‘the Performance Security al Events during Contracts for Plant and Design-Build 4, The Time for Completion is to be stated (in the Appendix to Tender) as a number of days, to which is added any extensions of time under Sub-Clause 8.4. 2. In order to indicate the sequence of events, the above diagram is based upon the example of the Contractor failing to comply with Sub-Clause 8.2. 3. The Defects Notification Period is to be stated (in the Appendix to Tender) as a number of days, to which is added any extensions under Sub-Clause 11.3. 4. Depending on the type of Works, Test after Completion may also be required,a] xt 8 a As zB Es ae 8.27 as am aia’ AR << <>} ‘Bee Mila 4.2 Bit 91 RI 154) —e] AHARR wet RE 42 BE ARE SP RSMgit -HLAG PRESS AH h 1 RTA) CHERAB SHIRE) MCA, IRR 8.4 HVE TEE KM. 2 WT RAINE, RD ALMA REM 8.2 AIRE BN 3. RIAU CBR HARE) ALR Rea, LAM 11.3 ARNEL TREK. 4 UR TARNAM, HIER Te.a] xt 8 a As zB Es ae 8.27 as am aia’ AR << <>} ‘Bee Mila 4.2 Bit 91 RI 154) —e] AHARR wet RE 42 BE ARE SP RSMgit -HLAG PRESS AH h 1 RTA) CHERAB SHIRE) MCA, IRR 8.4 HVE TEE KM. 2 WT RAINE, RD ALMA REM 8.2 AIRE BN 3. RIAU CBR HARE) ALR Rea, LAM 11.3 ARNEL TREK. 4 UR TARNAM, HIER Te.143 Contractor 14.6 Engineer 14.7 Employer makes submits Statement ‘sues Interim the payment to the to the Engineer Payment Certiicate Contractor Each of the ‘monthly (or otherwise) interin payments The final Engineer varies the payment statement, Contractor ‘submit information 14.11 Contractor submits 14.11 Contractor 14.13 Engineer issues 14.7 Employer raft final statement to the submits Final Statement Final Payment makes payment Engineer and the 14.12 discharge Certiicate Typical sequence of Payment Events envisaged in Clause 14 Party gives 20.2 Parties 20.4 A Party refers 20.4.APartymay 206A Party Potice of the appoint the a dispute to the issue a ‘notes of may inate Intention to DAB Das. dssatistaction’ arbitration refer a dispute toaDAB Patties present Amicable submissions to the DAB, settlement DAB gives Arbitrators its decision appointed ‘Typical sequence of Dispute Events envisaged in Clause 20 MI143 ROR 146 LG 14.7 ME ae BRIE aan RRR AWE sik A ober SOR fa) PP HTK Re Bee AR BERR BRA Bk 6K aS SRS 14.11 A 14.11 ROM 1413 DEN Leamie RRA RARE RANI 1412 SREB es S14 Hi AH HS eT yk 202 WH 20.4 — ri 206 wea | fe SARK DL DABHER © DAB DAB te SRIF] DAB HH shake HRA SE 20 Fe PA AB A AE SaSFA Sef (GENERAL CONDITIONS Rem tae GUIDANCE FOR THE AE! BE Oh ABE it oa Fr led FE BOR A Ar DLA Conditions of Contract HIRT NAG HE . | FORMS OF LETTER OF for PLANT and Design-Build pee DISPUTE. ADIUD AGREEMENT AF WAG RH Hh LAME VAR R fo LA FOR ELECTRICAL AND MECHANICAL WORKS AND FOR BUILDING AND ENGINEERING. WORKS DESIGNED BY THE CONTRACTOR BRR General Conditions Re & i TR wPR ES FEDERATION INTERNATIONALE DES INGENIEURS-CONSEILS INTERNATIONAL FEDERATION OF CONSULTING ENGINEERS INTERNATIONALE VEREINIGUNG BERATENDER INGENIEURE FEDERACION INTERNACIONAL DE INGENEROS CONSOLTORES. @Seton ene 1.10 ww 442 1.13 1.44 24 22 23 24 25 34 3.2 33 34 35 44 4.2 43 44 General Conditions CONTENTS GENERAL PROVISIONS . 4 Definitions Interpretation ‘Communications Law and Language Priority of Documents Contract Agreement Assignment Care and Supply of Documents Errors in the Employer's Requirements Employer's Use of Contractor's Documents Contractor's Use of Employer's Documents Confidential Details Compliance with Laws Joint and Several Liabilty ‘THE EMPLOYER - 28 Right of Access to the Site Permits, Licences or Approvals Employer's Personne! Employer's Financial Arrangements Employer's Ciaims THE ENGINEER .. --32 Engineer's Duties and Authority Delegation by the Engineer Instructions of the Engineer Replacement of the Engineer Determinations THE CONTRACTOR 34 Contractor's General Obigations Performance Security Contractor's Representative Subcontractors1 ME Ll EX 1.2 RE 1.3 MCT 14 KAA LS SCARRIGOCF 1.6 APN 1.7 BUS FRiE 1.8 SUPP RO RR EPA BE 1.9 BOR pags 110 Fi ER AE 1 ARLE BESO 1.12 REBT 1.13 SRA 1,14 SERA BAIL 2 mE 21 RHA 2.2 PFE SRR E 2.3 REAR 2.4 MEMO BES HE 2.5 MER 3 Lem - 3.1 LRSM 3.2 LW HE 3.3 Lani AHA 3.4 TRIER 3.5 OE 4 AG 41 LPR 4.2 LHR 43 RR 4.4 OR45 46 47 48 49 4.10 ant 442 413 414 4.15 4.16 417 4.18 4.39 4.20 421 4.22 4.23 4.24 54 52 53 54 58 56 57 58 64 62 63 64 65 66 67 68 69 6.10 6.41 7A 72 73 74 75 76 77 78 Nominated Subcontractors Co-operation Setting Out Satety Procedures Quality Assurance Site Data Sufficiency of the Accepted Contract Amount Unforeseeable Physical Conditions Rights of Way and Facilities Avoidance of interference ‘Access Route Transport of Goods Contractor's Equipment Protection of the Environment Electricity, Water and Gas Employer's Equipment and Free-Issue Material Progress Reports Security of the Site Contractor's Operations on Site Fossils DESIGN General Design Obligations Contractor's Documents Contractor's Undertaking Technical Standards and Regulations Training As-Built Documents Operation and Maintenance Manuals Design Error ‘STAFF AND LABOUR ... - 58 Engagement of Staff and Labour Rates of Wages and Conditions of Labour Persons in the Service of Employer Labour Laws Working Hours Faciities for Staff and Labour Health and Safety Contractor's Superintendence Contractor's Personne! Records of Contractor's Personnel and Equipment Disorderly Conduct PLANT, MATERIALS AND WORKMANSHIP. . Manner of Execution Samples Inspection Testing Rejection Remedial Work (Ownership of Plant and Materials Royalties4.5 EAT 4.6 She 4.7 BR 48 RB 4.9 RR PRE 4.10 BUS BE 4.1L PRES BATE SE 4.12 AAT BULA ARE 4.13 RFT AL 4.14 BRP 41S ERE 4.16 ME 17 ALAR 4.18 PSR 4.19 LACAN AT 4.20 MER 6 MRR ROHN 4.21 HEBEL 4.22 BARE 4.2 RALPH EL 4.24 5S Bit - 5.1 RHR — MER 5.2 ARR 5.3 RMR 5.4 RPE AER 5.5 38M 5.6 ROR 5.7 PRB EH 5.8 RiP 6 AX - 6.1 AAD 6.2 CBRE RS abate 63 Hit ERE AAR 6.4 HK 6.5 Lente) 6.6 WA TRB Hi 6.7 RMR S 6.8 Ra ME 6.9 RAR 6.10 RAMA RMR MIR 6.1 TRH 1 Shite WAL E TA SHG 7.2 Rea 73° fat 7.4 te 75 HB 7.6 4h Le 7.7 SPAREN EAB 7.8 LTR)8 COMMENCEMENT, DELAYS AND SUSPENSION ....... 8.1 Commencement of Work 8.2 Time for Completion 83 Programme 8.4 Extension of Time for Completion 8.5 Delays Caused by Authorities 8.6 Rate of Progress 87 Delay Damages 8.8 Suspension of Work 8.9 Consequences of Suspension 8.10 Payment for Plant and Materials in Event of Suspension 8.11 Prolonged Suspension 8.12 Resumption of Work 9 TESTS ON COMPLETION .....-... 02202020 eeeee eee 9.1. Contractor's Obligations 9.2 Delayed Tests 9.3 Retesting 9.4 Failure to Pass Tests on Completion 10 EMPLOYER'S TAKING OVER «6.2.20... 0020 00ee eee 10.1 Taking Over of the Works and Sections 10.2 Taking Over of Parts of the Works 10.3 Interference with Tests on Completion 10.4. Surfaces Requiring Reinstatement 11 DEFECTS LIABILITY 11.1 Completion of Outstanding Work and Remedying Detects 11.2. Cost of Remedying Defects 11.3. Extension of Defects Notification Period 11.4. Failure to Remedy Defects 11.5. Removal of Defective Work 11.6 Further Tests 11.7 Right of Access 11.8 Contractor to Search 11.9 Performanos Certificate 11.10 Untutfited Obigations 11.11 Clearance of Site 12 TESTS AFTER COMPLETION 12.1 Procedure for Tests after Completion 12.2. Delayed Tests 12.3. Retesting 12.4 Failure to Pass Tests after Completion 13. VARIATIONS AND ADJUSTMENTS .......... peeeeee reece 13.1 Right to Vary 13.2 Value Engineering 13.3 Variation Procedure -6E 74 -76 808.1 8.2 8.3 84 8.5 8.6 87 88 89 8.10 a. 8.12 91 9.2 93 9.4 10 MER --- 10.1 10.2 10.3 10.4 n wt u2 3 14 ws 1.6 7 us 19 11.10 ite 1 12.2 123 24 Bd 13.2 B3 FL, GROw LeHAL oR Let fal EET RINE HPHER PERSE Re TTR KNEE aL eI RAM ERR ReRH AMMART RK DR ea BALAK TROT ERR WRIGME oe 81 FER FE LE AM HERR REESE FIR PRON HE AREER BHARANLE -FRE BAR ae AES FAT A RAB RIG ROG RRO ERA RRR FATRI SR Renae 2H ale REDE13.4 13.5 136 137 13.8 14 144 142 143 14.4 145 146 14.7 148 149 Payment in Applicable Currencies Provisional Sums Daywork, Adjustments for Changes in Legisiation Adjustments for Changes in Cost CONTRACT PRICE AND PAYMENT The Contract Price ‘Advance Payment Application for Interim Payment Certificates Schedule of Payments Plant and Materials intended for the Works Issue of interim Payment Certificates Payment Delayed Payment Payment of Retention Money 14.10 Statement at Completion 14.11 Application for Final Payment Certiticate 14.12 Discharge 14.13 Issue of Final Payment Certificate 14.14 Cessation of Employer's Liability 14.15 Currencies of Payment 15 15.1 16.2 15.3 15.4 15.5 16 16.1 16.2 16.3 16.4 17 7A 172 173 17.4 175 178 18 18.4 18.2 18.3 18.4 TERMINATION BY EMPLOYER Notice to Correct Termination by Employer Valuation at Date of Termination Payment after Termination Employer's Entitlement to Termination SUSPENSION AND TERMINATION BY CONTRACTOR Contractor's Entitlement to Suspend Work Termination by Contractor Cessation of Work and Removal of Contractor's Equipment Payment on Termination RISK AND RESPONSIBILITY Indemnities Contractor's Care of the Works Employer's Risks Consequences of Employer's Risks Intellectual and Industrial Property Rights Limitation of Liability INSURANCE «2.2.6.0. 00sec cece eee eee General Requirements for Insurances Insurance for Works and Contractor's Equipment Insurance against Injury to Persons and Damage to Property Insurance for Contractor's Personnel 96 108 112 16 12¢34 135 36 3.7 BS A 4.2 43 44 4s 4.6 147 48 49 14.10 14.11 14.12 14.13 Ms 14.15 15.1 15.2 153 15.4 18.5 16 16.1 16.2 16.3 mA 1.2 73 14 15 11.6 18.1 18.2 18.3 18.4 UB ANSE Th Se ht HSB HELE BCE aR eA a aie - AMT wT a UE ‘fiat WR OLD LARA PR de iP aE Be 118 ERIK RESALE RTE RATE EA REAR MRR RSE ak Sef HS mE, ae REE Sek A RATE OE Seabee SEE ALA RA we et RLM LEA Hi ea ek PEL THE AR a He PEER ATK ARSRE- PRA RAGA Fa EHO RB Jib EP A aR FUR LATA TERE RR BERGA — BIR THAR AOR ASGHAR RAL ARR10 19 19.4 19.2 19.3 19.4 198 19.6 19.7 20 20.1 20.2 203 20.4 205 20.6 20.7 208 FORCE MAJEURE 2.2.0.0. e cece cece cence eter 2 Definition of Force Majeure Notice of Force Majeure Duty to Minimise Delay ‘Consequences of Force Majeure Force Majeure Affecting Subcontractor Optional Termination, Payment and Release Release from Performance under the Law CLAIMS, DISPUTES AND ARBITRATION .....-..- 2-56-55 = 13t Contractor's Claims Appointment of the Dispute Adjudication Board Failure to Agree Dispute Adjudication Board Obtaining Dispute Adjudication Board's Decision Amicable Settlement Axbitration Failure to Comply with Dispute Adjudication Board's Decision Expiry of Dispute Adjudication Board's Appointment APPENDIX GENERAL CONDITIONS OF DISPUTE ADJUDICATION AGREEMENT .. .140 INDEX OF SUB-CLAUSES ....... 5 : 18219.1 19.2 19.3 19.4 19.5 19.6 19.7 20.1 20.2 20.3 0.4 20.5 20.6 20.7 20.8 wR ERG» RMR ee ADRAWEX AATRAH EA HERE BNR AFTRA HER ANRACEA AERA, RAR PRL RR, HMA RAM ORE PMBAREAAN ER PMR ASABE —H RRPMRRE A SHE BEM He REMTPRARRER SWE PRRREA SEM “131 PRA RR 1412 Definitions listed alphabetically 1.44 1.4.9 13.4 1.3.2 112 1.4.2 1.2.3 1.6.1 1.5.1 1.2.7 1.47 1.2.5 143 1.6.2 1.29 1.39 1.37 4.22 1.63 126 BRE 1.24 1.2.10 14.4 1.48 1.6.4 1.4.6 1.5.2 14,7 ‘Accepted Contract Amount Appendix to Tender Base Date Commencement Date Contract Contract Agreement Contract Price Contractor Contractor's Documents Contractor's Equipment Contractor's Personnel Contractor's Proposal Contractor's Representative Cost Country DAB day Defects Notification Period Employer Employer's Equipment Employer's Personnel Employer's Requirements Engineer Fipic Final Payment Certificate Final Staternent Force Majeure Foreign Currency Goods Interim Payment Certificate 1.6.5 14.3 144 1.48 15.3 1.24 1.4.9 13.8 1.66 1.5.4 15.5 1.4.10 1.4.14 11.6 4.1.10 1.4.10 15.6 1.67 1.4.12 1.28 135 1.5.7 11.8 1.3.6 1.34 1.33 1.68 16.9 15.8 1.3.9 Laws Letter of Acceptance Letter of Tender Local Currency Materials Party Payment Certificate Performance Certificate Performance Security Permanent Works Plant Provisional Sum. Retention Money ‘Schedules ‘Schedule of Guarantees ‘Schedule of Payments Section Site Statement ‘Subcontractor Taking-Over Certificate Temporary Works Tender Tests after Completion Tests on Completion ‘Time for Completion Unforeseeable Variation Works yearRPRGFH NEL ABR FBI BUTEA PE CDS EE FEE) LALA PRS AI OT 1110 RIE 112 SPB 114.12 RR 1.1.5.2 em 116.9 2 1131, 1164 Ra 113.5 sNCHES 1168 AATBR 113.6 RT eitHR 1.15.3 aA 1.1.3.3 sR Lethal 1.14.3 BAR BU) 2 11230 RO FT 112.5 ARATE ite LLL7 AGAR 1.1.6.6 AR 1.1.2.7 RAR A 113.8 RAB 115.1 RALPR 11390 116.1 FRED HE 114.7 PIER 1.15.6 Sf TE 1.1.3.7 SRE OR 114.8 46ST 113.9 ACR) 12 SRI) 1Ls.s AP ibe 1.1.6.5 eR LL4 HR 112.8 | SPQ it L118 tert LALO taka 11g Rat 114.9 fai 114.6 Sb 1.1.5.8 Le BH 11.24 Lei KATE 11.6.2 CARBFAERR ASB 11.2.2 WBE PURRBAS 1.1.2.6 BEAR oR 1.1.6.3 RE PES LAS ERR FRR 1.12.10 BBR EA LAW A (ABIES) 1.1.4.5 BARR LLL il L144 RRA AGEGUDANCE FORMS cerbrat Provisions 1 Definitions wa The Contract 14 ln the Conditions of Contract ("these Conditions"), which include Particular Conditions and these General Conditions, the folowing 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. 14d 1A 13 14 114.5 4446 AAAT 118 14.19 "Contract" means the Contract Agreement, the Letter of Acceptance, the Letter of Tender, these Conditions, the Employer's Requirements, the Schedules, the Contractor's Proposal, and the further documents (if any) which are listed in the Contract Agreement or in the Letter of Acceptance. “Contract Agreement" means the contract agreement (if any) referred to in Sub-Clause 1.6 [Contract Agreement] “Letter 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 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 “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. “Employer's Requirements’ means the document entitled employer's requirements, as included in the Contract, and any additions and modifications to such document in accordance with the Contract. Such document specifies the purpose, scope, and/or design and/or other technical criteria, for the Works. “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 inclide data, lists and schedules of payments and/or prices. "Contractor's 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 Contractor's preliminary design. “Tender” means the Letter of Tender and all other documents which the Contractor submitted with the Letter of Tender, as included in the Contract “Appendix to Tender’ means the completed pages entitled appendix to tender which are appended to and form part of the Letter of Tender.A &® + 1 RE TERRE ARE"), LR RRAARREEE F ie EE AUF Xo REF RAABRI, ARAM RE PIE FLEA LL LLL L113 LLL Laas L116 LLLT L118 119 “A” AAA, PH, RR, FAM, BERR, FH, ROME, UA ee Hak Pam Pt IE BE BOSH MRA). “SAU” AA 1.6K (SMM) HATA AMR RA). “PRR” KHMESRHEARR ARMM AT, VMS ARAMSAOANM EATER. MAMA PP, NUR” ARERR, LARA PRB HARA MNO Sam “Sh” AGERORATHS HR BNXH, MERC STH MEN LER. “MEBR AHORA PS OMEMR OK, RRA FERAL MT AEA AL, HAE A BA, ARC) MM) FER ARE. FAR RAMPS bs HR, AOS RHEE. HSA BUSH. AAS Re A AN at aA Ht RL Fe AN (BR Be RAR AEAREAM + ROR BRS OE DISC. HSC sR A EIT. “BORN” RATA OP EI OS ch Ca ET RATA “SRBNR KMS OS WR RO, AER OR RE TE ARTS 158 3 FORMS 112 Parties and Persons 11.3 Dates, Tests, Periods and Completion 16 1 1 1 1 4.4.40 424 1.22 1.23 1.2.4 1.25 126 12.7 1.28 1.29 1.2.10 1.3.4 1.3.2 1.33 "Schedule of Guarantees" and "Schedule of Payments’ mean th documents so named iif any) which are comprised in the Schedules. “Party” means the Employer or the Contractor, as the context requires. “Employer” means the person named as employer in the Appendix t Tender and the legal successors in title to this person. “Contractor” means the person(s) named as contractor in the Letter c Tender accepted by the Employer and the legal successors in title to thi personis). “Engineer” means the person appointed by the Employer to act as th Engineer for the purposes of the Contract and named in the Appendix t Tender, or other person appointed from time to time by the Employer an notified to the Contractor under Sub-Clause 3.4 [Replacement of th Engineer} “Contractor's Representative’ means the person named by th Contractor in the Contract or appointed from time to time by the Contract under Sub-Ciause 4.3 [Contractor's Representative], who acts on behalf the Contractor. “Employer's Personnel” means the Engineer, the assistants referred to i ‘Sub-Clause 3.2 [Delegation by the Engineer] and all other staff, abour an other employees of the Engineer and of the Employer; and any othe personnel notified to the Contractor, by the Employer or the Engineer, a Employer's Personnel. “Contractor's Personnel” means the Contractor's Representative and 2 personnel whom the Contractor utilises on Site, who may include the stat labour and other employees of the Contractor and of each Subcontracto and any other personnel assisting the Contractor in the execution of th Works. “Subcontractor’ means any person named in the Contract as subcontractor, or any person appointed as a subcontractor, for a part of th Works; and the legal successors in title to each of these persons. "DAB" means the person or three persons so named in the Contract, ¢ other personis) appointed under Sub-Clause 20.2 [Appointment of th Dispute Adjudication Board] or Sub-Clause 20.3 [Failure to Agree Disput Adjudication Board). “FIDIC” means the Fédération Intemationale des ingénieurs-Consells, th international federation of consulting engineers. “Base Date” means the date 28 days prior to the latest date tc submission of the Tender. "Commencement Date” means the date notified under Sub-Clause 8, [Commencement of Works]. “Time for Completion” means the time for completing the Works or 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-Claus12 SHAR 11.3 A, ae, MAT 1.11.10 “BRIER” FIRTH” Atel A EON REP Mote A % BSC CH RF). 1.1.2.1 “(2s)” RULE PCR, ER 1.1.2.2 “ME” ARERR EO MHA, RIM A PEMRA, 1.1.2.3 “ROM” ABREMERL ORME TK AROAH HARI FRNA EMA. 1.1.2.4 “LG” ti ELE St eR BRS, yw AE TR AR, SRR 3.4K Ca ROME, dE FEAF E UR A RNIEA RK 1.1.2.5 ROARK" RAHROMEAAPHE OAR, RRA 4.3 RACHRAORE, HROMEMAHRRHAR. 1.1.2.6 “HEAR” RAS LRG, 8 3.2 ORL LITE ON} AOD FURLE RAMEN AHR. TA RSE; LA ch MAE RIA RAR TE AMEN AEM EBA. 1.1.2.7 “ROMAR” AROORR ARORA NAAR, RLS HO MEUA, TA A, W SAG ROATHLENAAR. 1.1.2.8 “SHEUHE” HHH FE LAB SL ARTE A Ab He & Wy Sh AE TA A BE a Ha Fy PM AE M0) AAs A EA BN BA LB SR Ke 1.1.2.9 “SHIRA” (DAB) ABA Me M—-ZRELAR, a ARE 20.2 CP MRRK ARH EM) 20.3 KTH MRAL A RRMA — HE AERA. 1.1.2.10 “aR 38" (FIDIC) 4 RSA LIER 1.1.3.1 “SEES” AAR ACHR AN AL MRE 28 KOO BA 1.1.3.2 “FLA” AiR 8.1 K( LAHAT) e MT AM. 1.1.3.3 “RIM RERRBRR SAY, AFL ARK REE AY TS PRA OR TE ) AS 2K (a wt Om 3 ER 73 FORMS 144 Money and Payments 18 1 1.3.4 1.35 1.3.6 1.37 1.38 1.39 1.44 1.4.2 1.4.3 1.4.4 1.45 1.4.6 147 148 8.4 [Extension of Time for Completion), calculated from the Commencement Date, “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 9 [Tests on Completion} before the Works or a Section (as the case may be) are taken over by the Employer. “Taking-Over Certificate” means a certificate issued under Ciause 10 [Employer's Taking Over} “Tests after Completion” means the tests jf any) which ate specified in the Contract and which are carried out under Ciause 12 [Tests after Completion] after the Works or a Section (as the case may be) are taken over by the Employer, “Defects Notification Period’ 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-Ciause 11.3 [Extension of Defects Notification Period), calculated from the date on which the Works cr Section is completed as certified uncer Sub-Clause 10.1 {Taking Over of the Works and Sections}. "Performance Certificate” means the certificate issued under Sub-Clause 11.9 [Performance Certificate). "day" means a calendar day and "year" means 365 days. “Accepted 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. "Contract Price’ means the price defined in Sub-Clause 14.1 [The Contract Price], and includes adjustments in accordance with the Contract. “Cost” 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 profi. “Final Payment Certificate” means the payment certificate issued under ‘Sub-Clause 14.13 {issue of Final Payment Certificate). “Final Statement” means the statement defined in Sub-Clause 14.11 (Application for Final Payment Certificate). “Foreign Currency means a currency in which part (or all) of the Contract, Price is payable, but not the Local Currency. “interim Payment Certificate’ means a payment certficate issued under ‘Clause 14 [Contract Price and Payment, other than the Final Payment Certificate. “Local Currency" means the currency of the Country. ‘Payment Certificate” means a payment certificate issued under Clause 14 [Contract Price and Payment]114 aM att QT. ETRE 8.4 BLATT Hse OEE OEE TRE) HOARY a. 1.1.3.4 11.3.5 1.1.3.6 1137 11.3.8 11.3.9 Ld 1.1.4.2 1.1.43 L144 Las 1.1.4.6 1147 114.8 1149 “RIRG” AREA PREM, RAM, BRE — EMS, ELBA LT RRA Te) MER AMER 9 FR TRA) BRT RM “RES” ATER 10 RALRK OME MANE. “RIG” FEEAAPREN, KLARRP CA RAR SE) PORE RUG, HUE 12 RRL Ree) R RMT Ao RAR” ACRE T EM, ATR HR PRM EM 10.1 Kl LAH RAM RK) HMERSHRT AMAR, AAEM 11.1 KLARA RAM HME, WA LBA ie LR (LAA ORS ) FF PE HPCE FAL ARSE 11.3 BK Ni do ARE & JE A EMT KM) © “MATES” AMER 11.9 CANES HRERMRNEB. “A(R” RATHER, “OF” Kih 365 Ke “PRAALO REP RBS HUT LMT. TAME APSR A BR FA “PRIOR” ATER 14.1 KS Oe ME Pe MT, ALTE ATL Hk HS “BRGY” RAR LMT Bh AE (BE RE) TA A Ky APA MA BAR, ALA. “FRAT IME” RA AAE SS 14.13 KF AT aR i 4s 1 RANKED. “WASETBAR” A 14.11 THE 4 PE ER Re “ST” RAF RAS PR SA) OY, MET VSR ET 6 SAP RES” RIE 14 RLS oe eH EM PORTE BLS TIES. “SOR” ARLEN. “PRUE” ARAL ARIE 14 S(O Ar he 4d aR A TE, Be 19GUDANCE FORMS 414.5 Works and Goods 116 Other Definitions 20 1.1.4.10 11a 41.4.12 14.5.4 115.2 1.1.5.3 11.5.4 11.5.5 1.1.5.6 11.5.7 11.5.8 11.6.1 1.1.6.2 1.1.6.3 1.16.4 "Provisional Sum" means a sum (if any) which is specified in the Contract ‘provisional sum, for the execution of any part of the Works or for the sup, of Plant, Materials or services under Sub-Clause 13.5 [Provisional Sums]. “Retention Money” means the accumulated retention moneys which t Employer retains under Sub-Clause 14.3 Application for Interim Payme Certiicates| and pays under Sub-Clause 14.9 [Payment of Retenti Money|. "Statement" means a statement submitted by the Contractor as part of : application, under Clause 14 [Contract Price and Payment), for a payme certificate. "Contractor's Equipment” means all apparatus, machinery, vehicles ar other things required for the execution and completion of the Works and th remedying of any defects. However, Contractor's Equipment exciud Temporary Works, Empioyer’s Equipment (f any), Plant, Materials and a other things intended to form or forming part of the Permanent Works. "Goods" means Contractor's Equipment, Materials, Piant and Tempora Works, or any of them as appropriate, “Materials” means things of al kinds (other than Piant) intended to form : forming part of the Permanent Works, including the supply-only materials any) to be supplied by the Contractor under the Contract. “Permanent Works” means the permanent works to be executed by tr Contractor under the Contract. “Plant” means the apparatus, machinery and vehicles intended to form « forming part of the Permanent Works. “Section” means a part of the Works specified in the Appendix to Tender € a Section (if any) “Temporary Works” means all temporary works of every kind (other tha Contractor's Equipment) required on Site for the execution and completio of the Permanent Works and the remedying of any defects, “Works” mean the Permanent Works and the Temporary Works, or ether ¢ them as appropriate “Contractor's Documents" means the calculations, computer program and other software, drawings, manuals, models. and other documents c a technical nature (if any) supplied by the Contractor under the Contraci as described in Sub-Clause 5.2 [Contractor's Documents]. “Country” means the country in which the Site (or most of it) is locatec where the Permanent Works are to be executed “Employer's Equipment” means the apparatus, machinery and vehicles ( any) made available by the Employer for the use of the Contractor in th ‘execution of the Works, as stated in the Specification; but does not includ. Plant which has not been taken over by the Employer. “Force Majeure" is defined in Clause 19 (Force Majeure],Ls 1.14.10 L411 1.14.12 “GAL” FSM PRE BAS MSM MIA), HE 298 13.5 KWASMIORE, APLAK-BPOKM, RAF REAP RE. HARKS. “PRE” Ri EE 14.3 KP aie ME RARE S, HE 14.9 RRO a eH OME MTL. “HR” ARR CLEAR 14 SLOP tha ett a JRE HCH EIN ARIE H PAAR IRR. Tenn 11.5.1 “RRR” RHETT LA BAB AME TR LOT AT OLE. SUR, EAU. PROMS CM LE. RE BMRA). VBR AA LEAH. AEF HOM 115.2 “RO” RRO RE. OM. SPR MT, mL HE sei, 1.1.5.3 “BO” Afi OLA ARRIEHO A A LB — BSN CP Sh), CLARA IE Ere ch AR AE GES FE (RR) 1154 “KALE” RES EE ROM LM AATE. 115.5 “HUE” RAMI RAAT RAS OL, OLE a. 115.6 HOLE" AERA EATR (OR) HL SRRABSP. 11.5.7 “ARTE” RTH ATE AA LR AME TRS, CERT RMA RAL RT MOTEL 115.8 “TR RhkAT RATS, UMHS. LL Stes X 11.6.1 “RUA RAM 5.2 ROME, aR FRENTE, SHULL RICKI, Bi, Fab, SMA SEBEO REET AA) 1.1.6.2 “LARSFAEDN” RASH A LARS RICA BES BF EO A. 1.1.6.3 “MEER” AIR Od AEH tH, POR SERIO. SLE); RE RR te 1.1.6.4 “RAGA” BM 19 LA THA HME. + SE "Sesion" — KM 8 5 (FTDIC) A BE A A 24 APSARA DATS, RAD MUTE, MALS ROOM TE1.1.65 ‘Laws’ means all national (or state) legislation, statutes, ordinances anc ther iaws, and regulations and by-laws of any legally constituted public authority 1.1.6.6 “Performance Security” means the security (or securities, if any) under ‘Sub-Clause 4.2 (Performance Security). 1.1.6.7 “Site” means the places where the Permanent Works are to be executed 8 and to which Plant and Materials are to be delivered, and any other places 3 as may be specified in the Contract as forming part of the Site. - 1.1.6.8 “Unforeseeable” means not reasonably foreseeable by an experienced contractor by the date for submission of the Tender. a 1.1.6.9 “Variation” means any change to the Employer's Requirements or the z Works, which is instructed or approved as a variation under Clause 13 g \Variations and Adjustments]. i 1.2 Interpretation In the Contract, except where the context requires otherwise: (@) Words indicating one gender include all genders; (0) words indicating the singular also include the plural and words indicating the plural also include the singular, (©) _ provisions including the word ‘agree, "agreed" or "agreement" require the ‘agreement to be recorded in writing, and (@ —“written" or “in writing means hand-written, type-written, printed or electronically made, and resulting in a permanent record. The marginal words and other headings shall not be taken into consideration in the interpretation of these Conditions. 13 Communications ‘Wherever these Conditions provide for the giving or issuing of approvals, certificates, consents, determinations, notices and requests, these communications shall be: (@ in. writing and delivered by hand (against receipt), sent by mail or courier, or transmitted using any of the agreed systems of electronic transmission as stated in the Appendix to Tender; and (©) delivered, sent or transmitted to the address for the recipient's communications as stated in the Appendix to Tender. However: 0 if the recipient gives notice of another address, communications shall thereafter be delivered accordingly; and (i) if the recipient has not stated otherwise when requesting an approval or consent, it may be sent to the address from which the request was issued. ‘Approvals, certificates, consents and determinations shall not be unreasonably withheld or delayed. When a certificate is issued to a Party, the certfer shall send a copy to the other Party. When a notice is issued to a Party, by the other Party or the Engineer, a copy shall be sent to the Engineer or the other Party, as the case may be. 14 Law and Language The Contract shall be governed by the law of the country (or other jurisdiction) stated in the Appendix to Tender. 2213 MR 14 AT 1.1.6.5 “RRR” AIRBASE (BRIN) AAR, A, SILER, EL BEAM PrP ETN SE Hl a OA A 1.1.6.6 “TOSTEER” AAR HUES 4.2 RA). 1.1.6.7 “SG” RAPE KMAA T BARE RE SHR BA, LL BeBe VAL + 1 ft a Yo Py ARAB EA] HHT PA eh | EATER aR A HER, OO 1.1.6.8 “AAT BUR” Ai — TSH Kt Ee RR A BUR. 1.1.6.9 “SE” RGAE 13 Ae RR FOE OME, BH RRL WO HY, MERLE EAM? RLF XBARBS, (a) RARER, PTA TER: (>) ARHERMWH, WHERMSL, RI; (oc) tude “TLR CRE)”, “RRA )— Be", “PML” Se TS a ERAPMICR: (4) “$i” BR AIS” ARES, TH. TREE HE, HERA TE ig. FE A SL ts EA Se PRE REP AB APE TSI EN ASH A LEAF HME TED AR. EN ANTAR Bt, eC AEM (a) RABMBA, HAMA WE), WRIA, SUR WE BE ah ATE Te HF HSM ER; WD Cb) At, AERA ARR PE TC Ahk. fA CRRA AGT SS Shan, RUE SAAR SCE MEE BOK 5 LA BR (i) SBCA TER ALE RIAL ET, BA SRA, THT R Ae Hh A HRB HE, EH, ARAM SAOAARNFRKE. 4A AMR BA, REAMH-ARAFRERA-B. 4A-PRIBHA—F RB Bt, DRAG MRT LR MR — I AMRLRMBHR$ BK (ARIE A eRg é 3 FORMS 15 Priority of Documents. 16 Contract Agreement WwW Assignment 18 Care and Supply of Documents 24 If there are versions of any part of the Contract which are written in more than one language, the version which is in the ruling language stated in the Appendix to Tender shall prevail The language for communications shall be that stated in the Appendix to Tender. If no language is stated there, the language for communications shall be the language in which the Contract (or most of i) is written ‘The documents forming the Contract are to be taken as mutually explanatory of one another. For the purposes of interpretation, the priority of the documents shall be in accordance with the following sequence: (@) the Contract Agreement (if any), (b) the Letter of Acceptance, (0) the Letter of Tender, (@ the Particular Conditions, (e) these General Conditions, () the Employer's Requirements, @ the Schedules, and (p) the Contractor's Proposal and any other documents forming part of the Contract. | an ambiguity or discrepancy is found in the documents, the Engineer shall issue any necessary Clarification or instruction. ‘The Parties shall enter into a Contract Agreement within 28 days after the Contractor receives the Letter of Acceptance, unless they agree otherwise. The Contract ‘Agreement shall be based upon the form annexed to the Particular Conditions. The costs of stamp duties and similar charges (if any) imposed by law in connection with entry into the Contract Agreement shall be borne by the Employer. Neither Party shall assign the whole or any part of the Contract or any benefit or interest in or under the Contract. However, either Party: (@) may assign the whole or any part with the prior agreement of the other Party, at the sole discretion of such other Party, and (©) may, as security in favour of a bank or financial institution, assign its right to any moneys due, or to become due, under the Contract. Each of the Contractor's Documents shall be in the custody and care of the Contractor, unless and until taken over by the Employer. Unless otherwise stated in the Contract, the Contractor shall supply to the Engineer six copies of each of the Contractor's Documents. ‘The Contractor shall keep, on the Site, a copy of the Contract, publications named in the Employer's Requirements, the Contractor's Documents, and Variations and other ‘communications given under the Contract. The Employer's Personnel shall have the Tight of access to all these documents at all reasonable times. It a Party becomes aware of an error or defect of a technical nature in a document which was prepared for use in executing the Works, the Party shall promptly give notice to the other Party of such error or defect1s XAHURIE 16 AAR 47 ‘eae 18 SPE RE SEE SAMBO RAH LIBS aS, BERRY te OE BARS HRA A. SHAS CL AR BP EOE. AE, A me KBD) RS OE. ARAM LORD ER. WT AMAA, CARA ER EI F (a) AARC MRA); (b) RP RRAB; (co) BRI; (4) “SFist; Ce) Amat: () ERR: (g) BR, UR (h) KAMARA MT HEMA ELH. MOSCA Pe RAE NRA Be, CR A Ah EH RH RDA, MANERA PRB E BRATS. A DELL RAS TR aa. TTA, ER ENTER FURL RF (AURA) ch ME RH EBA SORES, RAP RARE OA Ales ae PR PLIBA. HEF: (a) CA-HRSSEREAMRE, BAMARARE, TLS RMS Aik Cb) BTLAPE ATLAS AT we Be MA BL Hy SE KA OOH, FELL ILA AS PARE AE Ay BUM RS BS ROMA. PEARL RASCH AS Hh AR LR REA, BREF OEE Wt. BRIE AATAARE, RAGCH LAR AROA HAAG. RARTERSRA BAA, MERKEN, ROAR, BH. VA BARE AD AE IC LA OR 5 SEA PAA BLE TAA Ol TA BEES WRB RRA Kis LAE SE PAA EAR, OA BRRGO IAT. 25GUDANCE ten 13 Errors in the Employer's Requirements, 1.10 Employer's Use of Contractor's Documents wat Contractor's Use of Employer's Documents 112 Confidential Details 26 If the Contractor suffers delay and/or incurs Cost as a resuit of an error Employer's Requirements, and an experienced contractor exercising duc would not have discovered the error when scrutinising the Employer's Require under Sub-Clause 5.1 [General Design Obligations}, the Contractor shall give to the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contre Claims} to: (@ an extension of time for any such delay, if completion is or will be de under Sub-Ciause 8.4 [Extension of Time for Completion), and (0) payment of any such Cost plus reasonable profit, which shall be included Contract Price. ‘After receiving this notice, the Engineer shall proceed in accordance with Sub-C 3.5 [Determinations] to agree or determine (i) whether and (if so) to what exter error could not reasonably have been so discovered, and (i) the matters desorit sub-paragraphs (a) and (b) above related to this extent. ‘As between the Parties, the Contractor shall retain the copyright and other intele property rights in the Contractor's Documents and other design documents mai (or on behalf of) the Contractor. The Contractor shall be deemed (by signing the Contract) to give to the Emplo non-terminable transferable non-exclusive royalty-free licence to copy, use ‘communicate the Contractor's Documents, including making and using moditice of them. This licence shall (@) apply throughout the actual or intended working life (whichever is longer) ¢ relevant parts of the Works, (©) entitle any person in proper possession of the relevant part of the Wort copy, use and communicate the Contractor's Documents for the purpost completing, operating, maintaining, altering, adjusting, repairing and demol the Works, and (©) in the case of Contractor's Documents which are in the form of come programs and other software, permit their use on any computer on the Site other places as envisaged by the Contract, including replacements of ‘computers supplied by the Contractor. The Contractor's Documents and other design documents made by (or on beha ‘the Contractor shall not, without the Contractor's consent, be used, copie ‘communicated to a third party by (or on behalf of) the Employer for purposes than those permitted under this Sub-Clause. ‘As between the Parties, the Employer shall retain the copyright and o intellectual property rights in the Employer's Requirements and other docume ‘made by (or on behalf of) the Employer. The Contractor may, at his cost, copy, and obtain communication of these documents for the purposes of the Contr: ‘They shall not, without the Employer's consent, be copied, used or communica to a third party by the Contractor, except as necessary for the purposes of Contract. ‘The Contractor shall disclose all such confidential and other information as Engineer may reasonably require in order to verify the Contractor's compliance v the Contract19 MEER EHR 1.10 REC RE n UREA ECE eR ‘SA AE RER HO SAR RE HEAR) DR, EH TASB RA ERE 5.1 KRH LH — MEK IOME, MEER TUARR RURAL, ROMA LG, HAE 2.1 KARO HRM)OME, AER: (a) RBH 8.4K MIM HK )HRE, MRRTLSMGRMCR, AEFI HIRE F HEC IA; (b) FEU MAN, MTA, PRAT TPS) AS, A 3.5 RR OME, EE: (HE RAAAUEARLA, (WRE)AERRH REMIT, UR) SH BRAK 85 (a) F1(b) STEM HA DTT, ALTAR IES ) A fl FY HR SE SOE, PENAL AIC Ate ATP AR RT A RO ELLA A) RU HE APM ERIOAM FILO, AHEAD, RRB, Mil, GUAR MAA, ALT EAT PE He Od Or A FAUST, ROMA AY: (a) JAAP LARA TR RH); (>) AMAA LRHARS ES GARMIEMA, WT eR, BT. A, EX, WS, SRAFRIEM AHS. RAMERRORKE, (co) ROME AEE ERAN FE, SFE NERA APRA MI ER ATT LO, CLT RL ARLE AE TT RET ER. AAR, MAE CRUE LAE EAR RACHEL Sh, 9 Ff 9 A ce PR ALT (BRU SE 5) A AR SCPE AR CI, OE SE He =o. RESHMA, HME RUS L) Sil MER HIE, He RANGA REG A. RABAS AA AY, HT eH, MAMERERLH. RAMRES, ASMERR, ROMPRES A AK, MHRA BSH. LIN T ES A ta MS A A, AE a A &, ROWSE. 7GUIDANCE FORMS 113 ‘Compliance with Laws 114 Joint and Several Liability thr ployer 24 ight of Access to the Site 28 ‘The Contractor shall, in performing the Contract, comply with applicable Laws. Unies: ‘otherwise stated in the Particular Conditions: (@) the Employer shall have obtained (or shall obtain) the planning, zoning or simila, permission for the Permanent Works, and any other permissions described ir the Employer's Requirements as having been (or being) obtained by the Employer; and the Employer shall indemnify and hold the Contractor harmless against and from the consequences of any failure to do so; and (©) the Contractor shall give all notices, pay all taxes, duties and fees, and obtair all permits, licences and approvals, as required by the Laws in relation to the design, execution and completion of the Works and the remedying of any defects; and the Contractor shall indemnify and hold the Employer harmless against and from the consequences of any failure to do so. if the Contractor constitutes (under applicable Laws) a joint venture, consortium or other unincorporated grouping of two or more persons: (2) these persons shall be deemed to be jointly and severally iable to the Employer for the performance of the Contract; (0) these persons shail notify the Employer of their leader who shall have authority to bind the Contractor and each of these persons; and (©) _ the Contractor shail not alter its composition or legal status without the prior ‘consent of the Employer. ‘The Employer shall give the Contractor right of access to, and possession of, all parts of the Site within the time (or times) stated in the Appendix to Tender. The right land possession may not be exclusive to the Contractor. If, under the Contract, the Employer is required to give (to the Contractor) possession of any foundation, structure, plant or means of access, the Employer shall do so in the time and manner stated in the Employer's Requirements. However, the Employer may withhold any such right or possession until the Performance Security has been received. If no such time is stated in the Appendix to Tender, the Employer shall give the Contractor right of access to, and possession of, the Site within such times as may 'be required to enable the Contractor to proceed in accordance with the programme submitted under Sub-Clause 8.3 [Programme]. If the Contractor suffers delay and/or incurs Cost as a result of a faliure by the Employer to give any such right or possession within such time, the Contractor shall give notice to the Engineer and shall be entitled subject to Sub-Ciause 20.1 (Contractor's Claims} to: (@) an extension of time for any such delay, if completion is or will be delayed, under Sub-Ciause 8.4 [Extension of Time for Completion], and (©) payment of any such Cost plus reasonable profit, which shall be included in the Contract Price. After receiving this notice, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine these matters,LB eT 114 FPOAE 8 OE 2 24 REAR Fe FRAT A, MOSER. Be RAT i AE: (a) SERED CARH) oA ATR DE, RACAL, Dh Be te MEBRP A AOMECS (MH) MEI; MEM RROHRE SRD RZ AAT L ET RIA (b) RAMU FA, ME BM, MRA TRI. Sew AIR Ly URE OER, PUR ROS AT, BRACE; PRE ALI OR EHF OR (iM 3: Se ED fe 9 SL PR AE a e SR AR A A A RG A IR A RE RBA RAE: (a) RAAT CELT AL LE he HY a HELE Cb) MEA IHG ALL HAR BR CG AH TE ASE (oc) AE MEM FCI, ALA Ga IC ALAR A HEAL SES En TR PT (LTT, REA IHS BLA. MAE A Aa A FY OT AR yA A SR HE A Fl, BRE (RA) PE fe A EPR RAF FR, MER ME ROR PAL HA Me A RE. (ELE ee BY RA, TRE REMAAR GR, BREE. URBAR AERP ALE LUT, MSE NCAR LIE 8.3 ALA $3) SLE MEF EL HO AN, Se ARE A A A. ‘OS EA fs Bea 2 AR EA AP A, SR a HR AOR ARH, RAAT LMR se, HA 20.1 KL REO AHeS ORE, ALB: (a) EH 8.4 KROME KORE, MKT MHRA, EE PUAIER, FM: (>) FEARS OA, RASA OH, BFK. FAH, LRM 3s MAM ME, Rie MT eRe. 29i a FORMS 22 Permits, Licences or Approvals 23 Employer's Personne! 24 Employer's Financial Arrangements 25 Employer's Claims However, if and to the extent that the Employer's failure was caused by any error or delay by the Contractor, including an error in, or delay in the submission of, any of the Contractor's Documents, the Contractor shall not be entitled to such extension of time, Cost or profit ‘The Employer shall (where he is in a posttion to do so) provide reasonable assistance to the Contractor at the request of the Contractor: (@) by obtaining copies of the Laws of the Country which are relevant to the Contract but are not readily available, and (0) for the Contractor's applications for any permits, icences or approvals required by the Laws of the Country: ® which the Contractor is required to obtain under Sub-Ciause 1.13 {Compliance with Laws], (i) for the delivery of Goods, including clearance through customs, and Gi) for the export of Contractor's Equipment when it is removed from the Site ‘The Employer shall be responsible for ensuring that the Employer's Personnel and the Employer's other contractors on the Site: (2) co-operate with the Contractor's efforts under Sub-Clause 4.6 [Co-operation and (b) take actions similar to those which the Contractor is required to take under sub- paragraphs (a), (b) and (c) of Sub-Clause 4.8 [Safety Procedures] and under Sub-Clause 4.18 [Protection of the Environment The Employer shall submit, within 28 days after receiving any request from the Contractor, reasonable evidence that financial arrangements have been made and are being maintained which will enable the Employer to pay the Contract Price (as estimated at that time) in accordance with Clause 14 [Contract Price and Payment}. the Employer intends to make any material change to his financial arrangements, the Employer shall give notice to the Contractor with detailed particulars. If the Employer considers himself to be entitled to any payment under any Clause of these Conditions or otherwise in connection with the Contract, and/or to any extension of the Defects Notification Period, the Employer or the Engineer shall give notice and particulars to the Contractor. However, notice is not required for payments due under Sub-Ciause 4.19 [Electricity, Water and Gas], under Sub-Clause 4.20 [Employer's Equipment and Free-Issue Material, or for other services requested by the Contractor. ‘The notice shall be given as soon as practicable after the Employer became aware of the event or circumstances giving rise to the claim. A notice relating to any extension of the Defects Notification Period shall be given before the expiry of such period. The particulars shall specify the Clause or other basis of the claim, and shall include substantiation of the amount and/or extension to which the Employer considers himself to be entitled in connection with the Contract. The Engineer shall then proceed in accordance with Sub-Ciause 3.5 [Determinations] to agree or determine (@ the amount (if any) which the Employer is entitled to be paid by the Contractor,22 WEL, RRR 24 MENT eH 25 REORE AE, MO ts A SE 9 i 29 Ec A A HE, EE LE PT RALPH fH HB eA HE Ee aA, AH A HR PS WW. RRA. AEN (BSCE RE ARLE, ERT IH ELA 8 8 Oh (@) RASARAAN, ERR LEER RRA, (bh) BRBDAR ALN Pp LR BTHE RAL PEAT. DUH AE (i) UE 1.13 RFRA, ERARAMKGM; Gi) FRR, RRR (ii) SRAM RH Hs ate HY. JENN fh BR TEE EAB A (a) UE 4.6 ROME, SAU ATA TE (>) RAS HAE 4.8 BR AMA](a). (b) Ac) TA 4.18 LRH KP ERROR OAR MAH JEN CEB AR a FEAT BER 28 AY, HRA IL BE a BE ee ATE, AM ERC 14 ASM eR IMME, LA FRM). CRMEMMKRS RMT REE, HK EH RE AR WORBEVN, RERREM RA, RAMAKHB BM, AE BELA AT BR, CBR) RS FT BR DE 0] EE aR OR RL, RAT. LR RL AAR 4.19 HL ROMA) ALB 4.20 MERA Fe KA HA LE AY BL A A, OR SE BM ATK, AAR A. MEME TRU RRE MRT RARE RR. KTR IR CSTE PTE RAYS, MEE APRA 22 th 3 a AA HR, EM ED AR HAM CAAA WRB SAR) ERM HE. Kis, LR 3.5 RMA OME, HRM: (i) MEHARRY 31and/or (i) the extension (if any) of the Defects Notification Period in accordance ‘Sub-Clause 11.3 (Extension of Defects Notification Period). This amount may be included as a deduction in the Contract Price and Payn Certificates. The Employer shall only be entitied to set off against or make deduction from an amount certified in a Payment Certificate, or to otherwise © against the Contractor, in accordance with this Sub-Ciause. i Th gineer 34 Engineer's Duties and The Employer shall appoint the Engineer who shall cary out the duties assigne Authority him in the Contract. The Engineer's staff shall include suitably qualified engineers ‘other professionals who are competent to carry out these duties. 5 ‘The Engineer shall have no authority to amend the Contract. ‘The Engineer may exercise the authority attributable to the Engineer as specified necessarily to be implied trom the Contract. If the Engineer is required to obtair approval of the Employer before exercising a specified authority, the requirements be as stated in the Particular Conditions, The Employer undertakes not to imr further constraints on the Engineer's authority, except as agreed with the Contrac However, whenever the Engineer exercises a specified authority for which Employer's approval is required, then (for the purposes of the Contract) the Empl shall be deemed to have given approval Except as otherwise stated in these Conditions: (a) whenever carrying out duties or exercising authority, specified in or implie ‘the Contract, the Engineer shall be deemed to act for the Employer; {b) the Engineer has no authority to relieve either Party of any duties, obligatior responsibilities under the Contract; and (©) any approval, check, certificate, consent, examination, inspection, instruc notice, proposal, request, test, or similar act by the Engineer (including abs: of disapproval) shall not relieve the Contractor from any responsibility he under the Contract, including responsibilty for errors, omissions, discrepar and non-compliances. 3.2 Delegation by the The Engineer may from time to time assign duties and delegate authority to assist Engineer land may also revoke such assignment or delegation. These assistants may incl. resident engineer, and/or independent inspectors appointed to inspect and/or items of Plant and/or Materials. The assignment, delegation or revocation shall writing and shall not take effect until copies have been received by both Pa However, unless otherwise agreed by both Parties, the Engineer shall not delegat authority to determine any matter in accordance with Sub-Clause 3.5 [Determinati Assistants shall be suitably qualified persons, who are competent to carry out t duties and exercise this authority, and who are fluent in the language communications defined in Sub-Clause 1.4 {Law and Language], Each assistant, to whom duties have been assigned or authority has been deleg shall only be authorised to issue instructions to the Contractor to the extent de3 LEN UI ES MA ROE SMURF), ACR) (ii) AI 11.3 KLAR a do AR EK ARE, 14 2 EAR EMCO A). Lh & Bi) EAST is AE SP IT AB PSE LAL PRES EA VA 9 EP a HEE OT, FG A A JE IAL ALE, LAREN LIAL A OR A ES CA EA PERL I 9E RAB HE Ae AAS TewALeLAA. LETTE PM, RRS POA. MR OR IE FERELAMB RAMEE, LLERTECMRE TSA. OBR ORES, MERE ANT LAE A Lak — BR A. LR, ELIOT 6 oh A EAL A 9 aA, Ae YB) BAMEC Fite. RARE AAT EXC RAORARTEAA PAM SRS MER RAL Ae, MRA RRERT LEAR LE—FREA LE MERIES . RBIS Cc) LAR WPOS FETAL ME, BO, ESA, FAR, OH, RM. eR, BM 1, BOR, BORA (OUT ah LIRR AE RARE), ALAR RAL FRO ERIRR, GER, OW. READ. (a) iC) LWA BSA fH BF HORE AS FE LH, the Hk A OR RTE. SEA FB GE MT ARI, AN MR) AE ae Hy He A(R) EP A RAAHRTABAA. UETR, TERM MAME, CM PRADA E ALK. AR, RIERAAAR, LRM MR 3.5 BL MR) AL EE AO ALA FEA HFGCHAAESRAOAR, CMAN, HRRAH, FRET FUSE 1.4 KL aA ) PAE HA MARR AE RAT HEL As BY ABA FT RAE TE EA tf FR 0 A Ae hh HH SB He A At HG a EE 33GUIDANCE z & 33 Instructions of the Engineer 34 Replacement of the Engineer 35 Determinations. Th 4a Contractor's General Obligations by the delegation. Any approval, check, certificate, consent, examination, inspection instruction, notice, proposal, request, test, or similar act by an assistant, i accordance with the delegation, shall have the same effect as though the act hac been an act of the Engineer. However: (2) any failure to disapprove any work, Plant or Materials shall not constitute approval, and shail therefore not prejudice the right of the Engineer to reject the work, Plant or Materials; (0) if the Contractor questions any determination or instruction of an assistant, the Contractor may refer the matter to the Engineer, who shall promptly confirm reverse or vary the determination or instruction. The Engineer may issue to the Contractor (at any time) instructions which may be necessary for the execution of the Works and the remedying of any defects, all i accordance with the Contract. The Contractor shall only take instructions from th Engineer, or from an assistant to whom the appropriate authority has been delegate« under this Clause. If an instruction constitutes @ Variation, Ciause 13 [Variations an Adjustments] shall apply. ‘The Contractor shall comply with the instructions given by the Engineer or delegate assistant, on any matter related to the Contract. These instructions shail be given i writing If the Employer intends to replace the Engineer, the Employer shall, not less than 4: days before the intended date of replacement, give notice to the Contractor of th name, address and relevant experience of the intended replacement Engineer. Th Employer shall not replace the Engineer with @ person against whom the Contracto raises reasonable objection by notice to the Employer, with supporting particulars. Whenever these Conditions provide that the Engineer shall proceed in accordanc with this Sub-Clause 3.5 to agree or determine any matter, the Engineer shall consu with each Party in an endeavour to reach agreement. if agreement is not achieved, th Engineer shall make a fair determination in accordance with the Contract, taking du regard of all relevant circumstances. ‘The Engineer shall give notice to both Parties of each agreement or determinatior with supporting particulars. Each Party shall give effect to each agreement determination unless and until revised under Clause 20 [Claims, Disputes an Arbitration). ntractor ‘The Contractor shall design, execute and complete the Works in accordance with th Contract, and shall remedy any defects in the Works. When completed, the Works she bbe fit for the purposes for which the Works are intended as defined in the Contract. ‘The Contractor shall provide the Plant and Contractor's Documents specified in th Contract, and all Contractor's Personnel, Goods, consumables and other things an services, whether of a temporary or permanent nature, required in and for this desigr execution, compietion and remedying of detects.Be SER 4 kam a RADAR RR, E.R, MEMO, SLE CHATS RAPER. (EUR: (a) SAE AT LAP. AEP OPH Ave BLA ME, PAT AN AL LEME KALI. ER SRAM ‘AIR AR 0 WRG 3h A EH a a, A a BT BE LAW, LAACRAN RAS RHR HU, RARE. @ RI (He 1 1 ON HAA PAL AE AR Hy SA RENT. RAALTKL LAMRREAREEE RAM AF MA. RRR — EE, ME 13 RR FO MED. RAMTAT LOR COE MAMA KHER MR. Reet RABEL. ORM EOS T BIE, MEME 2 RR, FRM LAMHEA, MUMS, WORRO MEME, WA HAMMAR L, HOA, MERA ARA CRIB. SARL E LAE 3.5 CORR eet, CA SSA, RUSE, MIRTLE, RIPE BA SR, SP MAAR, HARA TE AEA. RIOT He TG ENE. ITT HI, TR. RIE AEE ES 20 SLR ah fo th a TE eo, PTT OT EE. AAMT MA ML, KIER TR, A RPE TORI. TE 5, TRieReARMEH LEMMA. ROMTRASAENE RE ROM, RIT. MI. RT PUA AMAA ROMA. RO. REAR i AF 35