EPC合同条件（中英文对照版）


CONTENTS
目 录

1　General Provisions　般规定 5
11　Definitions　定义 5
12　Interpretation　解释 10
13　Communications　通信交流 11
14　Law and Language　法律语言 12
15　Priority of Document　文件优先次序 12
16　Contract Agreement　合协议书 12
17　Assignment　权益转 13
18　Care and Supply of Document　文件提供 13
19　Confidentiality　保密性 14
110　Employer’s Use of Contractor’s Documents　雇承包商文件 14
111　Contractor’s Use of Employer’s Documents　承包商雇文件 15
112　Confidential Details　保密事项 15
113　Compliance with Laws　遵守法律 15
114　Joint and Several Liability　责 16
2　The Employer　雇 16
21　Right of Access to the Site　现场进入权 16
22　Permits Licences or Approves　许执批准 17
23　Employer’s personnel　雇员 18
24　Employer’s Financial Arrangements　雇资金安排 18
25　Employer’s Claims　雇索赔 18
3　The Employer’s Administration　雇理 19
31　The Employer’s Representative　雇代表 19
32　The Employer’s personnel　雇员 20
33　Delegated Persons　受托员 20
34　Instructions　指示 21
35　Determinations　确定 21
4　The Contractor　承包商 21
41　The Contractor’s General Obligations　承包商般义务 22
42　Performance security　履约担保 22
43　Contractor’s Representative　承包商代表 23
44　Subcontractors　分包商 24
45　Nominated Subcontractors　指定分包商 25
46　Cooperation　合作 25
47　Setting out　放线 26
48　Safety procedures　安全程序 26
49　Quality Assurance　质量保证 27
410　Site Data　现场数 27
411　Sufficiency of the Contract Price　合价格 28
412　Unforeseeable Difficulties　预见困难 28
413　Rights of way and Facilities　道路通行权设施 28
414　Avoidance of Interference　避免干扰 29
415　Access Route　进场通路 29
416　Transport of Goods　货物运输 30
417　Contractor’s Equipment　承包商设备 30
418　Protection of the Environment　环境保护 30
419　Electricity Water and Gas　电水燃气 31
420　Employer’s Equipment and FreeIssue Material　雇设备免费供应材料 31
421　Progress Reports　进度报告 32
422　Security of the Site　现场保安 33
423　Contractor’s Operations on Site　承包商现场作业 34
424　Fossils　化石 34
5　Design　设计 35
51　General Design Obligations　设计义务般求 35
52　Contractor’s Documents　承包商文件 36
53　Contractor’s Undertaking　承包商承诺 37
54　Technical Standards and Regulations　技术标准法规 37
55　Training　培训 38
56　AsBuilt Documents　竣工文件 38
57　Operation and Maintenance Manuals　操作维修手册 39
58　Design Error　设计错误 39
6　Staff and Labour　员工 39
61　Engagement of Staff and Labour　员工雇 40
62　Rates of Wages and Conditions of Labour　工资标准劳动条件 40
63　Persons in the Service of Employer　雇服务员 40
64　Labour Laws　劳动法 40
65　Working Hours　工作时间 41
66　Facilities for Staff and Labour　员工提供设施 41
67　Health and Safety　健康安全 41
68　Contractor’s Superintendence　承包商监督 42
69　Contractor’s Personnel　承包商员 42
610　Records of contractor’s Personnel and Equipment　承包商员设备记录 43
611　Disorderly Conduct　序行 43
7　Plant Materials and Workmanship　生产设备材料工艺 43
71　Manner of Execution　实施方法 43
72　Samples　样品 44
73　Inspection　检验 44
74　Testing　试验 45
75　Rejection　拒收 46
76　Remedial Work　修补工作 46
77　Ownership of Plant and Materials　生产设备材料权 47
78　Royalties　土(矿区)费 47
8　CommencementDelays and Suspension　开工延误暂停 48
81　Commencement of Works　工程开工 48
82　Time for Completion　竣工时间 48
83　Programme　进度计划 49
84　Extension of Time for Completion　竣工时间延长 50
85　Delays Caused by Authorities　局造成延误 50
86　Rate of Progress　工程进度 51
87　Delay Damages　误期损害赔偿费 51
88　Suspension of Work　暂时停工 52
89　Consequences of Suspension　暂停果 52
810　Payment for Plant and Materials in Event of Suspension　暂停时生产设备材料付款 53
811　Prolonged Suspension　托长暂停 53
812　Resumption of Work　复工 53
9　Tests on Completion　竣工试验　 54
91　Contractor’s Obligations　承包商义务 54
92　Delayed Tests　延误试验 55
93　Retesting　重新试验 55
94　Failure to Pass Tests on Completion　未通竣工试验 56
10　Employer’s Taking Over　雇接收　 56
101　Taking Over of the Works and Sections　工程分项工程接收 56
102　Taking Over of Parts of the Works　部分工程接收 57
103　Interference with Tests on Completion　竣工试验干扰 57
11　Defects Liability　缺陷责 58
111　Completion of Outstanding Work and Remedying Defects　完成扫尾工作修补缺陷 58
112　Cost of Remedying Defects　修补缺陷费 59
113　Extension of Defects Notification Period　缺陷通知期延长 59
114　Failure to Remedy Defects　未修补缺陷 60
115　Removal of Defective Work　移出缺陷工程 60
116　Further Tests　进步试验 61
117　Right of Access　进入权 61
118　Contractor to Search　承包商调查 61
119　Performance Certificate　履约证书 62
1110　Unfulfilled Obligations　未履行义务 62
1111　Clearance of Site　现场清理 62
12　Tests after Completion　竣工试验 63
121　Procedure for Tests after Completion　竣工试验程序 63
122　Delayed Tests　延误试验 64
123　Retesting　重新试验 64
124　Failure to Pass Tests after Completion　未通竣工试验 65
13　Variations and Adjustments　变更调整 66
131　Right to Vary　变更权 66
132　Value Engineering　价值工程 66
133　Variation Procedure　变更程序 66
134　Payment in Applicable Currencies　适货币支付 67
135　Provisional Sums　暂列金额 67
136　Daywork　计日工作 68
137　Adjustments for Changes in Legislation　法律改变调整 69
138　Adjustments for Changes in Cost　成改变调整 70
14　Contract price and Payment　合价格支付 70
141　The Contract Price　合价格 70
142　Advance payment　预付款 70
143　Application for Interim Payments　期中付款申请 72
144　Schedule of Payments　付款价格表 73
145　Plant and Materials intended for the Works　拟工程生产设备材料 73
146　Interim Payments　期中付款 74
147　Timing of Payments　付款时间安排 74
148　Delayed Payment　延误付款 75
149　Payment of Retention Money　保留金支付 75
1410　Statement at Completion　施工报表 76
1411　Application for Final Payment　终付款申请 76
1412　Discharge　结清证明 77
1413　Final Payment　终付款 77
1414　Cessation of Employer’s Liability　雇责中止 78
1415　Currencies of Payment　支付货币 78
15　Termination by Employer　雇终止 79
151　Notice to Correct　通知改正 79
152　Termination by Employer　雇终止 79
153　Valuation at Date of Termination　终止日期时估价 81
154　Payment after Termination　终止付款 81
155　Employer’s Entitlement to Termination　雇终止权利 82
16　Suspension and termination by Contractor承包商暂停终止 82
161　Contractor’s Entitlement to Suspend Work　承包商暂停工作权利 82
162　Termination by Contractor　承包商终止 83
163　Cessation of Work and Removal of Contractor’s Equipment　停止工作承包商设备撤离 84
164　Payment on Termination　终止时付款 84
17　Risk and Responsibility　风险职责 85
171　Indemnities　保障 85
172　Contractor’s Care of the Works　承包商工程 86
173　Employer’s Risks　雇风险 87
174　Consequence of Employer’s Risks　雇风险果 87
175　Intellectual and Industrial Property Rights　知识产权工业产权 88
176　Limitation of Liability　责限度 89
18　Insurance　保险 89
181　General Requirements for Insurances　关保险般求 89
182　Insurance for Works and Contractor’s Equipment　工程承包商设备保险 91
183　Insurance against Injury to Persons and Damage to Property　身伤害财产损害险 93
184　Insurance for Contractor’s Personnel　承包商员保险 94
19　Force Majeure　抗力　 94
191　Definition of Force Majeure　抗力定义 95
192　Notice of Force Majeure　抗力通知 96
193　Duty to Minimise Delay　延误减义务 96
194　Consequences of Force Majeure　抗力果 96
195　Force Majeure Affecting Subcontractor　抗力影响分包商 97
196　Optional Termination Payment and Release　选择终止支付解 97
197　Release from Performance under the Law　根法律解履约 98
20　Claims Disputes and Arbitration　索赔争端仲裁 98
201　Contractor’s Claims　承包商索赔 99
202　Appointment of the Dispute Adjudication Board　争端裁决委员会命 100
203　Failure to Agreement Dispute Adjudication Board　争端裁决委员会未取致时 102
204　Obtaining Dispute Adjudication Board’s Decision　取争端裁决委员会决定 102
205　Amicable Settlement　友解决 103
206　Arbitration　仲裁 104
207　Failure to Comply with Dispute Adjudication Board’s Decision　未遵守争端裁决委员会决定 105
208　Expiry of Dispute Adjudication Board’s Appointment　争端裁决委员会命期满 105

1　General Provisions
般规定
11　Definitions
定义
In the Conditions of Contract (these Conditions) which include Particular Conditions and these General Conditions the following words and expressions shall have the meaning stated Words indicating persons or parties include corporation and other legal entities except where the context requires otherwise
合条件（条件）包括专条件通条件中列词语措辞应具述含义文求外文中员事方等词语包括公司合法实体
111　The Contract consignee
合
1111　Contract means the Contract Agreement these Conditions the Employer’s Requirement the Tender and further document (if any) which are listed in the Contract Agreement
合系指合协议书条件雇求投标书合协议书列出文件（果）
1112　Contract Agreement means the contract agreement referred to in SubClause 16 [Contract Agreement] including any annexed memoranda
合协议书系指第16款[合协议书]中述合协议书附项备忘录
1113　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 andor design andor other technical criteria for the Works
雇求系指合中包括题雇求文件中列明工程目标范围（）设计（）技术标准合项文件作补充修改
1114　Tender means the Contractor’s signed offer for the Works and all other documents which the Contractor submitted therewith (other than these Conditions and Employer’s Requirements if so submitted) as included in the Contract
投标书系指包含合中承包商提交完成工程签署报价提交文件（条件雇求外时提交）
1115　Performance Guarantees and Schedule of payments mean the documents so named (if any) as included in the Contract
履约保证付款计划表系指合中包括具述名称文件（果）
112　Parties and Persons
方员
1121　Party means the Employer or the Contractor as the context requires
事方（方）根文需指雇指承包商
1121　Employer means the person named as employer in the Contract Agreement and the legal successors in title to this person
雇系指合协议书中称雇事财产权合法继承
1123　Contractor means the person(s) named as contractor in the Contract Agreement and the legal successors in title to this person(s)
承包商系指合协议书中称承包商事财产权合法继承
1124　Employer’s Representative means the person named by the Employer in the Contract or appointed from time to time by the Employer under SubClause 31 [ the Employer’s Representative] who acts on behalf of the Employer
雇代表系指雇合中指名员时雇根第31款［雇代表员］规定命代表员
1125　Contractor’s Representative means the person named by the Contractor in the Contract or appointed from time to time by the Contractor SubClause 43 [the Contractor’s Representative] who acts on behalf of the Contractor
承包商代表系指承包商合中指名员时承包商根第43款[承包商代表]规定命代表员
1126　Employer’s Personnel means the Employer’s Representative the assistants referred to in SubClause 32 [Other Employer’s Personnel] and all other staff labour and other employees of the Employer and of the Employer’s Representative and any other personnel notified to the Contractor by the Employer or the Employer’s Representative as Employer’s Personnel
雇员系指雇代表第32款[雇员]中提助手雇雇代表职员工雇员雇雇代表通知承包商作雇员员
1127　Contractor’s Personnel means the Contractor’s Representative and all personnel 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
承包商员系指承包商代表承包商现场聘员包括承包商分包商职员工雇员帮助承包商实施工程员
1128　Subcontractor 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
分包商系指完成部分工程合中指名分包商命分包商员员财产权合法继承
1129　DAB means the person or three persons so named in the Contract or other person(s) appointed under SubClause 202 [Appointment of the Dispute Adjudication Board] or SubClause 203 [Failure to Agree Dispute Adjudication Board]
DAB（争端裁决委员会）系指合中指名名三名员根第202款[争端裁决委员会命]第203款[争端裁决委员会未取致]规定命员
11210　FIDIC means the Federation International des IngenieursConseils the international federation of consulting engineers
菲迪克（FIDIC）系指国际咨询工程师联合会
113　Dates Test Periods and Completion
日期试验期限竣工
1131　Base Date means the date 28 days prior to the latest date for submission of the Tender
基准日期系指递交投标书截止前28天日期
1132　Commencement Date means the date notified under SubClause 81 [Commencement of Works] unless otherwise defined in the Contract Agreement
开工日期系指根第81款[工程开工]规定通知日期合协议书中规定外
1133　Time for Completion means the time for completing the Works or a Section (as the case may be) under SubClause 82 [Time for Completion] as stated in the Particular Conditions (with any extension under SubClause 84 [Execution of Time for Completion]) calculated from the Commencement Date
竣工时间系指专条件中规定开工日期算起工程某分项工程（视情况定）根第82款[竣工时间]规定求竣工（连根第84款[竣工时间延长]规定提出延长期）全部时间
1134　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
竣工试验系指合中规定双方商定指示作项变更工程某分项工程（视情况定）雇接收前根第9条[竣工试验]求进行试验
1135　TakingOver Certificate means a certificate issued under Clause 10 [Employer’s Taking Over]
接收证书系指根第10条[雇接收]规定颁发证书
1136　Tests after Completion means the tests (if any) 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
竣工试验系指合中规定工程某分项工程（视情况定）雇接收根第12条[竣工试验]求进行试验（果）
1137　Defects Notification Period means the period for notifying defects in the Works or a Section (as the case may be) under SubClause 111 [Completion of Understanding Works and Remedying Defects] as stated in the Particular Conditions (with any extension under SubClause 113 [Extension of Defects Notification Period]) calculated from the date on which the Works or Section is competed as certified under SubClause 101 [Taking Over of the Works and Sections] If no such period is stated in the Particular Conditions the period shall be one year
缺陷通知期限系指专条件中规定工程某分项工程（视情况定）根第101款[工程分项工程接收]规定证明竣工日期算起根第111款[完成扫尾工作修补缺陷]规定通知工程分项工程存缺陷期限（连根第113款[缺陷通知期限延长]规定提出延长期）果专条件中没提出期限该期限应年
1138　Performance Certificate means the certificate issued under SubClause 119 [Performance Certificate]
履约证书系指根第119款[履约证书]规定颁发证书
1139　day means a calendar day and year means 365 days
日（天）系指日历日年系指365天
114　Money and Payments
款项付款
1141　Contract Price means the agreed amount stated in the Contract Agreement for the design execution and completion of the Works and the remedying of any defects and includes adjustment (if any) in accordance with the contract
合价格系指合协议书中写明商定工程设计施工竣工缺陷修补款额包括合做出调整（果）
1142　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 profit
成（费）系指承包商现场外发生（发生）合理开支包括理费类似支出包括利润
1143　Final Statement means the statement defined in SubClause 1411[Application for Final Payment]
终报表系指第1411款[终付款申请]规定报表
1144　Foreign Currency means a currency in which part (or all) of the Contract Price is payable but not the Local Currency
外币系指支付合价格中部分（全部）款项货币外某种货币
1145　Local Currency means the currency of the Country
货币系指工程国货币
1146　Provisional Sum means a sum (if any) which is specified in the Contract as a provisional sum for the execution of any part of the Works or for the supply of Plant Material or services under SubClause 135 [Provisional Sums]
暂列金额系指合中规定作暂列金额笔款额（果）根第135款[暂列金额]规定工程某部分实施提供生产设备材料服务
1147　Retention Money means the accumulated retention moneys which the Employer retains under SubClause 143 [Application for Interim Payments] and pays under SubClause 149 [Payment of Retention Money]
保留金系指雇根第143款[期中付款申请]规定扣留保留金累计金额根第149款[保留金支付]规定进行支付
1148　Statement means a statement submitted by the Contractor as part of an application for payment under Clause 14 [Contract Price and Payment]
报表系指承包商根第14条[合价格付款]规定提交作付款申请组成部分报表
115　Works and Goods
工程货物
1151　Contractor’s Equipment means all apparatus machinery vehicles and other things required for the execution and completion of the Works and remedying of any defects However Contractor’s Equipment excludes Temporary Works Employer’s Equipment (if any) Plant Materials and any other things intended to form or forming part of the Permanent Works
承包商设备系指实施完成工程修补缺陷需仪器机械车辆物品承包商设备包括时工程雇设备（果）拟构成正构成永久工程部分生产设备材料物品
1152　Goods means Contractor’s Equipment Materials Plant and Temporary Works or any of them as appropriate
货物系指承包商设备材料生产设备时工程视情况中种
1153　Materials means things of all kinds (other than Plant) intended to form or forming part of the Permanent Works including the supplyonly materials (if any) to be supplied by the Contractor under the Contract
材料系指拟构成正构成永久工程部分类物品（生产设备外）包括根合承包商供应供材料（果）
1154　Permanent Works means the permanent works to be designed and executed by the Contractor under the Contract
永久工程系指根合承包商进行设计施工永久性工程
1155　Plant means the apparatus machinery and vehicles intended to form or forming part of the Permanent Works
生产设备系指拟构成正构成永久工程部分仪器机械车辆
1156　Section means a part of the Works specified in the Particular Conditions as a Section (if any)
分项工程系指专条件中确定分项工程（果）工程组成部分
1157　Temporary Works means all temporary works of every kind (other than Contractor’s Equipment) required on Site for the execution and completion of the Permanent Works and the remedying of any defects
时工程系指实施完成永久工程修补缺陷现场需类时性工程（承包商设备外）
1158　Works means the Permanent Works and the Temporary Works or either of them as appropriate
工程系指永久工程时工程视情况指二者
116　Other Definitions
定义
1161　Contractor’s Documents means the calculations computer programs and other software drawings manuals models and other documents of a technical nature supplied by the Contractor under the Contract as described in SubClause 52 [Contractor’s Documents]
承包商文件系指第52条款[承包商文件]中述承包商根合应提交计算书 计算机程序软件图纸手册模型技术性文件
1162　Country means the country in which the Site (or most of it) is located where the Permanent Works are to be executed
工程国系指实施永久工程现场（部分）国家
1163　Employer’s Equipment means the apparatus machinery and vehicles (if any) made available by the Employer for the use of the Contractor in the execution of the Works as stated in the Employer’s Requirements but does not include Plant which has not been taken over by the Employer
雇设备系指雇求中述雇提供供承包商实施工程中仪器机械车辆（果）包括尚未雇接收生产设备
1164　Fore Majeure is defined in Clause 19 [Fore Majeure]
抗力见第19条[抗力]定义
1165　Laws means all national (or state) legislation statutes ordinances and other laws and regulations and bylaws of any legally constituted public authority
法律系指全国性（洲）法律条例法令法律合法建立公局制定规细等
1116　Performance Security means the security (or securities if any) under SubClause 42 [Performance Security]
履约担保系指根第42款[履约担保]规定担保（项担保果）
1167　Site means the places where the Permanent Works are to be executed and to which Plant and Materials are to be delivered and any other places as may be specified in the Contract as forming part of the Site
现场系指实施永久工程运送生产设备材料达点合中指定现场组成部分场
1168　Variation means any change to the Employer’s Requirements or the Works which is instructed or approved as a variation under Clause 13 [Variation and Adjustment]
变更系指第13条[变更调整]规定指示批准作变更雇求工程做更改
12　Interpretation
解释
In the Contract except where the context requires otherwise
合中文需外：
（a） Words indicating one gender include all genders
表示某性词包括性
（b） Words indicating the singular also include the plural and words indicating the plural and words indicating the plural also include the singular
单数形式词包括复数含义反然
（c） Provisions including the word agree agreed or agreement require the agreement to be recorded in writing and
包括意（商定）已达成（取）致协议等词项规定求书面记载
（d）written or in writing means handwritten typewritten printed or electronically made and resulting in a permanent record
书面书面系指手写字印刷电子制作形成永久性记录
The marginal words and other headings shall not be taken into consideration in the interpretation of these Conditions
旁注标题条件解释中应考虑
13　Communications
通信交流
Wherever these Conditions provide for the giving or issuing of approvals certificates consents determinations notices and requests these communications shall be
条件种场合规定予颁发批准证明意确定通知请求时通信信息应：
（a） in writing and delivered by hand(against receipt) sent by mail or courier or transmitted using any of agreed systems of electronic transmission as stated in the Particular Conditions and
采书面形式面交（取方收）通邮寄信差传送专条件中提出商定电子传输方式发送
（b） delivered sent or transmitted to the address for the recipient’s communications as stated in the Contract However
交付传送传输合中注明接收址
（i） if the recipient gives notice of another address communications shall thereafter be delivered accordingly and
接收通知外址时通信信息应新址发送
（ii） 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
接收请求批准意时没外说明请求发出址发送
Approval certificates consents and determinations shall not be unreasonably withheld or delayed
批准证明意确定扣压拖延
14　Law and Language
法律语言
The Contract shall be governed by the law of the country (or other jurisdiction) stated in the Particular Conditions
合应受专条件中述国家（司法辖区）法律辖
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 Particular Conditions shall prevail
合部分文采种语言编写时应专条件中指定导语言文准
The language for communications shall be that stated in the Particular Conditions If no language is stated there the language for communications shall be the language in which the Contract (or most of it) is written
通讯交流应专条件中指定语言未指定应合（部分）编写语言
15　Priority of Document
文件优先次序
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
构成合文件认互相说明解释目文件优先次序：
（a） the Contract Agreement
合协议书
（b） the Particular Conditions
专条件
（c） these General Conditions
通条件
（d） the Employer’s Requirements
雇求
（e） the Tender and other documents forming part of the Contract
投标书构成合组成部分文件
16　Contract Agreement
合协议书
The Contract shall come into full force and effect on the date stated in the Contract Agreement 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
合合协议书规定日期起全面实施生效签订合协议书法征收印花税类似费（果）应雇承担
17　Assignment
权益转
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
方应合全部部分合中根合具利益权益转方：
（a） may assign the whole or any part with the prior agreement of the other Party at the sole discretion of such other Party and
方完全决定情况事先征意全部部分转
（b） may as security in favor of a bank or financial institution assign its right to any moneys due or to become due under the Contract
作银行金融机构受款担保转根合规定期期应款项权利
18　Care and Supply of Document
文件提供
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 Employer six copies of each of the Contractor’s Documents
份承包商文件应承包商保存非直雇接收止非合中规定承包商应雇提供承包商文件式六份
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 right of access to all these documents at all reasonable times
承包商应现场保存份合雇求承包商文件变更根合发出文书雇员权合理时间文件
If 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
果方发现实施工程准备文件中技术性错误缺陷应立该错误缺陷通知方
19　Confidentiality
保密性
Both Parties shall treat the details of the Contract as private and confidential except to the extent necessary to carry out obligations under it or to comply with applicable Laws The Contractor shall not publish permit to be pubished or disclose any particulars of the Works in any trade or technical paper or elsewhere without the previous agreement of the Employer
根合履行义务遵守适法律需外双方应合详情视私秘密没雇事先意承包商商业技术文场合发表允许发表透漏工程细节
110　Employer’s Use of Contractor’s Documents
雇承包商文件
As between the Parties the Contractor shall retain the copyright and other intellectual property rights in the Contractor’s Documents and other design documents made by(or on behalf of) the Contractor
承包商（名义）编制承包商文件设计文件事双方言版权知识产权应承包商
The Contractor shall be deemed (by signing the Contract) to give to the Employer a nonterminable transferable nonexclusive royaltyfree licence to copy use and communicate the Contractor’s Documents including making and using modifications of them This licence shall
承包商（通签署合）应认已予雇项限期转排免版税复制传送承包商文件许包括做出修改修改文件许项许：
（a） apply throughout the actual or intended working life (whichever is longer) of the relevant parts of the Works
适工程相关部分实际预期寿命期（取较长）
（b） entitle any person in proper possession of the relevant part of the Works to copy use and communicate the Contractor’s Documents for the purposes of completing operating maintaining altering adjusting repairing and demolishing the Works and
允许具工程相关部分正占权完成操作维修更改调整修复拆工程目复制传送承包商文件
（c） in the case of Contractor’s Documents which are in the form of computer programs and other software permit their use on any computer on the Site and other places as envisaged by the Contract including replacements of any computers supplied by the Contractor
承包商文件计算机程序软件形式情况允许现场合中设想场计算机包括承包商提供计算机进行换
The Contractor’s Documents and other design documents made by (or on behalf of) the Contractor shall not without the Contractor’s consent be used copied or communicated to a third party by (or on behalf of) the Employer for purposes other than those permitted under this SubClause
未承包商意雇（名义）款允许外目复制承包商（名义）编制承包商文件设计文件传送第三方
111　Contractor’s Use of Employer’s Documents
承包商雇文件
As between the Parties the Employer shall retain the copyright and other intellectual property rights in the Employer’s Requirements and other documents made by (or on behalf of) the Employer The Contractor may at his cost copy use and obtain communication of these documents for the purposes of the Contract
雇（名义）编制雇求文件事双方言版权知识产权应雇承包商合目费复制传送述文件
They shall not without the Employer’s consent be copied used or communicated to a third party by the Contractor except as necessary for the purposes of the Contract
合需外未雇意承包商复制述文件传送第三方
112　Confidential Details
保密事项
The Contractor shall not be required to disclose to the Employer any information which the Contractor described in the Tender as being confidential The Contractor shall disclose any other information which the Employer may reasonably require in order to verify the Contractor’s compliance with the Contract
求承包商雇透漏投标书中称秘密信息雇证实承包商遵守合情况正需信息承包商应透漏
113　Compliance with Laws
遵守法律
The Contractor shall in performing the Contract comply with applicable Laws Unless otherwise stated in the Particular Conditions
承包商履行合期间应遵守适法律非专条件中规定：
（a） the Employer shall have obtained (or shall obtain) the planning zoning or similar permission for the Permanent Works and any other permissions described in 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
雇应已（）永久工程取规划区域划定类似许雇求中述雇已（）取许雇应保障保持承包商免受未完成述工作带伤害
（b） the Contractor shall give all notices pay all taxes duties and fees and obtain all permits licences and approvals as required by the Laws in relation to the design execution and completion of the Works and 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
承包商应发出通知缴纳项税费法律关工程设计实施竣工修补缺陷等方面求办理领取需全部许执批准承包商应保障保持雇免受未完成述工作带伤害
114　Joint and Several Liability
责
If the Contractor constitutes (under applicable Laws) a joint venture consortium or other unincorporated grouping of two or more persons
果承包商两两事（适法律）组成联营体联合体未立案组合：
（a） these persons shall be deemed to be jointly and severally liable to the Employer for the performance of the Contract
事应认履行合雇负责
（b） these persons shall notify the Employer of their leader who shall have authority to bind the Contractor and each of these persons and
事应权约束承包商事负责通知雇
（c） the Contractor shall not alter it’s composition or legal status without the prior consent of the Employer
未雇事先意承包商改变组成法律位
2　The Employer
雇
21　Right of Access to the Site
现场进入权
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 Particular Conditions The right and 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
雇应专条件中规定时间（时间）承包商进入占现场部分权利项进入占权承包商独享果根合求雇（承包商）提供基础结构生产设备进入手段占权雇应雇求中规定时间方式提供 雇收履约担保前保留述进入占权暂予
If no such time is stated in the Particular Conditions the Employer shall give the Contractor right of access to and possession of the Site with effect from the Commencement Date
果专条件中没规定述时间雇应开工日期起承包商进入占现场权利
If the Contractor suffers delay andor incurs Cost as a result of a failure by the Employer to give any such right or possession within such time the Contractor shall give notice to the Employer and shall be entitled subject to SubClause 201 [Contractor’s Claims] to
果雇未时承包商述进入占权利承包商遭受延误（）招致增加费承包商应雇发出通知根第201款[承包商索赔]规定权求
（a） an extension of time for any such delay if completion is or will be delayed under SubClause 84 [Extension of Time for Completion] and
根第84款[竣工时间延长]规定果竣工已受延误类延误予延长期
（b） payment of any such Cost plus reasonable profit which shall be added to the Contract Price
类费合理利润应加入合价格予支付
After receiving this notice the Employer shall proceed in accordance with SubClause 35 [Determinations] to agree or determine these matters
收通知雇应第35款[确定]规定项求做出商定确定
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
果出现雇违约承包商错误延误包括承包商文件中错误提交延误造成情况承包商应权述延长期费利润
22　Permits Licences or Approves
许执批准
The Employer shall (where he is in a position to do so) provide reasonable assistance to the Contractor at the request of the Contractor
雇应()根承包商请求提供合理协助
（a） by obtaining copies of the Laws of the Country which are relevant to the Contract but are not readily available and
取合关易工程国法律文
（b） for the Contractor’s applications for any permits licences or approvals required by the Laws of the Country
协助承包商申办工程国法律求许执批准：
（i） which the Contractor is required to obtain under SubClause 113 [Compliance with Laws]
根第113款[遵守法律]规定承包商需
（ii） for the delivery of Goods including clearance through customs and
运送货物包括结关需
（iii） for the export of Contractor’s Equipment when it is removed from the Site
承包商设备运离现场出口时需
23　Employer’s personnel
雇员
The Employer shall be responsible for ensuring that the Employer’s Personnel and the Employer’s other contractors on the Site
雇应负责保证现场雇员承包商做：
（a） cooperate with the Contractor’s efforts under SubClause 46 [Cooperation]and
根第46款[合作]规定承包商项努力进行合作
（b） take actions similar to those which the Contractor is required to take under subparagraphs (a) (b) and (c) of SubClause 48 [Safety Procedures] and under SubClause 418 [protection of the Environment]
采取根第48款[安全程序](a)(b)(c)项第418款[环境保护]求承包商采取类似行动
24　Employer’s Financial Arrangements
雇资金安排
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] If the Employer intends to make any material change to his financial arrangements the Employer shall give notice to the Contractor with detailed particulars
雇应收承包商求28天提出已做维持资金安排合理证明说明雇够第14条[合价格付款]规定支付合价格(时估算)果雇拟资金安排做重变更应变更详细情节通知承包商
25　Employer’s Claims
雇索赔
If the Employer considers himself to be entitled to any payment under any Clause of these Conditions or otherwise in connection with the Contract andor to any extension of the Defects Notification Period he shall give notice and particulars to the Contractor However notice is not required for payments due under SubClause 419 [Electricity Water and Gas] under SubClause 420 [Employer’s Equipment and FreeIssue Material] or for other services requested by the Contractor
果雇认根条件条款合关外事项权付款（）缺陷通知期限延长应承包商发出通知说明细节承包商根第419款[电水燃气]第420款[雇设备免费供应材料]规定期付款承包商求服务应付款需发出通知
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
通知应雇解引起索赔事件情况快发出关缺陷通知缺陷延长通知应该期限期前发出
The particulars shall specify the Clause or other basis of the claim and shall include substantiation of the amount andor extension to which the Employer considers himself to be entitled in connection with the Contract The employer shall then proceed in accordance with SubClause 35 [Determinations] to agree or determine (ⅰ) the amount (if any) which the Employer is entitled to be paid by the Contractor andor (ⅱ)the extension (if any) of the Defects Notification Period in accordance with SubClause 113 [Extension of the Defects Notification Period]
通知细节应说明提出索赔根条款应包括雇认根合权索赔金额()延长期事实然雇应第35款[确定]求商定确定(ⅰ)雇权承包商支付金额(果)()(ⅱ)第113款[缺陷通知期限延长]规定缺陷通知期限延长期(果)
The Employer may deduct this amount from any moneys due or to become due to the Contractor The Employer shall only be entitled to set off against or make any deduction from an amount due to the Contractor or to otherwise claim against the Contractor in accordance with this SubClause or with subparagraph (a) andor (b) of SubClause 146 [Interim Payments]
雇述金额承包商期期应付款中扣减雇应仅权根款第146款[期中付款](a)()(b)项规定承包商应付款中销扣减外承包商提出索赔
3　The Employer’s Administration
雇理
31　The Employer’s Representative
雇代表
The Employer may appoint an Employer’s Representative to act on his behalf under the Contract In this event he shall give notice to the Contractor of the name address duties and authority of the Employer’s Representative
雇命名雇代表代表根合进行工作情况应雇代表姓名址务权利通知承包商
The Employer’s Representative Shall carry out the duties assigned to him and shall exercise the authority delegated to him by the Employer Unless and until the Employer notifies the Contractor otherwise the Employer’s Representative shall be deemed to have the full authority of the Employer under the Contract except in respect of Clause 15 [Determination by Employer]
雇代表应完成指派务履行雇托付权利非直雇行通知承包商雇代表认具雇根合规定全部权力涉第15条[雇终止]规定权利外
If the Employer wishes to replace any person appointed as Employer’s Representative the Employer shall give the Contractor not less than 14 days’ notice of the replacement’s name address duties and authority and of the date of appointment
果雇希换已命雇代表应少14天前换姓名址务权力命日期通知承包商
32　The Employer’s personnel
雇员
The Employer or the Employer’s Representative may from time to time assign duties and delegate authority to assistants and may also revoke such assignment or delegation These assistants may include a resident engineer andor independent inspectors appointed to inspect andor test items of Plant andor Materials The assignment delegation or revocation shall not take effect until a copy of it has been received by the Contractor
雇雇代表时助手指派托付定务权力撤消指派付托助手包括驻工程师（）担检验（）试验项生产设备（）材料独立检查员指派付托撤销承包商收抄件生效
Assistant shall be suitably qualified persons who are competent to carry out these duties and exercise this authority and who are fluent in the language for communications defined in SubClause 14[Law and Language]
助手应具适资质履行务权利力流利第14款[法律语言]规定交流语言
33　Delegated Persons
受托员
All these persons including the Employer’s Representative and assistants to whom duties have been assigned or authority has been delegated shall only be authorised to issue instructions to the Contractor to the extent defined by the delegation Any approval check certificate consent examination inspection instruction notice proposal request test or similar act by a delegated person in accordance with the delegation shall have the same effect as though the act had been an act of the Employer However
员包括已指派务付托权力雇代表助手应授权付托规定范围承包商发布指示受托员根付托做出批准校核证明意检查检验指示通知建议求试验类似行动应雇采取行动样效：
（a） unless otherwise stated in the delegated person’s communication relating to such act it shall not relieve the Contractor from any responsibility he has under the Contract including responsibility for errors omissions discrepancies and noncompliances
非受托员关述行动信函中说明该行动免承包商根合应承担职责包括错误遗漏误差未遵办职责
（b） any failure to disapprove any work Plant or Materials shall not constitute approval and shall therefore not prejudice the right of the Employer to reject the work Plant or Materials and
未工作生产设备材料提出否定意见应构成批准应影响雇拒绝该工作生产设备材料权利
（c） if the Contractor questions any determination or instruction of a delegated person the Contractor may refer the matter to the Employer who shall promptly confirm reverse or vary the determination or instruction
果承包商受托员确定指示提出质疑承包商事项提交雇雇应迅速该确定指示进行确认取消更改
34　Instructions
指示
The Employer may issue to the Contractor instructions which may be necessary for the Contractor to perform his obligations under the Contract Each instruction shall be given in writing and shall state the obligations to which it relates and the SubClause (or other term of the Contract) in which the obligations are specified If any such instruction constitutes a variation Clause 13 [Variations and Adjustments] shall apply
雇承包商发出承包商根合履行义务需指示项指示应书面说明关义务规定义务条款（合条款）果类指示构成项变更时应第13条［变更调整］规定办理
The Contractor shall take instructions from the Employer or from the Employer’s Representative or an assistant to whom the appropriate authority has been delegated under this Clause
承包商应接受雇雇代表根条受托相应权力助手指示
35　Determinations
确定
Whenever these Conditions provide that the Employer shall proceed in accordance with this SubClause 35 to agree or determine any matter the Employer shall consult with the Contractor in an endeavour to reach agreement If agreement is not achieved the Employer shall make a fair determination in accordance with the Contract taking due regard of all relevant circumstances
条件规定雇应第35款事项进行商定确定时雇应承包商协商量达成协议果达成协议雇应关情况予应考虑合作出公正确定
The Employer shall give notice to the Contractor of each agreement or determination with supporting particulars Each Party shall give effect to each agreement or determination unless the Contractor gives notice to the Employer of his dissatisfaction with a determination within 14 days of receiving it Either Party may then refer the dispute to the DAB in accordance with SubClause 204 [Obtaining Dispute Adjudication Board’s Decision]
雇应项商定确定连细节通知承包商方应履行项商定确定非承包商收通知14天雇发出通知某项确定表示满时方第204款［取争端裁决委员会决定］规定争端提交DAB
4　The Contractor
承包商
41　The Contractor’s General Obligations
承包商般义务
The Contractor shall design execute and complete the Works in accordance with the Contract and shall remedy any defects in the Works When completed the Works shall be fit for the purposes for which the Works are intended as defined in the Contract
承包商应合设计实施完成工程修补工程中缺陷完成工程应满足合规定工程预期目
The Contractor shall provide the Plant and Contractor’s Documents specified in the Contract and all contractor’s Personnel Goods consumables and other things and services whether of a temporary or permanent nature required in and for this design execution completion and remedying of defects
承包商应提供合规定生产设备承包商文件设计施工竣工修补缺陷需时性永久性承包商员货物消耗品物品服务
The Works shall include any work which is necessary to satisfy the Employer’s Requirements or is implied by the Contract and all works which (although not mentioned in the Contract) are necessary for stability or for the completion or safe and proper operation of the Works
工程应包括满足雇求合隐含求工作（合未提）工程稳定完成安全效运行需工作承包商应现场作业施工方法全部工程完备性稳定性安全性承担责
The Contractor shall be responsible for the adequacy stability and safety of all Site operations of all methods of construction and of all the Works
承包商应现场作业施工方法全部工程完备性稳定性安全性承担责
The Contractor shall whenever required by the Employer submit details of the arrangements and methods which the Contractor proposes to adopt for the execution of the Works No significant alteration to these arrangements and methods shall be made without this having previously been notified to the Employerthe
雇提出求时承包商应提交建议采工程施工安排方法细节事先未通知雇安排方法做重改变
42　Performance security
履约担保
The Contractor shall obtain (at his cost) a Performance Security for proper performance in the amount and currencies stated in the Particular Conditions if an amount is not stated in the Particular Conditions this SubClause shall not apply
承包商应严格履约（费）取履约担保保证金额币种应符合专条件中规定专条件中没提出保证金额款应适
The Contractor shall deliver the Performance Security to the Employer within 28 days after both Parties have signed the Contract Agreement The Performance Security shall be issued by an entity and from within a country (or other jurisdiction) approved by the Employer and shall be in the form annexed to the Particular Conditions or in another form approved by the Employer
承包商应双方签署合协议书28天履约担保交雇履约担保应雇批准国家（司法辖区）实体提供采专条件附格式采雇批准格式
The Contractor shall ensure that the Performance Security is valid and enforceable until the Contractor has executed and completed the Works and remedied any defects If the terms of the Performance Security specify its expiry date and the Contractor has not become entitled to receive the Performance Certificate by the date 28 days prior to the expiry date the Contractor shall extend the validity of the Performance Security until the Works have been completed and any defects have been remedied
承包商应确保履约担保直完成工程施工竣工修补完缺陷前持续效执行果履约担保条款中规定期满日期承包商该期满日期28天前尚权履约证书承包商应履约担保效期延工程竣工修补完缺陷时止
The Employer shall not make a claim under the Performance Security except for amounts to which the Employer is entitled under the Contract in the event of
出现情况雇根合权获金额外雇应根履约担保提出索赔：
（a） failure by the Contractor to extend the validity of the Performance Security as described in the preceding paragraph in which event the Employer may claim the full amount of the Performance Security
承包商未前段述延长履约担保效期时雇索赔履约担保全部金额
（b） failure by the Contractor to pay the Employer an amount due as either agreed by the Contractor or determined under Subclause 25 [Employer’s Claims] or Clause 20 [Claims Disputes and Arbitration] within 42 days after this agreement or determination
承包商未商定确定42天承包商意根第25款［雇索赔］第20条［索赔争端仲裁］规定确定承包商应付金额付雇
（c） failure by the Contractor to remedy a default within 42 days after receiving the Employer’s notice requiring the default to be remedied or
承包商未收雇求纠正违约通知42天进行纠正
（d） circumstances which entitle the Employer to termination under SubClause 152 [Termination by Employer] irrespective of whether notice of termination has been given
根第152款［雇终止］规定雇权终止情况否已发出终止通知
The Employer shall indemnify and hold the Contractor harmless against and from all damages losses and expenses (including legal fees and expenses) resulting from a claim under the Performance Security to the extent to which the Employer was not entitled to make the claim
雇应保障保持承包商免受雇根履约担保提出超出雇权索赔范围索赔引起损害赔偿费损失开支（包括法律费开支）伤害
The Employer shall return the Performance Security to the Contractor within 21 days after the Contractor has become entitled to receive the Performance Certificate
雇应承包商权获履约证书21天履约担保退承包商
43　Contractor’s Representative
承包商代表
The Contractor shall appoint the Contractor’s Representative and shall give him all authority necessary to act on the Contractor
’s behalf under the Contract
承包商应命承包商代表授予代表承包商根合采取行动需全部权力非合中已写明承包商代表姓名承包商应开工日期前拟命承包商代表员姓名详细资料提交雇取意果未获意撤销意命担承包商代表
Unless the Contractor’s Representative is named in the Contract the Contractor shall prior to the Commencement Date submit to the Employer for consent the name and particulars of the person the Contractor proposes to appoint as Contractor’s Representative If consent is withheld or subsequently revoked or if the appointed person fails to act as Contractor’s Representative the Contractor shall similarly submit the name and particulars of another suitable person for such appointment
承包商应样提交外适合选姓名详细资料取该项命
未雇事先意承包商应撤销承包商代表命命代员
The Contractor shall not without the prior consent of the Employer revoke the appointment of the Contractor’s Representative or appoint a replacement
承包商代表应代表承包商受理根第34款［指示］规定指示
The Contractor’s Representative shall on behalf of the Contractor receive instructions under SubClause 34 [Instructions]
承包商代表胜员付托职权务权力时撤销付托付托撤销应雇收承包商代表签发指明员姓名说明付托撤销职权务权力事先通知生效
The Contractor’s Representative may delegate any powers functions and authority to any competent person and may at any time revoke the delegation Any delegation or revocation shall not take effect until the Employer has received prior notice signed by the Contractor’s Representative naming the person and specifying the powers functions and authority being delegated or revoked
承包商代表员应流利第14款［法律语言］规定交流语言
The Contractor’s Representative and all these persons shall be fluent in the language for communications defined in SubClause 14 [Law and Language]
44　Subcontractors
分包商
The Contractor shall not subcontract the whole of the Works
承包商整工程分包出
The Contractor shall be responsible for the acts or defaults of any Subcontractor his agents or employees as if they were the acts or defaults of the Contractor Where specified in the Particular Conditions the Contractor shall give the Employer not less than 28 days’ notice of
承包商应分包商代理雇员行违约承包商行违约样负责专条件中规定承包商应少28天前雇通知事项：
（a） the intended appointment of the Subcontractor with detailed particulars which shall include his relevant experience
拟雇分包商附包括相关验详细资料
（b） the intended commencement of the Subcontractor’s work and
分包商承担工作拟定开工日期
（c） the intended commencement of the Subcontractor’s work on the Site
分包商承担现场工作拟定开工日期
45　Nominated Subcontractors
指定分包商
In this SubClause nominated Subcontractor means a Subcontractor whom the Employer under Clause 13 [Variations and Adjustments] instructs the Contractor to employ as a Subcontractor The Contractor shall not be under any obligation to employ a nominated Subcontractor against whom the Contractor raises reasonable objection by notice to the Employer as soon as practicable with supporting particulars
款中指定分包商系指雇根第13条［变更调整］规定指示承包商雇分包商果承包商指定分包商快雇发出通知提出合理反意见附详细资料承包商应雇义务
46　Cooperation
合作
The Contractor shall as specified in the Contract or as instructed by the Employer allow appropriate opportunities for carrying out work to
承包商应合规定雇指示雇现场附事合未包括工作列员进行工作提供适机会：
（a） the Employer’s personnel
雇员
（b） any other contractors employed by the Employer and
雇雇承包商
（c） the personnel of any legally constituted public authorities
合法建立公局员
who may be employed in the execution on or near the Site of any work not included in the Contract
Any such instruction shall constitute a variation if and to the extent that it causes the Contractor to incur Cost in an amount which was not reasonably foreseeable by an experienced contractor by the date for submission of the Tender Services for these personnel and other contractors may include the use of Contractor’s Equipment Temporary Works or access arrangements which are the responsibility of the Contractor
果类指示导致承包商增加费达验承包商提交投标书时合理预见数额时该指示应构成项变更员承包商服务包括承包商设备承包商负责时工程进入安排

The Contractor shall be responsible for his construction activities on the Site and shall coordinate his own activities with those of other contractors to the extent (if any) specified in the Employer’s Requirements
承包商应现场施工活动负责应雇求中规定范围（果）协调承包商活动

If under the Contract the Employer is required to give to the Contractor possession of any foundation structure plant or means of access in accordance with Contractors Documents the Contractor shall submit such documents to the Employer in the time and manner stated in the Employer’s Requirements
果根合求雇承包商文件承包商提供基础结构生产设备进入手段占权承包商应雇求中提出时间方式雇提交类文件


47　Setting out
放线
The Contractor shall set out the Works in relation to original points lines and levels of reference specified in the Contract The Contractor shall be responsible for the correct positioning of all parts of the works and shall rectify any error in the positions levels dimensions or alignment of the Works
承包商应根合中规定原始基准点基准线基准标高工程放线承包商应负责工程部分正确定位应纠正工程位置标高尺寸定线中差错
48　Safety procedures
安全程序
The Contractor shall
承包商应
（a） comply with all applicable safety regulations
遵守适安全规
（b） take care for the safety of all persons entitled to be on the Site
料权现场员安全
（c） use reasonable efforts to keep the Site and Works clear of unnecessary obstruction so as to avoid danger to these persons
合理努力保持现场工程设需障碍物避免员造成危险
（d） providing fencing lighting guarding and watching of the Works until completion and taking over under Clause 10 [Employer’s Taking Over] and
工程竣工第10条[雇接收]规定移交前提供围栏明保卫守
（e） provide any Temporary Works (including roadways footways guards and fences) which may be necessary because of the execution of the Works for the use and protection of the pubic and of owners and occupiers of adjacent land
实施工程公众土占提供保护提供需时工程(包括道路行路防护物围栏等)
49　Quality Assurance
质量保证
The Contractor shall institute a quality assurance system to demonstrate compliance with the requirements of the Contract The system shall be in accordance with the details stated in the Contract The Employer shall be entitled to audit any aspect of the system
承包商应建立质量保证体系证实符合合求该体系应符合合详细规定雇权体系方面进行审查
Details of all procedures and compliance documents shall be submitted to the Employer for information before each design and execution stage is commenced When any document of a technical nature is issued to the Employer evidence of the prior approval by the Contractor himself shall be apparent on the document itself
承包商应设计实施阶段开始前雇提交程序贯彻求文件细节供参考雇发送技术性文件时文件身应承包商事先批准明显证
Compliance with the quality assurance system shall not relieve the Contractor of any of his duties obligations or responsibilities under the Contract
遵守质量保证体系应解合规定承包商务义务职责
410　Site Data
现场数
The Employer shall have made available to the Contractor for his information prior to the Base Date all relevant data in the Employer’s possession on subsurface and hydrological conditions at the Site including environmental aspects The Employer shall similarly make available to the Contractor all such data which come into the Employer’s possession after the Base Date
雇应基准日期前取现场水文条件环境方面关资料提交承包商样雇基准日期类资料应提交承包商
The contractor shall be responsible for verifying and interpreting all such data The Employer shall have no responsibility for the accuracy or completeness of such data except as stated in SubClause 51 [General Design Responsibilities]
承包商应负责核实解释类资料第51款[设计义务般求]提出情况外雇资料准确性充分性完整性承担责
411　Sufficiency of the Contract Price
合价格
The Contractor shall be deemed to have satisfied himself as to the correctness and sufficiency of the Contract Price
承包商应认已确信合价格正确性充分性
Unless otherwise stated in the Contract the Contract price covers all the Contractor’s obligations under the Contract (including those under Provisional Sums if any) and all things necessary for the proper design execution and completion of the Works and the remedying of any defects
非合规定合价格包括承包商根合承担全部义务(包括根暂列金额承担义务果)正确设计实施完成工程修补缺陷需全部关事项
412　Unforeseeable Difficulties
预见困难
Except as otherwise stated in the Contract
合说明外
（a） the Contractor shall be deemed to have obtained all necessary information as to risks contingencies and other circumstances which may influence or affect the Works
承包商应认已取工程产生影响作关风险意外事件情况全部必资料
（b） by signing the Contract the Contractor accepts total responsibility for having foreseen all difficulties and costs of successfully completing the Works and
通签署合承包商接受预见利完成工程困难费全部职责
（c） the Contract Price shall not be adjusted to take account of any unforeseen difficulties or costs
合价格未预见困难费应考虑予调整
413　Rights of way and Facilities
道路通行权设施
The Contractor shall bear all costs and charges for special andor temporary rightsofway which he may require including those for access to the Site The Contractor shall also obtain at his risk and cost any additional facilities outside the Site which he may require for purposes of the Works
承包商应需专()时道路包括进场道路通行权承担全部费开支承包商应担风险费取工程目需现场外附加设施
414　Avoidance of Interference
避免干扰
The Contractor shall not interfere unnecessarily or improperly with
承包商应避免事项产生必干扰
（a） the convenience of the public or
公众方便
（b） the access to and use and occupation of all roads and footpaths irrespective of whether they are public or in the possession of the Employer or of others
道路行道进入占公雇
The Contractor shall indemnify and hold the Employer harmless against and from all damages losses and expenses (including legal fees and expenses) resulting from any such unnecessary or improper interference
承包商应保障保持雇免受类必干扰造成损害赔偿费损失开支(包括法律费开支)伤害
415　Access Route
进场通路
The Contractor shall be deemed to have been satisfied as to the suitability and availability of access routes to the Site The Contractor shall use reasonable efforts to prevent any road or bridge from being damaged by the Contractor’s traffic or by the Contractor’s Personnel These efforts shall include the proper use of appropriate vehicles and routes
承包商应认已现场进入道路适宜性性感满意承包商应合理努力防止道路桥梁承包商通行承包商员受损坏努力应包括正确适宜车辆道路
Except as otherwise stated in these Conditions
条件规定外
（a） the Contractor shall (as between the Parties) be responsible for any maintenance which may be required for his use of access routes
承包商应(双方言)负责现场通路需维护
（b） the Contractor shall provide all necessary signs or directions along access routes and shall obtain any permission which may be required from the relevant authorities for his use of routs signs and directions
承包商应提供进场道路必需标志方指示应道路标志方指示取必关局许
（c） the Employer shall not be responsible for any claims which may arise from the use or otherwise of any access route
雇应进场通路原引起索赔负责
（d） the Employer does not guarantee the suitability or availability of particular access routes and
雇保证特定进场通路适宜性性
（e） Costs due to nonsuitability or nonavailability for the use required by the Contractor of access routes shall be borne by the Contractor
进场通路承包商求适宜发生费应承包商负担
416　Transport of Goods
货物运输
Unless otherwise stated in the Particular Conditions
非专条件中规定
（a） the Contractor shall give the Employer not less than 21 days’ notice of the date on which any Plant or a major item of other Goods will be delivered to the Site
承包商应少21天前工程设备项货物运现场日期通知雇
（b） the Contractor shall be responsible for packing loading transporting receiving unloading storing and protecting all Goods and other things required for the Works and
承包商应负责工程需货物物品包装装货运输接收卸货存储保护
（c） the Contractor shall indemnify and hold the Employer harmless against and from all damages losses and expenses (including legal fees and expenses) resulting from the transport of Goods and shall negotiate and pay all claims arising from their transport
承包商应保障保持雇免受货物运输引起损害赔偿费损失开支(包括法律费开支)伤害应协商支付货物运输引起索赔
417　Contractor’s Equipment
承包商设备
The Contractor shall be responsible for all Contractor’s Equipment When brought on to the Site Contractor’s Equipment shall be deemed to be exclusively intended for the execution of the Works
承包商应负责承包商设备承包商设备运现场应视作准备工程施工专
418　Protection of the Environment
环境保护
The Contractor shall take all reasonable steps to protect the environment (both on and off the Site) and to limit damage and nuisance to people and property resulting from pollution noise and other results of his operations
承包商应采取切适措施保护(现场外)环境限制施工作业引起污染噪音果公众财产造成损害妨害
The Contractor shall ensure that emissions surface discharges and effluent from the Contractor’s activities shall not exceed the values indicated in the Employer’s Requirements and shall not exceed the values prescribed by applicable Laws
承包商应确保活动产生气体排放面排水排污等超雇求中规定数值超适法律规定数值
419　Electricity Water and Gas
电水燃气
The Contractor shall except as stated below be responsible for the provision of all power water and other services he may require
述情况外承包商应负责供应需电水服务
The Contractor shall be entitled to use for the purposes of the Works such supplies of electricity water gas and other services as may be available on the Site and of which details and prices are given in the Employer’s Requirements The Contractor shall at his risk and cost provide any apparatus necessary for his use of these services and for measuring the quantities consumed
承包商应权工程需现场供电力水燃气服务详细规定价格见雇求承包商应担风险费提供服务计量需仪器
The quantities consumed and the amounts due (at these prices) for such services shall be agreed or determined in accordance with SubClause 25 [Employer’s Claims] and SubClause 35 [Determinations] The Contractor shall pay these amounts to the Employer
服务耗数量应付金额(价格)应根第25款[雇索赔]第35款[确定]求商定确定承包商应雇支付金额
420　Employer’s Equipment and FreeIssue Material
雇设备免费供应材料
The Employer shall make the Employer’s Equipment (if any) available for the use of the Contractor in the execution of the Works in accordance with the details arrangements and prices stated in the Employer’s Requirements Unless otherwise stated in the Employer’s Requirements
雇应准备雇设备(果)供承包商雇求中提出细节安排价格工程实施中非雇求中说明
（a） the Employer shall be responsible for the Employer’s Equipment except that
列(b)项列情况外雇应雇设备负责
（b） the Contractor shall be responsible for each item of Employer’s Equipment whilst any of the Contractor’s Personnel is operating it driving it directing it or in possession or control of it
承包商员操作驾驶指挥占控制某项雇设备时承包商应该项设备负责
The appropriate quantities and the amounts due (at such stated price) for the use of Employer’s Equipment shall be agreed or determined in accordance with SubClause 25 [Employer’s Claims] and SubClause 35 [Determinations] The Contractor shall pay these amounts to the Employer
雇设备适数量应付费金额(规定价格)应第25款[雇索赔]第35款[确定]求商定确定承包商应金额付雇
The Employer shall supply free of charge the freeissue material (if any) in accordance with the details stated in the Employer’s Requirement The Employer shall at his risk and cost provide these materials at the time and place specified in the contractor The Contractor shall then visually inspect them and shall promptly give notice to the Employer of any shortage defect or default in these materials Unless otherwise agreed by both Parties the Employer shall immediately rectify the notified shortage defect or default
雇应雇求中规定细节免费提供免费供应材料(果)雇应行承担风险费合规定时间点供应材料承包商应进行目视检查材料短少缺陷缺项迅速通知雇非双方协议雇应立改正通知指出短少缺陷缺项
After this visual inspection the freeissue materials shall come under the care custody and control of the Contractor The Contractor’s obligations of inspection care custody and control shall not relieve the Employer of liability for any shortage defect or default not apparent from a visual inspection
目视检查免费供应材料应承包商监护控制承包商检查监护控制义务应解雇目视检查难发现短少缺陷缺项负责
421　Progress Reports
进度报告
Unless otherwise stated in the Particular Conditions monthly progress reports shall be prepared by the Contractor and submitted to the Employer in six copies The first report shall cover the period up to the end of the first calendar month following the Commencement Date Reports shall be submitted monthly thereafter each within 7 days after the last day of the period to which it relates
非专条件中规定承包商应编制月进度报告式六份提交雇第次报告包括期间应开工日期起月月底止应月报告次次报告期天7日报出
Reporting shall continue until the Contractor has completed all work which is known to be outstanding at the completion date stated in the TakingOver Certificate for the Works
报告应持续承包商完成工程移交证书注明竣工日期时未完扫尾工作止
Each report shall include
份报告应包括
（a） charts and detailed descriptions of progress including each stage of design Contractor’s Documents procurement manufacture delivery to Site construction erection testing commissioning and trial operation
设计承包商文件采购制造货物运达现场施工安装试验投产准备试运行等阶段进展情况图表详细说明
（b） photographs showing the status of manufacture and of progress on the Site
反映制造情况现场进展情况片
（c） for the manufacture of each main item of Plant and Materials the name of the manufacturer manufacture location percentage progress and the actual or expected dated of
关项工程设备材料生产制造商名称制造点进度百分列事项实际预计日期
（i） commencement of manufacture
开始制造
（ii） Contractor’s inspections
承包商检验
（iii） test and
试验
（iv） shipment and arrival at the Site
发货运抵现场
（d） the details described in SubClause 610 [Records of Contractor’s personnel and Equipment]
第610款[承包商员设备记录]中述细节
（e） copies of quality assurance document documents test results and certificates of Materials
材料质量保证文件试验结果合格证副
（f） list of Variations notices given under SubClause 25 [Employer’s Claims] and notices given under SubClause 201 [Contractor’s Claims]
变更根第25款[雇索赔]规定发出通知根第201款[承包商索赔]规定发出通知清单
（g） safety statistic including details of any hazardous incidents and activities relating to environmental aspect and public relations and
安全统计包括环境公关系危害事件活动详细情况
（h） comparisons of actual and planned progress with details of any events or circumstances which may jeopardize the completion in accordance with the Contract and the measures being (or to be) adopted to overcome delays
实际进度计划进度包括影响合竣工事件情况详情消延误正(准备)采取措施
422　Security of the Site
现场保安
Unless otherwise stated in the Particular Conditions
非专条件中规定
（a） the Contractor shall be responsible for keeping unauthorized persons off the Site and
承包商应负责阻止未授权员进入现场
（b） authorized persons shall be limited to the Contractor’s personnel and the Employer’s Personnel and to any other personnel notified to the Contractor by (or on behalf of) the Employer as authorized personnel of the Employer’s other contractors on the Site
授权员应仅限承包商员雇员(代表)雇通知承包商作雇现场承包商授权员员
423　Contractor’s Operations on Site
承包商现场作业
The Contractor shall confine his operations to the Site and to any additional areas which may be obtained by the Contractor and agreed by the Employer as working areas The Contractor shall take all necessary precautions to keep Contractor’s Equipment and Contractor’s Personnel within the Site and these additional areas and to keep them off adjacent land
承包商应作业限制现场承包商雇意作工作场附加区域承包商应采取切必预防措施保持承包商设备承包商员处现场类附加区域避免进入邻区
During the execution of the Works the Contractor shall keep the Site free from all unnecessary obstruction and shall store or dispose of any Contractor’s Equipment or surplus materials The Contractor shall clear away and remove from the Site any wreckage rubbish and Temporary Works which are no longer required
工程施工期间承包商应保持现场没切必障碍物应妥善存放处置承包商设备余材料承包商应现场清运走残物垃圾需时工程
Upon the issue of the TakingOver Certificate for the Works the Contractor shall clear away and remove all Contractor’s Equipment surplus material wreckage rubbish and Temporary Works The Contractor shall leave the Site and the Works in a clean and safe condition However the Contractor may retain on Site during the Defects Notification Period such goods as are required for the Contractor to fulfill obligations under the Contract
颁发工程接收证书承包商应清运走承包商设备剩余材料残物垃圾时工程承包商应现场工程处清洁安全状况缺陷通知期限承包商现场保留根合完成规定义务需类货物
424　Fossils
化石
All fossils coins articles of value or antiquity and structures and other remains or items of geological or archaeological interest found on the Site shall be placed under the care and authority of the Employer The Contractor shall take reasonable precautions to prevent Contractor’s Personnel or other persons from removing or damaging any of these findings
现场发现化石硬币价值物品文物具质考古意义结构物遗迹物品应置雇权限承包商应采取合理预防措施防止承包商员员移动损坏类发现物
The Contractor shall upon discovery of any such finding promptly give notice to the Employer who shall issue instructions for dealing with it If the Contractor suffers delay andor incurs Cost from complying with the instructions the Contractor shall give a further notice to the Employer and shall be entitled subject to SubClause 201[Contractor’s Claims] to
旦发现述物品承包商应立通知雇雇应处理述物品发出指示果承包商执行指示遭受延误（）招致费承包商应雇次发出通知权根第201款[承包商索赔]规定提出
（a） an extension of time for any such delay if completion is or will be delayed under SubClause 84 [Extension of Time for Completion]and
根第84款[竣工时间延长]规定果竣工已受延误类延误予延长期
（b） payment of any such Cost which shall be added to the Contract Price
述费应加入合价格予支付
After receiving this further notice the Employer shall proceed in accordance with SubClause 35[Determinations] to agree or determine these matters
雇收述次通知应第35款[确定]求商定确定事项
5　Design
设计
51　General Design Obligations
设计义务般求
The Contractor shall be deemed to have scrutinized prior to the Base Date the Employer’s Requirements (including design criteria and calculations if any) The Contractor shall be responsible for the design of the Works and for the accuracy of such Employers Requirements (including design criteria and calculations) except as stated below
承包商应视基准日期前已仔细审查雇求(包括设计标准计算果)承包商应负责工程设计列雇应负责部分外雇求(包括设计标准计算)正确性负责
The Employer Shall not be responsible for any error inaccuracy or omission of any kind in the Employer’s Requirements as originally included in the Contract and shall not be deemed to have given any representation of accuracy or completeness of any data or information except as stated below Any data or information received by the contractor from the Employer or otherwise shall not relieve the contractor from his responsibility for the design and execution of the Works
述情况外雇应原包括合雇求中错误准确遗漏负责应认数资料出准确性完整性表示承包商雇方面收数资料应解承包商设计工程施工承担职责
However the Employer shall be responsible for the correctness of the following portions of the Employer’s Requirements and of the following data and information provided by (or on behalf of) the Employer
雇应雇求中列部分(代表)雇提供列数资料正确性负责
（a） portions data and information which are stated in the Contract as being immutable or the responsibility of the Employer
合中规定雇负责变部分数资料
（b） definitions of intended purposes of the Works or any parts thereof
工程部分预期目说明
（c） criteria for the testing and performance of the completed Works and
竣工工程试验性标准
（d） portions data and information which cannot be verified by the Contractor except as otherwise stated in the Contract
合说明外承包商核实部分数资料
52　Contractor’s Documents
承包商文件
The Contractor’s Documents shall comprise the technical documents specified in the Employer’s Requirements documents required to satisfy all regulatory approvals and the documents described in SubClause 56 [AsBuilt Documents] and SubClause57 [Operation and Maintenance Manuals] Unless otherwise stated in the Employer’s Requirements the Contractor’s Documents shall be written in the language for communications defined in SubClause 14 [Law and Language]
承包商文件应包括雇求中规定技术文件满足规章求报批文件第56款[竣工文件]第57款[操作维修手册]中述文件非雇求中说明承包商文件应第14款[法律语言]规定交流语言书写
The Contractor shall prepare all Contractor’s Documents and shall also prepare any other documents necessary to instruct the Contractor’s Personnel
承包商应编制承包商文件应编制指导承包商员需文件
If the Employer’s Requirements describe the Contractor’s Documents which are to be submitted to the Employer for review they shall be submitted accordingly together with a notice as described below In the following provisions of this SubClause (i) review period means the period required by the Employer for review and (ii) Contractor’s Documents exclude an documents which are not specified as being required to be submitted for review
果雇求中描述提交雇审核承包商文件文件应求连文叙述通知报款列规定中(ⅰ)审核期系指雇审核需期限(ⅱ)承包商文件包括未规定提交审核文件
Unless otherwise stated in the Employer’s Requirements each review period shall not exceed 21 days calculated from the date on which the Employer receives a contractor’s Document and the Contractor’s notice This notice shall state that the contractor’s Document is considered ready both for review in accordance with this SubClause and for use The notice shall also state that the Contractor’s Document complies with the Contract or the extent to which it does not comply
非雇求中说明项审核期应超21天雇收份承包商文件承包商通知日期算起该通知应说明承包商文件已供款进行审核通知应说明承包商文件符合合规定情况范围符合
The Employer may within the review period give notice to the Contractor that a Contractor’s Document fails (to the extent stated) to comply with the Contract If a Contractor’s Document so fails to comply it shall be rectified resubmitted and reviewed in accordance with this SubClause at the Contractor’s cost
雇审核期承包商发出通知指出承包商文件(说明范围)符合合规定果承包商文件确实符合该文件应承包商承担费款修正重新报审核
For each part of the Works and except to the extent that the Parties otherwise agree
双方协议范围外工程部分应
（a） execution of such part of the Works shall not commence prior to the expiry of the review periods for all the Contractor’s Documents which are relevant to its design and execution
关该部分设计施工承包商文件审核期尚未期满前开工
（b） execution of such part of the Works shall be in accordance with these Contractor’s Documents as submitted for review and
该部分实施应报审核承包商文件进行
（c） if the Contractor wishes to modify any design or document which has previously been submitted for review the Contractor shall immediately give notice to the Employer Thereafter the Contractor shall submit revised document to the Employer in accordance with the above procedure
果承包商希已送审设计文件进行修改应立通知雇然承包商应前述程序修改文件提交雇
Any such agreement (under the proceeding paragraph) or any review (under this SubClause or otherwise) shall not relieve the Contractor from any obligation or responsibility
（根前段）协议(根款条款)审核应解承包商义务职责
53　Contractor’s Undertaking
承包商承诺
The Contractor undertakes that the design the Contractor’s Documents the execution and the completed works will be in accordance with
承包商承诺设计承包商文件实施竣工工程符合
（a） the Laws in the Country and
工程国法律
（b） the documents forming the Contract as altered or modified by Variations
变更做出更改修正构成合项文件
54　Technical Standards and Regulations
技术标准法规
The design the Contractor’s Document the execution and the completed Works shall comply with the country’s technical standards building construction and environmental Laws Laws applicable to the product being produced from the Works and other standards specified in the Employer’s Requirements applicable to the Works or defined by the applicable Laws
设计承包商文件施工竣工工程均应符合工程国技术标准建筑施工环境方面法律适工程生产产品法律雇求中提出适工程适法律规定标准
All these Laws shall in respect of the Works and each Section be those prevailing when the Works or Section are taken over by the Employer under Clause 10 [Employer’s Taking Over] References in the Contract to published standards shall be understood to be references to the edition applicable on the Base Date unless stated otherwise
关工程分项工程法规应雇根第10条[雇接收]规定接收工程分项工程时通行非说明合中提项已公布标准应视基准日期适版
If changed or new applicable standards come into force in the Country after the Base Date the Contractor shall give notice to the Employer and (if appropriate) submit proposals for compliance In the event that
果基准日期述版修改新标准生效承包商应通知雇(适宜)提交遵守新标准建议书果
（a） the Employer determines that compliance is required and
雇确定需遵守
（b） the proposals for compliance constitute a variation
遵守新标准建议书构成项变更时
then the Employer shall initiate a Variation in accordance with Clause 13 [Variations and Adjustments]
雇应第13条[变更调整]规定着手做出变更
55　Training
培训
The Contractor shall carry out the training of Employer’s Personnel in the operation and maintenance of the Works to the extent specified in the Employer’s Requirements If the Contract specifies training which is to be carried out before takingover under SubClause 101[TakingOver of the Works and Sections] until this training has been completed
承包商应雇求中规定范围雇员进行工程操作维修培训果合规定工程接收前进行培训项培训结束前应认工程已第101款[工程分项工程接收]规定接收求竣工
56　AsBuilt Documents
竣工文件
The Contractor shall prepare and keep uptodate a complete set of asbuilt records of the execution of the Works showing the exact asbuilt locations sizes and details of the work as executed These records shall be kept on the Site and shall be used exclusively for the purposes of this SubClause Two copies shall be supplied to the Employer prior to the commencement of the Tests on Completion
承包商应编制时更新套完整关工程施工情况竣工记录实记载竣工工程准确位置尺寸实施工作详细说明述竣工记录应保存现场仅限款目应竣工试验开始前提交两套副雇
In addition the Contractor shall supply to the Employer asbuilt drawings of the Works showing all Works as executed and submit them to them to the Employer for review under SubClause 52[Contractor’s Documents] The Contractor shall obtain the consent of the Employer as to their size the referencing system and other relevant details
外承包商应负责绘制雇提供工程竣工图表明整工程施工完毕实际情况提交雇根第52款[承包商文件]规定进行审核承包商应取雇尺寸基准系统相关细节意
Prior to the issue of any Takingover Certificate the Contractor shall supply to the Employer the specified numbers and types of copies of the relevant asbuilt drawings in accordance with the Employer’s Requirements The Works shall not be considered to be completed for the purposes of takingover under SubClause 101[Taking Over of the Works and Sections] until the Employer has received these documents
颁发接收证书前承包商应雇求中规定份数复制形式雇提交述相关竣工图雇收文件前应认工程已第101款[工程分项工程接收]规定接收求竣工
57　Operation and Maintenance Manuals
操作维修手册
Prior to commencement of the Tests on Completion the Contractor shall supply to the Employer provisional operation and maintenance manuals in sufficient detail for the Employer to operate maintain dismantle reassemble adjust and repair the Plant
竣工试验开始前承包商应雇提供暂行操作维修手册述操作维修手册详细程度应满足雇操作维修拆卸重新组装调整修复生产设备需
The Works shall not be considered to be completed for the purposes of takingover under SubClause 101[TakingOver of the Works and Sections] until the Employer has received final operation and maintenance manuals in such detail and any other manuals specified in the Employer’s Requirements for these purposes
雇收足够详细操作维修手册雇求中类目规定手册前应认工程已第101款[工程分项工程接收]规定接收求竣工
58　Design Error
设计错误
If errors omissions ambiguities inconsistencies inadequacies or other defects are found in the Contractor’s Documents they and the Works shall be corrected at the Contractor’s cost notwithstanding any consent or approval under this Clause
果承包商文件中发现错误遗漏含糊致适缺陷根条做出意批准承包商应费缺陷带工程问题进行改正
6　Staff and Labour
员工
61　Engagement of Staff and Labour
员工雇
Except as otherwise stated in the Employer’s Requirements the Contractor shall make arrangements for the engagement of all staff and labour local or otherwise and for their payment housing feeding and transport
雇求中说明外承包商应安排方雇员工负责报酬住宿膳食交通
62　Rates of Wages and Conditions of Labour
工资标准劳动条件
The Contractor shall pay rates of wages and observe conditions of labour which are not lower than those established for the trade or industry where the work is carried out If no established rates or conditions are applicable the Contractor shall pay rates of wages and observe conditions which are not lower than the general level of wages and conditions observed locally by employers whose trade or industry is similar to that of the Contractor
承包商付工资标准遵守劳动条件应低实施工作区工商业现行标准条件果没现成标准条件引承包商付工资标准遵守劳动条件应低承包商类似工商业雇付般工资标准遵守劳动条件
63　Persons in the Service of Employer
雇服务员
The Contractor shall not recruit or attempt to recruit staff and labour from amongst the Employer’s Personnel
承包商应雇员中招收试图招收员工
64　Labour Laws
劳动法
The Contractor shall comply with all the relevant labour Laws applicable to the Contractor’s Personnel including Laws relating to their employment health safety welfare immigration and emigration and shall allow them all their legal rights
承包商应遵守适承包商员相关劳动法律包括关雇健康安全福利入境出境等法律应允许享合法权利
The Contractor shall require his employees to obey all applicable Laws including those concerning safety at work
承包商应求雇员遵守适法律包括关工作安全法律
65　Working Hours
工作时间
No work shall be carried out on the Site on locally recognized days of rest or outside normal working hours unless
非出现列情况公认休息日正常工作时间外应现场进行工作
（a） otherwise stated in the Contract
合中规定
（b） the Employer gibes consent or
雇意
（c） the work is unavoidable or necessary for the protection of life or property or for the safety of the Works in which case the Contractor shall immediately advise the Employer
保护生命财产工程安全避免必需工作情况承包商应立通知雇
66　Facilities for Staff and Labour
员工提供设施
Except as otherwise stated in the Employer’s Requirements the Contractor shall provide and maintain all necessary accommodation and welfare facilities for the Contractor’s Personnel The Contractor shall also provide facilities for the Employer’s Personnel as stated in the Employer’s Requirements
雇求中说明外承包商应承包商员提供保持切必食宿福利设施承包商应雇求中规定雇员提供设施
The contractor shall not permit any of the Contractor’s Personnel to maintain any temporary or permanent living quarters within the structures forming part of the Permanent Works
承包商应允许承包商员中构成永久工程部分构筑物保留时永久居住场
67　Health and Safety
健康安全
The Contractor shall at all time take all reasonable precautions to maintain the health and safety of the Contractor’s Personnel In collaboration with local health authorities the Contractor shall ensure that medical staff first aid facilities sick bay and ambulance service are available at all times at the Site and at any accommodation for Contractor’s and Employer’s Personnel and that suitable arrangements are made for all necessary welfare and hygiene requirements and for the prevention of epidemics
承包商应始终采取合理预防措施维护承包商员健康安全承包商应卫生部门合作始终确保现场承包商员雇员驻配备医务员急救设施病房救护车服务应必需福利卫生求预防传染病做出适安排
The Contractor shall appoint an accident prevention officer at the Site responsible for maintaining safety and protection against accidents This person shall be qualified for this responsibility and shall have the authority to issue instructions and take protective measures to prevent accidents Throughout the execution of the Works the Contractor shall provide whatever is required by this person to exercise this responsibility and authority
承包商应现场指派名事预防员负责维护安全事预防工作该员应胜项职责应权发布指示采取防止事保护措施工程实施程中承包商应提供该员履行职责权利需事项
The Contractor shall send to the Employer details of any accident as soon as practicable after its occurrence The Contractor shall maintain records and make reports concerning health safety and welfare of persons and damage to property as the Employer may reasonably require
事发生承包商应立事详情通报雇承包商应雇提出合理求保持记录写出关员健康安全福利财产损坏等情况报告
68　Contractor’s Superintendence
承包商监督
Throughout the design and execution of the Works and as long thereafter as is necessary to fulfill the contractor’s obligations the Contractor shall provide all necessary superintendence to plan arrange direct manage inspect and test the work
设计工程施工程中雇认完成承包商义务需期间承包商应工作规划安排指导理检验试验提供切必监督
Superintendence shall be given by a sufficient number of persons having adequate knowledge of the language for communications (defined in SubClause 14[Laws and Language]) and of the operations to be carried out (including the methods and techniques required the hazards likely to be encountered and methods of preventing accidents) for the satisfactory and safe execution of the Works
类监督应足够员执行应具交流语言(第14款[法律语言]规定) 合求安全实施工程项作业需足够知识(包括需方法技术遇危险预防事方法)
69　Contractor’s Personnel
承包商员
The Contractor’s Personnel shall be appropriately qualified skilled and experienced in their respective trades or occupations The Employer may require the contractor to remove (or cause to be removed) any person employed on the Site or Works including the Contractor’s Representative if applicable who
承包商员应行业职业具相应资质技验员雇求承包商撤换(促撤换)受雇现场工程列行员适时包括承包商代表
（a） persists in any misconduct or lack of care
常行工作漫心
（b） carries out duties incompetently or negligently
力履行义务玩忽职守
（c） falls to conform with any provisions of the Contract or
遵守合规定
（d） persists in any conduct which is prejudicial to safety health or the protection of the environment
坚持损安全健康损环境保护行
If appropriate the contractor shall then appoint (or cause to be appointed) a suitable replacement person
果适宜承包商应指派(促指派)合适代员
610　Records of contractor’s Personnel and Equipment
承包商员设备记录
The Contractor shall submit to the employer details showing the number of each class of Contractor’s Personnel and of each type of Contractor’s Equipment on the Site Details shall be submitted each calendar month in a form approved by the Employer until the Contractor has completed all work which is known to be outstanding at the completion date stated in the TakingOver Certificate for the Works
承包商应雇提交说明现场类承包商员数类承包商设备数量详细资料应雇批准格式月填报直承包商完成工程接收证书写明竣工日期时全部扫尾工作止
611　Disorderly Conduct
序行
The Contractor shall at all times take all reasonable precautions to prevent any unlawful riotous or disorderly conduct by or amongst the Contractor’s Personnel and to preserve peace and protection of persons and property on and near the Site
承包商应始终采取种合理预防措施防止承包商员部发生非法骚扰序行保持安定保护现场员财产安全
7　Plant Materials and Workmanship
生产设备材料工艺
71　Manner of Execution
实施方法
The Contractor shall carry out the manufacture of Plant the production and manufacture of Materials and all other execution of the Works
承包商应方法进行生产设备制造材料生产加工工程实施作业
（a） in the manner (if any) specified in the Contract
合规定方法(果)
（b） in a proper workmanlike and careful manner in accordance with recognized good practice and
公认良惯例恰精巧仔细方法
（c） with properly equipped facilities and nonhazardous Materials except as otherwise specified in the Contract
合规定外适配备设施危险材料
72　Samples
样品
The Contractor shall submit samples to the Employer for review in accordance with the procedures for Contractor’s Documents described in SubClause 52 [Contractor’s Documents] as specified in the Contract and at the Contractor’s cost Each sample shall be labelled as to origin and intended use in the Works
承包商应根合规定第52款[承包商文件]中述承包商文件送审程序费雇提交样品供审核件样品应标明原产工程中预期处
73　Inspection
检验
The Employer’s Personnel shall at all reasonable times
雇员应合理时间
（a） have full access to all parts of the Site and to all places from which natural Materials are being obtained and
充分机会进入现场部分获天然材料点
（b） during production manufacture and construction (at the Site and to the extent specified in the Contract elsewhere) be entitled to examine inspect measure and test the materials and workmanship and to check the progress of manufacture of Plant and production and manufacture of Materials
权加工生产施工期间(现场合规定范围)材料工艺进行检查检验测量试验生产设备制造材料加工生产进度进行检查
The Contractor shall give the Employer’s Personnel full opportunity to carry out these activities including providing access facilities permissions and safety equipment No such activity shall relieve the Contractor from any obligation or responsibility
承包商应雇员进行述活动提供切机会包括提供进入条件设施许安全装备类活动应解承包商义务职责
In respect of the work which Employer’s Personnel are entitled to examine inspect measure andor test the Contractor shall give notice to the Employer whenever any such work is ready and before it is covered up put out of sight or packaged for storage or transport The Employer shall then either carry out the examination inspection measurement or testing without unreasonable delay or promptly give notice to the Contractor that the Employer does not require to do so If the Contractor fails to give the notice he shall if and when required by the Employer uncover the work and thereafter reinstate and make good all at the Contractor
’s cost
雇员权检查检验测量()试验工作类工作已准备覆盖掩蔽包装便储存运输前承包商应通知雇时雇应时进行检查检验测量试验拖延者立通知承包商需进行工作果承包商没发出类通知雇提出求时承包商应物件覆盖恢复完需费承包商承担
74　Testing
试验
This SubClause shall apply to all tests specified in the Contract other than the Tests after Completion (if any)
款适竣工试验(果)外合规定试验
The Contractor shall provide all apparatus assistance documents and other information electricity equipment fuel consumables instruments labor materials and suitably qualified and experienced staff as are necessary to carry out the specified tests efficiently The Contractor shall agree with the Employer the time and place for the specified testing of any Plant Materials and other parts of the Works
效进行规定试验承包商应提供需仪器帮助文件资料电力装备燃料消耗品工具劳力材料具适资质验员生产设备材料工程部分进行规定试验时间点应承包商雇商定
The Employer may under Clause 13 [Variations and Adjustments] vary the location or details of specified tests or instruct the Contractor to carry out additional tests If these varied or additional tests show that the tested Plant Materials or workmanship is not in accordance with the Contract the cost of carrying out this Variation shall be borne by the Contractor notwithstanding other provisions of the Contract
根第13条[变更调整]规定雇改变进行规定试验位置细节指示承包商进行附加试验果变更附加试验表明试验生产设备材料工艺符合合求合规定承包商应负担进行项变更费
The Employer shall give the Contractor not less than 24 hours’ notice of the Employer’s intention to attend the tests If the Employer does not attend at the time and place agreed the Contractor may proceed with the tests unless otherwise instructed by the Employer and the tests shall then be deemed to have been made in the Employer’s presence
雇应少提前24时参加试验意图通知承包商果雇没商定时间点参加试验非雇指示承包商行进行试验试验应视雇场情况进行
If the Contractor suffers delay andor incurs Cost from complying with these instructions or as a result of a delay for which the Employer is responsible the Contractor shall give notice to the Employer and shall be entitled subject to SubClause 201 [Contractor’s Claims] to
果服指示雇应负责延误结果承包商遭受延误()招致费承包商应雇发出通知权根第201款[承包商索赔]规定提出
（a） an extension of time for any such delay if completion is or will be delayed under SubClause 84 [Extension of Time for Completion] and
根第84款[竣工时间延长]规定果竣工已受延误类延误予延长期
（b） payment of any such Cost plus reasonable profit which shall be added to the Contract Price
述费加合理利润应加入合价格予支付
After receiving this notice the Employer shall proceed in accordance with SubClause 35 [Determinations] to agree or determine these matters
雇收通知应第35款[确定]求类事项进行商定确定
The Contractor shall promptly forward to the Employer duly certified reports of the tests When the specified tests have been passed the Employer shall endorse the Contractor’s test certificate or issue a certificate to him to that effect If the Employer has not attended the tests he shall be deemed to have accepted the readings as accurate
承包商应立雇提交充分证实试验报告规定试验通时雇应承包商试验证书签字认承包商颁发等效证书果雇未参加试验应视已认试验示数准确
75　Rejection
拒收
If as a result of an examination inspection measurement or testing any Plant Materials design or workmanship is found to be defective or otherwise not in accordance with the Contract the Employer may reject the Plant Materials design or workmanship by giving notice to the Contractor with reasons The Contractor shall then promptly make good the defect and ensure that the rejected item complies with the Contract
果检查检验测量试验结果发现生产设备材料设计工艺缺陷符合合求雇通承包商发出通知说明理拒收该生产设备材料设计工艺承包商应立修复缺陷保证述拒收项目符合合规定
If the Employer requires this Plant Materials design or workmanship to be retested the tests shall be repeated under the same terms and conditions If the rejection and retesting cause the Employer to incur additional costs the Contractor shall subject to SubClause 25 [Employer’s Claims] pay these costs to the Employer
果雇求述生产设备材料设计工艺次进行试验试验应相条款条件重新进行果项拒收次试验雇增加费承包商应遵第25款[雇索赔]规定该费付雇
76　Remedial Work
修补工作
Notwithstanding any previous test or certification the Employer may instruct the Contractor to
已先前试验证书雇指示承包商进行工作
（a） remove from the Site and replace any Plant or Materials which is not in accordance with the Contract
符合合求生产设备材料移出现场进行更换
（b） remove and reexecute any other work which is not in accordance with the Contract and
符合合工作重新实施
（c） execute any work which is urgently required for the safety of the Works whether because of an accident unforeseeable event or otherwise
实施意外预见事件原引起工程安全迫切需工作
If the Contractor fails to comply with any such instruction which complies with SubClause 34 [Instructions] the Employer shall be entitled to employ and pay other persons to carry out the work Except to the extent that the Contractor would have been entitled to payment for the work the Contractor shall subject to SubClause 25 [Employer’s Claims] pay to the Employer all costs arising from this failure
果承包商未服类符合第34款[指示]求指示雇应权雇付款事该工作承包商原权该工作付款范围外承包商应遵第25款[雇索赔]规定雇支付未履行指示雇支付费
77　Ownership of Plant and Materials
生产设备材料权
Each item of Plant and Materials shall to the extent consistent with the Laws of the Country become the property of the Employer at whichever is the earlier of the following times free from liens and other encumbrances
列二者中较早时间起符合工程国法律规定范围项生产设备材料应扣押阻碍成雇财产
（a） when it is delivered to the Site
述生产设备材料运现场时
（b） when the Contractor is entitled to payment of the value of the Plant and Materials under SubClause 810 [Payment for Plant and Materials in Event of Suspension]
根第810款[暂停时生产设备材料支付]规定承包商权生产设备材料价值付款时
78　Royalties
土(矿区)费
Unless otherwise stated in the Employer’s Requirements the Contractor shall pay all royalties rents and other payments for
非雇求中说明承包商应事项支付土(矿区)费租金付款
（a） natural Materials obtained from outside the Site and
现场外区天然材料
（b） the disposal of material from demolitions and excavations and of other surplus material (whether natural or manmade) except to the extent that disposal areas within the Site are specified in the Contract
合规定现场范围弃置区外弃置拆开挖材料剩余材料(天然工)
8　Commencement Delays and Suspension
开工延误暂停
81　Commencement of Works
工程开工
Unless otherwise stated in the Contract Agreement
非合协议书说明：
（a） the Employer shall give the Contractor not less than 7 days’ notice of the Commencement Date and
雇应少7天前承包商发出开工日期通知
（b） the Commencement Date shall be within 42 days after the date on which the Contract comes into full force and effect under SubClause 16 [Contract Agreement]
开工日期应第16款[合协议书]规定合全面实施生效日期42天
The Contractor shall commence the design and execution of the Works as soon as is reasonably practicable after the Commencement Date and shall then proceed with the Works with due expedition and without delay
承包商应开工日期合理情况早开始工程设计施工应正速度拖延进行工程
82　Time for Completion
竣工时间
The Contractor shall complete the whole of the Works and each Section (if any) within the Time for Completion for the Works or Section (as the case may be) including
承包商应工程分项工程(视情况定)竣工时间完成整工程分项工程(果)包括
（a） achieving the passing of the Tests on Completion and
竣工试验获通
（b） completing all work which is stated in the Contract as being required for the Works or Section to be considered to be completed for the purposes of takingover under SubClause 101 [Taking Over of the Works and Sections]
完成合提出工程分项工程第101款[工程分项工程接收]规定接收求竣工需全部工作
83　Programme
进度计划
The Contractor shall submit a time programme to the Employer within 28 days after the Commencement Date The Contractor shall also submit a revised programme whenever the previous programme is inconsistent with actual progress or with the Contractor’s obligations Unless otherwise stated in the Contract each programme shall include
承包商应开工日期28天雇提交份进度计划原定进度计划实际进度承包商义务相符时承包商应提交份修订进度计划非合说明份进度计划应包括
（a） the order in which the Contractor intends to carry out the Works including the anticipated timing of each major stage of the Works
承包商计划实施工程工作序包括工程阶段预期时间安排
（b） the periods for reviews under SubClause 52 [Contractor’s Documents]
根第52款[承包商文件]规定审核期限
（c） the sequence and timing of inspections and tests specified in the Contract and
合中规定项检验试验序序时间安排
（d） a supporting report which includes
份支持报告容包括
（i） a general description of the methods which the Contractor intends to adopt for the execution of each major stage of the Works and
承包商工程阶段实施中拟采方法般描述
（ii） the approximate number of each class of Contractor’s Personnel and of each type of Contractor’s Equipment for each major stage
阶段配备级承包商员类型承包商设备概数量
Unless the Employer within 21 days receiving a programme gives notice to the Contractor stating the extent to which it does not comply with the Contract the Contractor shall proceed in accordance with the programme subject to his other obligations under the Contract The Employer’s Personnel shall be entitled to rely upon the programme when planning their activities
非雇收进度计划21天承包商发出通知指出中符合合求部分承包商该进度计划遵守合规定义务进行工作雇员应权该进度计划安排活动
The Contractor shall promptly give notice to the Employer of specific probable future events or circumstances which may adversely affect or delay the execution of the Works In this event or if the Employer gives notice to the Contractor that a programme fails (to the extent stated) to comply with the Contract or to be consistent with actual progress and the Contractor’s stated intentions the Contractor shall submit a revised programme to the Employer in accordance with this SubClause
承包商应时未工程施工造成利影响延误事件情况通知雇情况雇通知承包商指出进度计划(指出部分)符合合求实际进度承包商提出意致时承包商应遵款求雇提交份修订进度计划
84　Extension of Time for Completion
竣工时间延长
The Contractor shall be entitled subject to SubClause 201 [Contractor’ Claims] to an extension of the Time for Completion if and to the extent that completion for the purposes of SubClause 101 [Taking Over of the Works and Sections] is or will be delayed by any of the following causes
列原致达第101款[工程分项工程接收]求竣工受受延误程度承包商权第201款[承包商索赔]规定提出延长竣工时间
（a） a Variation (unless an adjustment to the Time for Completion has been agreed under SubClause 133 [Variation Procedure])
变更（非已根第133款[变更程序]规定商定调整竣工时间）
（b） a cause of delay giving an entitlement to extension of time under a SubClause of these Conditions or
根条件某款权获延长期原
（c） any delay impediment or prevention caused by or attributable to the Employer the Employer’s Personnel or the Employer’s other contractors on the Site
雇雇员现场雇承包商造成引起延误妨碍阻碍
If the Contractor considers himself to be entitled to an extension of the Time for Completion the Contractor shall give notice to the Employer in accordance with SubClause 201 [Contractor’s Claims] When determining each extension of time under SubClause 201 the Employer shall review previous determinations and may increase but shall not decrease the total extension of time
果承包商认权提出延长竣工时间应第201款[承包商索赔]规定雇发出通知雇次第201款确定延长时间时应前作确定进行审核增加减少总延长时间
85　Delays Caused by Authorities
局造成延误
If the following conditions apply namely
果符合列条件
（a） the Contractor has diligently followed the procedures laid down by the relevant legally constituted public authorities in the Country
承包商已努力遵守工程国法成立关公局制定程序
（b） these authorities delay or disrupt the Contractor’s work and
局延误乱承包商工作
（c） the delay or disruption was not reasonably foreseeable by an experienced contractor by the date for submission of the Tender
延误中废验承包商递交投标书时法合理预见
then this delay or disruption will be considered as a cause of delay under subparagraph (b) of SubClause 84 [Extension of Time for Completion]
述延误中断应视根第84款[竣工时间延长](b)项规定延误原
86　Rate of Progress
工程进度
If at any time
果时候
（a） actual progress is too slow to complete within the Time for Completion andor
实际工程进度竣工时间完工迟缓()
（b） progress has fallen (or will fall) behind the current programme under SubClause 83 [Programme]
进度已()落根第83款[进度计划]规定制订现行进度计划
other than as a result of a cause listed in SubClause 84 [Extension of Time for Completion] then the Employer may instruct the Contractor to submit under SubClause 83 [Programme] a revised programme and supporting report describing the revised methods which the Contractor proposes to adopt in order to expedite progress and complete within the Time for Completion
第84款[竣工时间延长]中列举某项原造成结果外雇指示承包商根第83款[进度计划]规定提交份修订进度计划说明承包商加快进度竣工时间竣工建议采取修订方法补充报告
Unless the Employer notifies otherwise the Contractor shall adopt these revised methods which may require increases in the working hours andor in the numbers of Contractor’s Personnel andor Goods at the risk and cost of the Contractor If these revised methods cause the Employer to incur additional costs the Contractor shall subject to SubClause 25 [Employer’s Claims] pay these costs to the Employer in addition to delay damages (if any) under SubClause 87 below
非雇 通知承包商应采取修订方法需增加工时()承包商员()货物数量承包商应行承担风险费果修订方法雇招致附加费承包商应根第25款[雇索赔]求连述第87款中提出误期损害赔偿费(果)雇支付费
87　Delay Damages
误期损害赔偿费
If the Contractor fails to comply with SubClause 82 [Time for Completion] the Contractor shall subject to SubClause 25 [Employer’s Claims] pay delay damages to the Employer for this default These delay damages shall be the sum stated in the Particular Conditions which shall be paid for every day which shall elapse between the relevant Time for Completion and the date stated in the TakingOver Certificate However the total amount due under this SubClause shall not exceed the maximum amount of delay damages (if any) stated in the Particular Conditions
果承包商未遵守第82款[竣工时间]求承包商应违约行根第25款[雇索赔]求雇支付误期损害赔偿费项误期损害赔偿费应专条件中规定天应付金额接收证书注明日期超相应竣工时间天数计算款计算赔偿总额超专条件中规定误期损害赔偿费高限额(果)
These delay damages shall be the only damages due from the Contractor for such default other
than in the event of termination under SubClause 152 [Termination by Employer] prior to completion of the Works These damages shall not relieve the Contractor from his obligation to complete the worksor from any other duties obligations or responsibilities which he may have under the Contract
工程竣工前根第152款[雇终止]规定终止情况外误期损害赔偿费应承包商类违约应付唯损害赔偿费损害赔偿费应解承包商完成工程义务合规定承担责义务职责
88　Suspension of Work
暂时停工
The Employer may at any time instruct the Contractor to suspend progress of part or all of the Works During such suspension the Contractor shall protect store and secure such part or the Works against any deterioration loss or damage
雇时指示承包商暂停工程某部分全部施工暂停期间承包商应保护保保证该部分全部工程致产生变质损失损害
The Employer may also notify the cause for the suspension If and to the extent that the cause is notified and is the responsibility of the Contractor the following SubClauses 89 810 and 811 shall not apply
雇通知暂停原果已通知原承包商职责造成情况列第89810811款应适
89　Consequences of Suspension
暂停果
If the Contractor suffers delay andor incurs Cost from complying with the Employer’s instructions under SubClause 88 [Suspension of Work] andor from resuming the work the Contractor shall give notice to the Employer and shall be entitled subject to SubClause 201 [Contractor’s Claims] to
果承包商执行雇根第88款[暂时停工]规定发出指示()复工遭受延误()招致增加费承包商应雇发出通知权第201款[承包商索赔]规定提出
（a） an extension of time for any such delay if completion is or will be delayed under SubClause 84 [Extension of Time for Completion] and
根第84款[竣工时间延长]规定竣工已受延误应类延误予延长期
（b） payment of any such Cost which shall be added to the Contract Price
类费应加入合价格予支付
After receiving this notice the Employer shall proceed in accordance with SubClause 35 [Determinations] to agree or determine these matters
雇收通知应第35款[确定]求事项进行商定确定
The Contractor shall not be entitled to an extension of time for or to payment of the Cost incurred in making good the consequences of the Contractor’s faulty design workmanship or materials or of the Contractor’s failure to protect store or secure in accordance with SubClause 88 [Suspension of Work]
承包商应权弥补承包商缺陷设计工艺材料承包商未第88款[暂时停工]规定保护保保证安全果带延长期招致费支付
810　Payment for Plant and Materials in Event of Suspension
暂停时生产设备材料付款
The Contractor shall be entitled to payment of the value (as at the date of suspension) of Plant andor Materials which have not been delivered to Site if
列条件承包商权尚未运现场生产设备()材料(暂停开始日期时)价值付款
（a） the work on Plant or delivery of Plant andor Materials has been suspended for more than 28 days and
生产设备生产生产设备()材料交付暂停达28天
（b） the Contractor has marked the Plant andor Materials as the Employer’s property in accordance with the Employer’s instructions
承包商已雇指示标明述生产设备()材料雇财产
811　Prolonged Suspension
托长暂停
If the suspension under SubClause 88 [Suspension of Work] has continued for more than 84 days the Contractor may request the Employer’s permission to proceed If the Employer does not give permission within 28 days after being requested to do so the Contractor may by giving notice to the Employer treat the suspension as an omission under Clause 13 [Variations and Adjustments] of the affected part of the Works If the suspension affects the whole of the Works the Contractor may give notice of termination under SubClause 162 [Termination by Contractor]
果第88款[暂时停工]述暂停已持续84天承包商求雇允许继续施工提出求28天雇没出许承包商通知雇工程受暂停影响部分视根第13条[变更调整]规定删减项目暂停影响整工程承包商根第162款[承包商终止]规定发出终止通知
812　Resumption of Work
复工
After the permission or instruction to proceed is given the Parties shall jointly examine the Works and the Plant and Materials affected by the suspension The Contractor shall make good any deterioration or defect in or loss of the Works or Plant or Materials which has occurred during the suspension
发出继续施工许指示双方应受暂停影响工程生产设备材料进行检查承包商应负责恢复暂停期间发生工程生产设备材料变质缺陷损失
9　Tests on Completion
竣工试验
91　Contractor’s Obligations
承包商义务
The Contractor shall carry out the Tests on Completion in accordance with this Clause and SubClause 74 [Testing] after providing the documents in accordance with SubClause 56 [AsBuilt Documents] and SubClause 57 [Operation and Maintenance Manuals]
承包商应第56款[竣工文件]第57款操作维修手册]求提供种文件条第74款[试验]求进行竣工试验
The Contractor shall give to the Employer not less than 21 days’ notice of the date after which the Contractor will be ready to carry out each of the Tests on Completion Unless otherwise agreed Tests on Completion shall be carried out within 14 days after this date on such day or days as the Employer shall instruct
承包商应提前21天进行项竣工试验日期通知雇非商定竣工试验应通知日期14天雇指示某日某日进行
Unless otherwise stated in the Particular Conditions the Tests on Completion shall be carried out in the following sequence
非专条件中说明竣工试验应序进行
（a） precommissioning tests which shall include the appropriate inspections and (dry or cold) functional tests to demonstrate that each item of Plant can safely undertake the next stage (b)
启动前试验应包括适检验(干冷)性试验证明项生产设备够安全承受阶段(b)项试验
（b） commissioning tests which shall include the specified operational texts to demonstrate that the Works or Section can be operated safely and as specified under all available operating conditions and
启动试验应包括规定操作试验证明工程分项工程够利操作条件安全操作
（c） trial operation which shall demonstrate that the Works or Section perform reliably and in accordance with the Contract
试运行应证明工程分项工程运行符合合求
During trial operation when the Works are operating under stable conditions the Contractor shall give notice to the Employer that the Works are ready for any other Tests on Completion including performance tests to demonstrate whether the Works conform with criteria specified in the Employer’s Requirements and with the Performance Guarantees
试运行期间工程正稳定条件运行时承包商应通知雇告知工程已做竣工试验包括种性试验证明工程否符合雇求中规定标准履约保证
Trial operation shall not constitute a takingover under Clause 10 [Employer’s Taking Over] Unless otherwise stated in the Particular Conditions any product produced by the Works during trial operation shall be the property of the Employer
试运行应构成第10条[雇接收]规定接收非专条件中说明工程试运行期间生产产品应属雇财产
In considering the results of the Tests on Completion appropriate allowances shall be made for the effect of any use of the Works by the Employer on the performance or other characteristics of the Works As soon as the Works or a Section have passed each of the Tests on Completion described in subparagraph (a) (b) or (c) the Contractor shall submit a certified report of the results of these Tests to the Employer
考虑竣工试验结果时雇应适考虑雇工程工程性特性产生影响旦工程某分项工程通款(a)(b)(c)项中项竣工试验承包商应雇提供份证实试验结果报告
92　Delayed Tests
延误试验
If the Tests on Completion are being unduly delayed by the Employer SubClause 74 [Testing] (fifth paragraph) andor SubClause 103 [Interference with Tests on Completion] shall be applicable
果雇延误竣工试验雇通知承包商求接通知21天进行竣工试验承包商应述期限某日某日进行竣工试验该日期通知雇
If the Tests on Completion are being unduly delayed by the Contractor the Employer may by notice require the Contractor to carry out the Tests within 21 days after receiving the notice The Contractor shall carry out the Tests on such day or days within that period as the Contractor may fix and of which he shall give notice to the Employer
果承包商未规定21天进行竣工试验雇员行进行试验试验风险费应承包商承担竣工试验应视承包商场时进行试验结果应认准确予认
If the Contractor fails to carry out the Tests on Completion within the period of 21 days the Employer’s Personnel may proceed with the Tests at the risk and cost of the Contractor These Tests on Completion shall then be deemed to have been carried out in the presence of the Contractor and the results of the Tests shall be accepted as accurate

93　Retesting
重新试验
If the Works or a Section fail to pass the Tests on Completion SubClause 75 [Rejection] shall apply and the Employer or the Contractor may require the failed Tests and Tests on Completion on any related work to be repeated under the same terms and conditions
果工程分项工程未通竣工试验应适第75款[拒收]规定雇承包商求相条款条件重新进行项未通试验相关工程竣工试验
94　Failure to Pass Tests on Completion
未通竣工试验
If the Works or a Section fail to pass the Tests on Completion repeated under SubClause 93 [Retesting] the Employer shall be entitled to
果工程某分项工程未通根第93款[重新试验]规定重新进行竣工试验雇应权
（a） order further repetition of Tests on Completion under SubClause 93
令根第93款次重复竣工试验
（b） if the failure deprives the Employer of substantially the whole benefit of the Works or Section reject the Works or Section (as the case may be) in which event the Employer shall have the same remedies as are provided in subparagraph (c) of SubClause 114 [Failure to Remedy Defects] or
果项试验未通雇实质丧失工程分项工程整利益时拒收工程分项工程(视情况定)情况雇应采取第114款[未修补缺陷](c)项规定相久措施
（c） issue a TakingOver Certificate
颁发接受证书
In the event of subparagraph (c) the Contractor shall proceed in accordance with all other obligations under the Contract and the Contract Price shall be reduced by such amount as shall be appropriate to cover the reduced value to the Employer as a result of this failure Unless the relevant reduction for this failure is stated (or its method of calculation is defined) in the Contract the Employer may require the reduction to be (ⅰ) agreed by both Parties (in full satisfaction of this failure only) and paid before this TakingOver Certificate is issued or (ⅱ) determined and paid under SubClause 25 [Employer’s Claims] and SubClause 35 [Determinations]
采( c )项办法情况承包商应继续履行合规定义务合价格应予降低减少金额应足弥补项试验未通果雇带价值损失非项试验未通相应减少合价格合中说明(规定计算方法)雇求该减少额(ⅰ)双方商定(仅限满足项试验未通求)项接收证书颁发前支付(ⅱ)根第25款[雇索赔]第35款[确定]规定确定支付
10　Employer’s Taking Over
雇接收
101　Taking Over of the Works and Sections
工程分项工程接收
Except as stated in SubClause 94 [Failure to Pass Tests on Completion] the Works shall be taken over by the Employer when (ⅰ) the Works have been completed in accordance with the Contract including the matters described in SubClause 82 [Time for Completion] and except as allowed in subparagraph (a) below and (ⅱ) a TakingOver Certificate for the Works has been issued or is deemed to have been issued in accordance with this SubClause
第94款[未通竣工试验]中述情况外(ⅰ)面(a)项允许情况外工程已合规定包括第82款[竣工时间]中提出事项竣工(ⅱ)已款规定颁发工程接收证书认已颁发时雇应接收工程
The Contractor may apply by notice to the Employer for a TakingOver Certificate not earlier than 14 days before the Works will in the Contractor’s opinion be complete and ready for taking over If the Works are divided into Sections the Contractor may similarly apply for a TakingOver Certificate for each Section
承包商认工程竣工做接收准备日期前少14天雇发出申请接收证书通知工程分成干分项工程承包商类似分项工程申请接收证书
The Employer shall within 28 days after receiving the Contractor’s application
雇收承包商申请通知28天应
（a） issue the TakingOver Certificate to the Contractor stating the date on which the Works or section were completed in accordance with the Contract except for any minor outstanding work and defects which will not substantially affect the use of the Works or Section for their intended purpose (either until or whilst this work is completed and these defects are remedied) or
承包商颁发接受证书注明工程分项工程合求竣工日期工程分项工程预期目没实质影响少量收尾工作缺陷(直收尾工作缺陷修补完成时)外
（b） reject the application giving reasons and specifying the work required to be done by the Contractor to enable the TakingOver Certificate to be issued The Contractor shall then complete this work before issuing a further notice under this SubClause
拒绝申请说明理指出颁发接收证书前承包商需做工作承包商应次根款发出申请通知前完成项工作
If the Employer fails either to issue the TakingOver Certificate or to reject the Contractor’s application within the period of 28 days and if the Works or Section (as the case may be) are substantially in accordance with the Contract the TakingOver Certificate shall be deemed to have been issued on the last day of that period
果雇28天期限未颁发接收证书未拒绝承包商申请工程分项工程(视具体情况定)实质符合合规定接收证书应视已述规定期限日颁发
102　Taking Over of Parts of the Works
部分工程接收
Parts of the Works (other than Sections) shall not be taken over or used by the Employer except as may be stated in the Contract or as may be agreed by both Parties
合中说明双方意外部分工程(分项工程外)雇均接收
103　Interference with Tests on Completion
竣工试验干扰
If the Contractor is prevented for more than 14 days from carrying out the Tests on Completion by a cause for which the Employer is responsible the Contractor shall carry out the Tests on Completion as soon as practicable
果雇应负责原妨碍承包商进行竣工试验达14天承包商应快进行竣工试验
If the Contractor suffers delay andor incurs Cost as a result of this delay in carrying out the Tests on Completion the Contractor shall give notice to the Employer and shall be entitled subject to SubClause 201 [Contractor’s Claims] to
果进行竣工试验项拖延承包商遭受延误()招致增加费承包商应雇发出通知权根第201款[承包商索赔]规定提出
（a） an extension of time for any such delay if completion is or will be delayed under SubClause 84 [Extension of Time for Completion] and
根第84款[竣工时间延长]规定果竣工已受延误类延误予延长期
（b） payment of any such Cost plus reasonable profit which shall be added to the Contract Price
类费加合理利润应加入合价格予支付
After receiving this notice the Employer shall proceed in accordance with SubClause 35 [Determinations] to agree or determine these matters
雇受通知应第35款[确定]规定事项进行商定确定

11　Defects Liability
缺陷责
111　Completion of Outstanding Work and Remedying Defects
完成扫尾工作修补缺陷
In order that the Works and Contractor’s Documents and each Section shall be in the condition required by the Contract (fair wear and tear excepted) by the expiry date of the relevant Defects Notification Period or as soon as practicable thereafter the Contractor shall
工程承包商文件分项工程相应缺陷通知期限期满日期快达合求(合理损耗外)承包商应
（a） complete any work which is outstanding on the date stated in a TakingOver Certificate within such reasonable time as is instructed by the Employer and
雇指示合理时间完成接收证书注明日期时尚未完成工作
（b） execute all work required to remedy defects or damage as may be notified by the Employer on or before the expiry date of the Defects Notification Period for the Works or Section (as the case may be)
工程分项工程(视情况定)缺陷通知期限期满日期前雇通知求完成修补缺陷损害需工作
If a defect appears or damage occurs the Employer shall notify the Contractor accordingly
果出现缺陷发生损害雇应根情况通知承包商
112　Cost of Remedying Defects
修补缺陷费
All work referred to in subparagraph (b) of SubClause 111[Completion of Outstanding Work and Remedying Defects] shall be executed at the risk and cost of the Contractor if and to the extent that the work is attributable to
果述原达造成第111款[完成扫尾工作修补缺陷](b)项中提出工作程度执行中风险费应承包商承担
（a） the design of the Works
工程设计
（b） Plant Materials or workmanship not being in accordance with the Contract
生产设备材料工艺符合合求
（c） improper operation or maintenance which was attributable to matters for which the Contractor is responsible (under SubClause 55 to 57 or otherwise) or
承包商(根第5557款规定)负责事项产生操作维修
（d） failure by the Contractor to comply with any other obligation
承包商未遵守义务
If and to the extent that such work is attributable to any other cause the Employer shall give notice to the Contractor accordingly and SubClause 133 [Variation Procedure] shall apply
果原达造成类工作程度雇应根情况通知承包商应适第133款[变更程序]规定
113　Extension of Defects Notification Period
缺陷通知期延长
The Employer shall be entitled subject to SubClause 25[Employer’s Claims] to an extension of the Defects Notification Period for the Works or a Section if and to the extent that the Works Section or a major item of Plant (as the case may be and after taking over) cannot be used for the purposes for which they are intended by reason of a defect or damage However a Defects Notification Period shall not be extended by more than two years
果某项缺陷损害达工程分享工程某项生产设备(视情况定接收)原定目程度雇应权根第25款[雇索赔]规定工程某分项工程缺陷通知期限提出延长期缺陷通知期限延长超两年
If delivery andor erection of Plant andor Materials was suspended under SubClause 88[Suspension of Work] or SubClause 161[Contractor’s Entitlement to Suspend Work] the Contractor’s obligations under this Clause shall not apply to any defects or damage occurring more than two years after the Defects Notification Period for the Plant andor Materials would otherwise have expired
生产设备()材料()安装已根第88款[暂时停工]第161款[承包商暂停工作权利]规定暂停进行时生产设备()材料缺陷通知期限原期满日期2年发生缺陷损害规定承包商项义务应适
114　Failure to Remedy Defects
未修补缺陷
If the Contractor fails to remedy any defect or damage within a reasonable time a date may be fixed by (or on behalf of) the Employer on or by which the defect or damages is to be remedied The Contractor shall be given reasonable notice of this date
果承包商未合理时间修补缺陷损害雇（代表）确定日期求迟该日期修补缺陷损害应该日期时通知承包商
If the Contractor fail to remedy the defect or damage by this notified date and this remedial work was to be executed at the cost of the Contractor under SubClause 112[Cost of Remedying Defects] the Employer may (at his option)
果承包商该通知日期未修补缺陷损害项修补工作根第112款[修补缺陷费]规定应承包商承担实施费雇（行选择）：
（a） carry out the work himself or by others in a reasonable manner and at the Contractor’s cost but the Contractor shall have no responsibility for this work and the Contractor shall subject to SubClause 25 [Employer’s Claims] pay to the Employer the costs reasonably incurred by the Employer in remedying the defect or damage
合理方式进行项工作承包商承担费承包商项工作负责承包商应第25款[雇索赔]规定雇支付雇修补缺陷损害发生合理费
（b） agree or determine a reasonable reduction in the Contract Price in accordance with SubClause 35 [Determinations] or
第35款[确定]求商定确定合价格合理减少额
（c） if the defect or damage deprives the Employer of substantially the whole benefit of the Works or any major part of the Works terminate the Contract as a whole or in respect of such major part which cannot be put to the intended use Without prejudice to any other rights under the Contract or otherwise the Employer shall then be entitled to recover all sums paid for the Works or for such part (as the case may be) plus financing costs and the cost of dismantling the same clearing the Site and returning Plant and Materials to the Contractor
果述缺陷损害雇实质丧失工程工程部分整利益时终止整合关原定意图该部分雇应权损害根合规定具权利情况收回工程该部分工程（视情况定）全部支出总额加融资费拆工程清理现场生产设备材料退承包商支付费
115　Removal of Defective Work
移出缺陷工程
If the defect or damage cannot be remedied expeditiously on the Site and the Employer gives consent the Contractor may remove from the Site for the purposes of repair such items of Plant as are defective of damaged This consent may require the Contractor to increase the amount of the Performance Security by the full replacement cost of these items or to provide other appropriate security
果缺陷损害现场法迅速修复承包商雇意类缺陷损害项生产设备移出现场进行修复 雇项意求承包商该项设备全部重置成 增加履约担保金额 提供适宜担保
116　Further Tests
进步试验
If the work of remedying of any defect or damage may affect the performance of the Works the Employer may require the repetition of any of the tests described in the Contract including Tests on Completion andor Tests after Completion The requirement shall be made by notice within 28 days after the defect or damage is remedied
果缺陷损害修补工程性产生影响雇求重新进行合提出试验包括竣工试验（）竣工试验求应缺陷损害修补28天发出通知提出
These tests shall be carried out in accordance with the terms applicable to the previous tests except that they shall be carried out at the risk and cost of the Party liable under SubClause 112 [Cost of Remedying Defect] for the cost of the remedial work
试验应根第112款［修补缺陷费］规定修补费负责方承担试验风险费外应先前试验适条款进行
117　Right of Access
进入权
Until the performance Certificate has been issued the Contractor shall have the right of access to all parts of the Works and to records of the operation and performance of the Works except as may be inconsistent with the Employer’s reasonable security restrictions
颁发履约证书前承包商应进入工程部分工程运行工作记录权力符合雇合理保安限制情况外
118　Contractor to Search
承包商调查
The Contractor shall if required by the Employer search for the cause of any defect under the direction of the Employer Unless the defect is to be remedied at the cost of the Contractor under SubClause 112 [Cost of Remedying Defects] the Cost of the search plus reasonable profit shall be agreed or determined in accordance with SubClause 35 [Determinations] and shall be added to the Contract Price
果雇求承包商调查缺陷原承包商应雇指导进行调查非根第112款[修改缺陷费]规定应承包商承担修补费情况调查费加合理利润应第35款[确定求商定确定加入合价格
119　Performance Certificate
履约证书
Performance of the Contractor’s obligations shall not be considered to have been completed until the Employer has issued the Performance Certificate to the Contractor stating the date on which the Contractor completed his obligations under the Contract
直雇承包商颁发履约证书注明承包商完成合规定项义务日期应认承包商义务已完成
The Employer shall issue the Performance Certificate within 28 days after the latest of the expiry dates of the Defects Notification Periods or as soon thereafter as the Contractor has supplied all the Contractor’s Documents and completed and tested all the Works including remedying any defects If the Employer fails to issue the Performance Certificate accordingly
履约证书应雇缺陷通知期限期满28天颁发承包商提供承包商文件完成工程施工试验包括修补缺陷立颁发果雇未求颁发履约证书
（a） the Performance Certificate shall be deemed to have been issued on the date 28 days after the date on which it should have been issued as required by this SubClause and
应认履约证书已款求应颁发日期28天日期颁发
（b） SubClause 1111 [Clearance of Site] and subparagraph (a) of SubClause 1414 [Cessation of Employer’s Liability] shall be inapplicable
第1111款[现场清理]第1414款[雇责中止](a)项规定应适
Only the Performance Certificate shall be deemed to constitute acceptance of the Works
履约证书应视构成工程认
1110　Unfulfilled Obligations
未履行义务
After the Performance Certificate has been issued each Party shall remain liable for the fulfillment of any obligation which remains unperformed at that time For the purposes of determining the nature and extent of unperformed obligations the Contract shall be deemed to remain in force
颁发履约证书方应负责完成时尚未履行义务确定未完义务性质范围合应视然效
1111　Clearance of Site
现场清理
Upon receiving the Performance Certificate the Contractor shall remove any remaining Contractor’s Equipment surplus material wreckage rubbish and Temporary Works form the Site
收履约证书时承包商应现场撤走剩余承包商设备余材料残余物垃圾时工程等
If all these items have not been removed within 28 days after the Employer issues the Performance Certificate the Employer may sell or otherwise dispose of any remaining items The Employer shall be entitled to be paid the costs incurred in connection with or attributable to such sale or disposal and restoring the Site
果物品雇颁发履约证书28天尚未运走雇出售行处理剩余物品雇应权收回关类出售处理恢复现场发生费
Any balance of the moneys from the sale shall be paid to the Contractor If these moneys are less than the Employer’s costs the Contractor shall pay the outstanding balance to the Employer
类出售余款应付承包商果出售收入少雇费承包商应差额付雇
12　Tests after Completion
竣工试验
121　Procedure for Tests after Completion
竣工试验程序
If Tests after Completion are specified in the Contract this Clause shall apply Unless otherwise stated in the Particular Conditions
果合规定竣工试验非专条件中说明应适条规定
（a） the Employer shall provide all electricity fuel and materials and make the Employer’s Personnel and Plant available
雇应提供全部电力燃料材料安排动雇员生产设备
（b） the Contract shall provide any other plant equipment and suitably qualified and experienced staff as are necessary to carry out the Tests after Completion efficiently and
承包商应提供效进行竣工试验需设备装备适资质验员
（c） the Contractor shall carry out the Tests after Completion in the presence of such Employer’s andor Contractor’s Personnel as either Party may reasonably request
承包商应方合理求雇()承包商关员参加进行竣工试验
The tests after Completion shall be carried out as soon as is reasonably practicable after the Works or Section have been taken over by the Employer The Employer shall give to the Contractor 21 days’ notice of the date after which the Tests after Completion will be carried out Unless otherwise agreed these Tests shall be carried out within 14 days after this date on the day or days determined by the Employer
竣工试验应工程分项工程雇接收合理行时间快进行雇应提前21天开始进行竣工试验日期通知承包商非商定试验应该日期14天雇确定某日某日进行
The results of the Tests after Completion shall be compiled and evaluated by the Contractor who shall prepare a detailed report Appropriate account shall be taken of the effect of the Employer’s prior use of the Works
竣工试验结果应承包商负责整理评价编写份详细报告雇提前工程影响应予适考虑
122　Delayed Tests
延误试验
If the Contractor incurs Cost as a results of any unreasonable delay by the Employer to the Tests after Completion the Contractor shall (ⅰ) give notice to the Employer and (ⅱ) be entitled subject to SubClause 201[Contractor’s Claims] to payment of any such Cost plus reasonable profit which shall be added to the Contract Price
果雇竣工试验延误致承包商增加费承包商应(ⅰ)雇发出通知(ⅱ)权根第201款[承包商索赔]规定提出第类费合理利润应加入合价格予支付
After receiving this notice the Employer shall proceed in accordance with SubClause 35 [Determinations] to agree or determine this Cost and profit
雇收通知应第35款[确定]求商定确定项费利润
If for reasons not attributable to the Contractor a Test after Completion on the Works or any Section cannot be completed during the Defects Notification Period (or any other period agreed upon by both Parties) then the Works or Section shall be deemed to have passed this Test after Completion
果工程分项工程竣工试验未缺陷通知期限(双方商定期限)完成原承包商方面工程分项工程应视已通竣工试验
123　Retesting
重新试验
If the Works or a Section fail to pass the Tests after Completion
果工程某分项工程未通竣工试验
（a） subparagraph (b) of SubClause 111 [Completion of Outstanding Work and Remedying of Defects] shall apply and
应适第111款[完成扫尾工作修补缺陷](b)项
（b） either Party may then require the failed Tests and the Tests after Completion on any related work to be repeated under the same terms and conditions
方求相条款条件重新进行项未通试验相关工程竣工试验
If and to the extent that this failure and retesting are attributable to any of the matters listed in subparagraphs (a) to (d) of SubClause 112 [Cost of Remedying Defects] and cause the Employer to incur additional costs the Contractor shall subject to SubClause 25 [Employer’s Claims] pay these costs to Employer
果项未通试验重新试验第112款[修补缺陷费](a)(d)项列事项造成达致雇增加费程度承包商应根第25款[雇索赔]规定项雇支付费
124　Failure to Pass Tests after Completion
未通竣工试验
If the following conditions apply namely
果列条件成立
（a） the Works or a Section fail to pass any or all of the Tests after Completion
工程某分项工程未通全部竣工试验
（b） the relevant sum payable as nonperformance damages for this failure is stated (or its method of calculation is defined) in the Contract and
合中已说明项未通试验作未履约损害赔偿费支付相应金额(计算方法已规定)
（c） the Contractor pays this relevant sum to the Employer during the Defects Notification Period
承包商已缺陷通知期限项雇支付项相应金额
then the Works or Section shall be deemed to have passed these Tests after Completion
该工程分项工程应视已通竣工试验
If the Works or a Section fail to pass a Test after Completion and the Contractor proposes to make adjustments or modifications to the Works or such Section the Contractor may be instructed by (or on behalf of) the Employer that right of access to the Works or Section cannot be given until a time that is convenient to the Employer The Contractor shall then remain liable to carry out the adjustments or modifications and to satisfy this Test within a reasonable period of receiving notice by (or on behalf of) the Employer of the time that is convenient to the Employer However if the Contractor does not receive this notice during the relevant Defects Notification Period the Contractor shall be received of this obligation and the Works or Section (as the case may be) shall be deemed to have passed this Test after Completion
果工程分项工程未通某项竣工试验承包商建议工程该分项工程进行调整修改雇(代表)指示承包商雇方便时予工程分项工程进入权时承包商应等雇(代表)关雇方便时间通知合理期限进行调整修正履行该项试验继续负责果承包商相关缺陷期限未收项通知承包商应解述义务工程分项工程(视情况定)应视通该项竣工试验
If the Contractor incurs additional Cost as a result of any unreasonable delay by the Employer in permitting access to the Works or Plant by the Contractor either to investigate the causes of a failure to pass a Test after Completion or to carry out any adjustments or modifications the Contractor shall (ⅰ) give notice to the Employer and (ⅱ) be entitled subject to SubClause 201 [Contractor’s Claims] to payment of any such Cost plus reasonable profit which shall be added to Contract Price
果承包商调查未通某项竣工试验原进行调整修正进入工程生产设备雇延误予许招致承包商增加费承包商应(ⅰ)雇发出通知(ⅱ)权根第201款[承包商索赔]规定提出类费合理利润加入合价格予支付
After receiving this notice the Employer shall proceed in accordance with SubClause 35 [Determinations] to agree or determine this Cost and profit
雇收通知应第35款[确定]求项费利润进行商定
13　Variations and Adjustments
变更调整
131　Right to Vary
变更权
Variations may be initiated by the Employer at any time prior to issuing the TakingOver Certificate for the Works either by an instruction or by a request for the Contractor to submit a proposal A Variation shall not comprise the omission of any work which is to be carried out by others
颁发工程接收证书前时间雇通发布指示求承包商提交建议书方式提出变更变更应包括准备交进行工作删减
The Contractor shall execute and be bound by each Variation unless the Contractor promptly gives notice to the Employer stating (with supporting particulars) that (ⅰ) the Contractor cannot readily obtain the Goods required for the variation(ⅱ) it will reduce the safety or suitability of the Works or (ⅲ) it will have an adverse impact on the achievement of Performance Guarantees Upon receiving this notice the Employer shall cancel confirm or vary the instruction
承包商应遵守执行项变更非承包商时雇发出通知说明(附详细根)(ⅰ)承包商难取需货物(ⅱ)变更降低工程安全性适性(ⅲ)履约保证完成产生利影响雇接类通知应取消确认改变原指示
132　Value Engineering
价值工程
The Contractor may at any time submit to the Employer a written proposal which (in the Contractor’s opinion) will if adopted (ⅰ) accelerate completion (ⅱ) reduce the cost to the Employer of executing maintaining or operating the Works (ⅲ) improve the efficiency or value to the Employer of the completed Works or (ⅳ) otherwise be of benefit to the Employer
承包商时雇提交书面建议提出(认)采纳(ⅰ)加快竣工(ⅱ)降低雇工程施工维护运行费(ⅲ)提高雇竣工工程效率价值(ⅳ)雇带利益建议
The proposal shall be prepared at the cost of the Contractor and shall include the items listed in SubClause 133 [Variation Procedure]
类建议书应承包商费编制应包括第133款[变更程序]列容
133　Variation Procedure
变更程序
If the Employer requests a proposal prior to instructing a Variation the Contractor shall respond in writing as soon as practicable either by giving reasons why he cannot comply (if this is the case) or by submitting
果雇发出变更指示前求承包商提出份建议书承包商应快做出书面回应提出办理(果情况)提交
（a） a description of the proposed design andor work to be performed and a programme for its execution
建议设计()完成工作说明实施进度计划
（b） the Contractor’s proposal for any necessary modifications to the programme according to SubClause 83 [Programme] and to the Time for Completion and
根83款[进度计划]竣工时间求承包商进度计划做出必修改建议书
（c） the Contractor’s proposal for adjustment to the Contract Price
承包商调整合价格建议书
The Employer shall as soon as practicable after receiving such proposal (under SubClause 132 [Value Engineering] or otherwise) respond with approval disapproval or comments The Contractor shall not delay any work whilst awaiting a response
雇收类(根132款[价值工程]规定规定)提出建议书应快予批准批准提出意见回复等答复期间承包商应延误工作
Each instruction to execute a Variation to execute a Variation with any requirements for the recording of Costs shall be issued by the Employer to the Contractor who shall acknowledge receipt
应雇承包商发出执行项变更附做项费记录求指示承包商应确认收该指示
Upon instructing or approving a Variation the Employer shall proceed in accordance with SubClause 35 [Determinations] to agree or determine adjustments to the Contract Price and the Schedule of Payments These adjustments shall include reasonable profit and shall take account of the Contractor’s submissions under SubClause 132 [Value Engineering] if applicable
指示批准项变更雇应35款[确定]求商定确定合价格付款计划表调整调整应包括合理利润果适应考虑承包商根第132款[价值工程]提交建议
134　Payment in Applicable Currencies
适货币支付
If the Contract provides for payment of the Contract Price in more than one currency then whenever an adjustment is agreed approved or determined as stated above the amount payable in each of the applicable currencies shall be specified For this purpose reference shall be made to the actual or expected currency proportions of the Cost of the varied work and to the proportions of various currencies specified for payment of the Contract Price
果合规定合价格种货币支付述商定批准确定调整时应规定种适货币支付款额应参考变更工作费实际预期货币例规定合价格支付中种货币例
135　Provisional Sums
暂列金额
Each Provisional Sum shall only be used in whole or in part in accordance with the Employer’s instructions and the Contract Price shall be adjusted accordingly The total sum paid to the Contractor shall include only such amounts for the work supplies or services to which the Provisional Sum relates as the Employer shall have instructed For each provisional Sum the Employer may instruct
笔暂列金额应雇指示全部部分合价格相应进行调整付承包商总金额应包括雇已指示暂列金额关工作供货服务应付款项笔暂列金额雇指示列支付
（a） work to be executed (including Plant Materials or services to be supplied) by the Contractor and valued under SubClause 133 [Variation Procedure] andor
根第133款[变更程序]规定进行估价承包商实施工作(包括提供生产设备材料服务)()
（b） Plant Materials or services to be purchased by the Contractor for which there shall be added to the Contract Price less the original Provisional Sums
应加入扣原列暂列金额合价格承包商购买生产设备材料服务列费
（i） the actual amounts paid (or due to be paid) by the Contractor and
承包商已付(应付)实际金额
（ii） a sum for overhead charges and profit calculated as a percentage of these actual amounts by applying the relevant percentage rate (if any) stated in the Contract
合规定关百分率(果)计算实际金额百分作理费利润金额
The Contractor shall when required by the Employer produce quotations invoices vouchers and accounts or receipts in substantiation
雇求时承包商应出示报价单发票证帐单收等证明
136　Daywork
计日工作
For work of a minor or incidental nature the employer may instruct that a Variation shall be executed on a daywork basis The work shall then be valued in accordance with the daywork schedule included in the Contract and the following procedure shall apply If a daywork schedule is not included in the Contract this SubClause shall not apply
附带性工作雇指示计日工作实施变更时工作应包括合中计日工作计划表述程序进行估价果合中未包括计日工作计划表款适
Before ordering Goods for the work the Contractor shall submit quotations to the Employer When applying for payment the contractor shall submit invoices vouchers and accounts or receipts for any Goods
工作订购货物前承包商应雇提交报价单申请支付时承包商应提交货物发票证帐单收
Except for any items for which the daywork schedule specifies that payment is not due the Contractor shall deliver each day to the Employer accurate statements in duplicate which shall include the following details of the resources used in executing the previous day’s work
计日工作计划表中规定应支付项目外承包商应雇提交日精确报表式二份报表应包括前日工作中项资源详细资料
（a） the names occupations and time of Contractor’s Personnel
承包商员姓名职业时间
（b） the identification type and time of Contractor’s Equipment and Temporary Works and
承包商设备时工程标识型号时间
（c） the quantities and types of Plant and Materials used
生产设备材料数量型号
One copy of each statement will if correct or when agreed be signed by the Employer and returned to the Contractor The Contractor shall then submit priced statements of these resources to the Employer prior to their inclusion in the next Statement under SubClause 143 [Application for Interim Payments]
报表果正确意雇签署退回承包商1份承包商应列入根143款[期中支付申请规定提交报表前先雇提交关资源估价报表
137　Adjustments for Changes in Legislation
法律改变调整
The Contract Price shall be adjusted to take account of any increase or decrease in Cost resulting from a change in the Laws of the Country (including the introduction of new Laws and the repeal or modification of existing Laws) or in the judicial or official governmental interpretation of such Laws made after the Base Date which affect the Contractor in the performance of obligations under the Contract
基准日期工程国法律改变(包括施新法律废修改现法律)类法律司法政府解释改变承包商履行合规定义务产生影响时合价格应考虑述改变造成费增减进行调整
If the Contractor suffers (or will suffer)delay andor incurs (or will incur) additional Cost as a result of these changes in the Laws or in such interpretations made after the Base Date the Contractor shall give notice to the Employer and shall be entitled subject to SubClause 201 [Contractor’s Claims] to
果基准日期做出法律类解释改变承包商已()遭受延误()已()招致增加费承包商应雇发出通知应权根第201款[承包商索赔]规定提出
（a）　an extension of time for any such delay if completion is or will be delayed under SubClause 84 [Extension of Time for Completion] and
根第84款[竣工时间延长]规定果竣工已()受延误类延误予延长期
（b）payment of any such Cost which shall be added to the Contract Price
类费应加入合价格予支付
After receiving this notice he Employer shall proceed in accordance with SubClause 35 [Determinations] to agree or determine these matters
雇收类通知应第35款[确定]求事项进行商定确定
138　Adjustments for Changes in Cost
成改变调整
If the Contract Price is to be adjusted for rises or falls in the cost of labour Goods and other inputs to the Works the adjustments shall be calculated in accordance with the provisions in the Particular Conditions
合价格根劳动力货物工程投入成升降进行调整时应专条件规定进行计算
14　Contract price and Payment
合价格付款
141　The Contract Price
合价格
Unless otherwise stated in the particular Conditions
非专条件中规定
（a）payment for the Works shall be made on the basis of the lump sum Contract Price subject to adjustments in accordance with the Contract and
工程款支付应合价格基础合规定进行调整
（b）the Contractor shall pay all taxes duties and fees required to be paid by him under the Contract and the Contract Price shall not be adjusted for any of these costs except as stated in SubClause 137 [Adjustments for Changes in Legislation]
承包商应支付根合求应支付项税费第137款[法律改变调整]说明情况外合价格应税费进行调整
142　Advance payment
预付款
The Employer shall make an advance payment as an interestfree loan for mobilization and design when the Contractor submits a guarantee in accordance with this SubClause including the details stated in the Particular Conditions If the Particular Conditions does not state
承包商款包括专条件中提出详细求提交份保函雇应支付笔预付款作动员设计息贷款果专条件没说明
（a）the amount of the advance payment then this SubClause shall not apply
预付款数量款应适
（b）the number and timing of installments then there shall be only one
分期付款期数时间安排应次
（c）the applicable currencies and proportions then shall be those in which the Contract Price is payable andor
预付款适货币例应合价格支付货币例支付()
（d）the amortization rate for repayments then it shall be calculated by dividing the total amount of the advance payment by the Contract Price stated in the Contract Agreement less Provisional Sums
预付款分期摊率应预付款总额减暂列金额合协议书中规定合价格出率进行计算
The Employer shall pay the first installment after receiving (ⅰ) a Statement (under SubClause 143 [Application for Interim Payments]) (ⅱ) the Performance Security in accordance with SubClause 42 [Performance Security] and (ⅲ) a guarantee in amounts and currencies equal to the advance payment This guarantee shall be issued by an entity and from within a country (or other jurisdiction) approved by the Employer and shall be in the form annexed to the Particular Conditions or in another form approved by the Employer Unless and until the Employer receives this guarantee this SubClause shall not apply
雇收(ⅰ)(根第143款[期中付款申请]规定提交)报表(ⅱ)第42款[履约担保]规定递交履约担保(ⅲ)雇批准国家(司法辖区)实体专条件附格式雇批准格式签发金额币种等预付款保函应支付首次分期付款非直雇收保函款应适
The Contractor shall ensure that the guarantee is valid and enforceable until the advance payment has been repaid but its amount may be progressively reduced by the amount repaid by the Contractor If the terms of the guarantee specify its expiry date and the advance payment has not been repaid by the date 28 days prior to the expiry date the Contractor shall extend the validity of the guarantee until the advance payment has been repaid
清预付款前承包商应确保该保函直效执行总额根承包商付金额逐渐减少果该保函条款中规定期满日期期满日期前28天预付款尚未清时承包商应该保函效期延预付款清止
The advance payment shall be repaid through proportional deductions in interim payments Deductions shall be made at the amortization rate stated in the Particular Conditions (or if not so stated as stated in subparagraph (d) above) which shall be applied to the amount otherwise due (excluding the advance payment and deductions and repayments of retention) until such time as the advance payment has been repaid
预付款应通期中付款中例减少方式付扣减应专条件中规定分期摊率(规定述(d)项中述率)计算该率应应付款项(包括预付款减少额保留金付)直预付款清止
If the advance payment has not been repaid prior to the issue of the TakingOver Certificate for the Works or prior to termination under Clause 15 [Termination by Employer] Clause 16 [Suspension and Termination by Contractor] or Clause 19 [Force Majeure] (as the case may be) the whole of the balance than outstanding shall immediately become due and payable by the Contractor to the Employer
果颁发工程移交证书前根第15条[雇终止] 第16条[承包商暂停终止] 第19条[抗力](视情况定)规定终止前预付款尚未清全部余额应立成承包商雇期应付款
143　Application for Interim Payments
期中付款申请
The Contractor shall submit a Statement in six copies to the Employer after the end of the period of payment stated in the Contract (if not stated after the end of each month) in a form approved by the Employer showing in detail the amounts to which the Contractor considers himself to be entitled together with supporting documents which shall include the relevant report on progress in accordance with SubClause 421 [Progress Reports]
承包商应合规定支付期限末(规定月月末)雇批准格式雇提交式六份报表详细说明承包商认权款额包括第421款[进度报告]规定编制相关进度报告证明文件
The Statement shall include the following items as applicable which shall be expressed in the various currencies in which the Contract Price is payable in the sequence listed
适时该报表应包括列项目合价格应付种货币表示列序排列
（a）the estimated contract value of the Works executed and the Contractor’s Documents produced up to the end of the month (including Variations but excluding items described in subparagraphs (b) to (f) below)
截月末已实施工程已提出承包商文件估算合价值(包括项变更包括(b)(f)项列项目)
（b）any amounts to be added and deducted for changes in legislation and changes in cost in accordance with SubClause 137 [Adjustments for Changes in Legislation] and SubClause 138 [Adjustments for Changes in Cost]
第137款[法律改变调整]第138款[成改变调整]规定法律改变成改变应增减款额
（c）any amount to be deducted for retention calculated by applying the percentage of retention stated in the Particular Conditions to the total of the above amounts until the amount so retained by the Employer reaches the limit of Retention Money (if any) stated in the Particular Conditions
雇提取保留金额达专条件中规定保留金限额(果)前专条件中规定保留金百分计算述款项总额应减少保留金额
（d）any amounts to be added and deducted for the advance payment and repayments in accordance with SubClause 142 [Advance Payment]
第142款[预付款]规定预付款支付付应增加减少款额
（e）any other additions or deductions which may have become due under the Contract or otherwise including those under Clause 20 [Claims Disputes and Arbitration] and
根合包括根第20条[索赔争端仲裁]等规定应付增加额减少额
（f）the deduction of amounts included in previous Statements
先前报表中包括减少额
144　Schedule of Payments
付款价格表
If the Contract includes a Schedule of Payments specifying the instalments in which the Contract Price will be paid then unless otherwise stated in this Schedule
果合包括合价格支付规定分期支付付款计划表非改表中规定否
（a）the instalments quoted in the Schedule of Payments shall be the estimated contract values for the purposes of subparagraph (a) of SubClause 143 [Application for Interim Payments] subject to SubClause 145 [Plant and Materials intended for the Works] and
该付款计划表列分期付款额应应第143款[期中付款申请]中(a)项第145款[拟工程生产设备材料]规定估算合价值
（b）if these instalments are not defined by reference to the actual progress achieved in executing the Works and if actual progress is found to be less than that on which the Schedule of Payments was based then the Employer may proceed in accordance with SubClause 35 [Determinations] to agree or determine revised instalments which shall take account of the extent to which progress in less than that on which the instalments were previously based
果分期付款额参工程实施达实际进度确定发现实际进度付款计划表进度落时雇第35款[确定]求进行商定确定修改该分期付款额种修改应考虑实际进度落该分期付款额原进度程度
If the Contract does not include a Schedule of Payments the contractor shall submit nonbinding estimates of the payments which he expects to become due during each quarterly period The first estimate shall be submitted within 42 days after the Commencement Date Revised estimates shall be submitted at quarterly intervals until the TakingOver Certificate has been issued for the Works
果合未包括付款计划表承包商应三月期间提交预计应付约束性估算付款额次估算应开工日期42天提交直颁发工程接收证书前三月间隔应提交修正估算
145　Plant and Materials intended for the Works
拟工程生产设备材料
If the Contractor is entitled under the Contract to an interim payment for Plant and Materials which are not yet on the Site the Contractor shall nevertheless not be entitled to such payment unless
果根合规定承包商权获尚未运现场生产设备材料期中付款承包商必须具备列条件权
（a）the relevant Plant and Materials are in the Country and have been marked as the Employer’s property in accordance with the Employer’s instructions or
相关生产设备材料工程国已雇指示标明雇财产
（b）the Contractor has delivered to the Employer evidence of insurance and a bank guarantee in a form and issued by an entity approved by the Employer in amounts and currencies equal to such payment This guarantee may be in a similar form to the form referred to in SubClause 142 [Advance Payment] and shall be valid until the Plant and Materials are properly stored on Site and protected against loss damage or deterioration
承包商已雇提交保险证雇批准实体批准格式签发数额币种该项付款相银行保函该保函第142款[预付款]中提格式相似格式应做生产设备材料已现场妥善储存做防止损失损害变质保护前直效
146　Interim Payments
期中付款
No amount will be paid until the Employer has received and approved the Performance Security Thereafter the Employer shall within 28 days after receiving a Statement and supporting documents give to the Contractor notice of any items in the Statement with which the Employer disagrees with supporting particulars Payments due shall not be withheld except that
雇收认履约担保前办理付款雇应收关报表证明文件28天承包商发出关报表中雇意项目通知附细节说明列情况外应付款项应予扣发
（a）if any thing supplied or work done by the Contractor is not in accordance with the Contract the cost of rectification or replacement may be withheld until rectification or replacement has been completed andor
果承包商供应物品完成工作符合合求修正更换完成前扣发该修正更换需费()
（b）if the Contractor was or is failing to perform any work or obligation in accordance with the Contract and had been so notified by the Employer the value of this work or obligation may be withheld until the work or obligation has been performed
果承包商未合求履行工作义务雇已发出通知时该项工作义务完成前扣发该工作义务价值
The Employer may by any payment make any correction or modification that should properly be made to any amount previously considered due Payment shall not be deemed to indicate the Employer’s acceptance approval consent or satisfaction
雇次付款时前认应付款额做出应改正修正付款应认表明雇接受批准意满意
147　Timing of Payments
付款时间安排
Except as otherwise stated in SubClause 25 [Employer’s Claims] the Employer shall pay to the Contractor
第25款[雇索赔]规定外雇应时间承包商支付
（a）the first instalment of the advance payment within 42 days after the date on which the Contract came into full force and effect or within 21days after the Employer receives the documents in accordance with SubClause 142 [Advance Payment] whichever is later
合开始实施生效日期42天雇收第42款[履约担保]第142款[预付款]规定提出文件21天二者中较晚日期支付首期预付款
（b）the amount which is due in respect of each Statement other than the Final Statement within 56 days after receiving the Statement and supporting documents and
收关报表证明文件56天终报表外支付期报表应付款额
（c）the final amount due within 42 days after receiving the Final Statement and written discharge in accordance with SubClause 1411 [Application for Final Payment] and SubClause 1412 [Discharge]
收第1411款[终付款申请]第1412款[结清证明]规定提出终报表书面结清证明42天支付应付终款额
Payment of the amount due in each currency shall be made into the bank account nominated by the Contractor in the payment country (for this currency) specified in the Contract
种货币应付款额应汇入位合(货币)指定付款国境承包商指定银行帐户
148　Delayed Payment
延误付款
If the Contractor does not receive payment in accordance with SubClause 147 [Timing of Payments] the Contractor shall be entitled to receive financing charges compounded monthly on the amount unpaid during the period of delay
果承包商没第147款[付款时间安排]规定时间收付款承包商应权未付款月计算复利收取延误期融资费
Unless otherwise stated in the Particular Conditions these financing charges shall be calculated at the annual rate of three percentage points above the discount rate of the central bank in the country of the currency of payment and shall be paid in such currency
非专条件中规定述融资费应高出付款货币国中央银行贴现率三百分点年利率进行计算应种货币支付
The Contractor shall be entitled to this payment without formal notice and without prejudice to any other right or remedy
承包商应权述付款需正式通知损害权利补偿
149　Payment of Retention Money
保留金支付
When the TakingOver Certificate has been issued for the Works and the Works have passed all specified tests (including the Tests after Completion if any) the first half of the Retention Money shall be paid to the Contractor If a TakingOver Certificate is issued for a Section the relevant percentage of the first half of the Retention Money shall be paid when the Section passes all tests
已颁发工程接收证书工程已通规定试验(包括竣工试验果)时应保留金前半付承包商果某分项工程颁发接收证书该分项工程通试验时应付保留金前半相关百分部分
Promptly after the latest of the expiry dates of the Defects Notification Periods the outstanding balance of the Retention Money shall be paid to the Contractor If a TakingOver Certificate was issued for a Section the relevant percentage of the second half of the Retention Money shall be paid promptly after the expiry date of the Defects Notification Period for the Section
缺陷通知期限末期满日期应立保留金未付余额付承包商某分项工程颁发接收证书该分项工程缺陷通知期限期满日期应立付保留金半相关百分部分
However if any work remains to be executed under Clause 11 [Defects Liability] or Clause 12 [Tests after Completion] the Employer shall be entitled to withhold the estimated cost of this work until it has been executed
果根第11条[缺陷责]第12条[竣工试验]规定工作做雇应权该项工作完成前扣发完成该工作估算费
The relevant percentage for each Section shall be the percentage value of the Section as stated in the Contract If the percentage value of a Section is not stated in the Contract no percentage of either half of the Retention Money shall be released under this SubClause in respect of such Section
分项工程相关百分应合中规定该分项工程价值百分果合中没规定该分项工程价格百分应根款关分项工程保留金半百分放
1410　Statement at Completion
施工报表
Within 84 days after receiving the TakingOver Certificate for the Works the Contractor shall submit to the Employer six copies of a Statement at completion with supporting documents in accordance with SubClause 143 [Application for Interim Payments] showing
收工程接收证书84天承包商应第143款[期中付款申请]求雇递交竣工报表附证明文件式六份列出
（a）the value of all work done in accordance with the Contract up to the date stated in the TakingOver Certificate for the Works
截工程接收证书载明日期合求完成工作价值
（b）any further sums which the Contractor considers to be due and
承包商认应付款项
（c）an estimate of any other amounts which the Contractor considers will become due to him under the Contract Estimated amounts shall be shown separately in this Statement at completion
承包商认根合规定应付款项估计款额估计款额载竣工报表中应单独列出
The Employer shall then give notice to the Contractor in accordance with SubClause 146 [Interim Payments] and make payment in accordance with SubClause 147 [Timing of Payments]
时雇应第146款[期中付款]规定核发支付证书第147款[付款时间安排]规定支付
1411　Application for Final Payment
终付款申请
Within 56 days after receiving the Performance Certificate the Contractor shall submit to the Employer six copies of a draft final statement with supporting documents showing in detail in a form approved by the Employer
收履约证书56天承包商应雇批准格式雇递交终报表草案附证明文件式六份详细列出
（a）the value of all work done in accordance with the Contract and
根合完成工作价值
（b）any further sums which the Contractor considers to be due to him under the Contract or otherwise
承包商认根合规定应支付款额
If the Employer disagrees with or cannot verify any part of the draft final statement the Contractor shall submit such further information as the Employer may reasonably require and shall make such changes in the draft as may be agreed between them The Contractor shall then prepare and submit to the Employer the final statement as agreed This agreed statement is referred to in these Conditions as the Final Statement
果雇意法核实终报表草案中部分承包商应雇提出合理求提交补充资料双方商定意见该草案进行修改然承包商应商定意见编制雇提交终报表份商定报表条件中称终报表
However if following discussions between the Parties and changes to the draft final statement which are agreed it becomes evident that a dispute exists the Employer shall pay the agreed parts of the draft final statement in accordance with SubClause 146 [Interim Payments] and SubClause 147 [Timing of Payments] Thereafter if the dispute is finally resolved under SubClause 204 [Obtaining Dispute Adjudication Board’s Decision] or SubClause 205 [Amicable Settlement] the Contractor shall then prepare and submit to the Employer a Final Statement
果双方协商协商致意见终报表草案进行修改程中明显存争端雇应第146款[期中付款]核第147款[付款时间安排]规定支付终报表草案中意部分果争端根第204款[取争端裁决委员会决定] 第205款[友解决]规定终解决承包商应编制雇提交终报表
1412　Discharge
结清证明
When submitting the Final Statement the Contractor shall submit a written discharge which confirms that the total of the Final Statement represents full and final settlement of all moneys due to the Contractor under or in connection with the Contract This discharge may state that it becomes effective when the Contractor has received the Performance Security and the outstanding balance of this total in which event the discharge shall be effective on such date
承包商提交终报表时应提交份结清证明确认终报表总额代表根合合关事项应付承包商款项全部核终结算总额该结清证明注明承包商收退回履约担保核该总额中尚未付清余额生效情况结清证明应改日期生效
1413　Final Payment
终付款
In accordance with subparagraph (c) of SubClause 147 [Timing of Payments] the Employer shall pay to the Contractor the amount which is finally due less all amounts previously paid by the Employer and any deductions in accordance with SubClause 25 [Employer’s Claims]
雇应第147款[付款时间安排](c)项规定承包商支付终应付款额扣雇已付全部款额第25款[雇索赔]规定决定减少额款额
1414　Cessation of Employer’s Liability
雇责中止
The Employer shall not be liable to Contractor for any matter or thing under or in connection with the Contract or execution of the Works except to the extent that the Contractor shall have included an amount expressly for it
承包商列文件中合工程实施引发关问题事项明确提出款额求外雇应述问题事项承包商承担责
（a）in the Final Statement and also
终报表中
（b）(except for matters or things arising after the issue of the TakingOver Certificate for the Works) in the Statement at completion described in SubClause 1410 [Statement at Completion]
第1410款[竣工报表]述竣工报表中(颁发工程接收证书发生问题事项外)
However this SubClause shall not limit the Employer’s liability under his indemnification obligations or the Employer’s liability in any case of fraud deliberate default or reckless misconduct by the Employer
款应限制雇赔偿义务欺骗意违约轻率行等情况引起责
1415　Currencies of Payment
支付货币
The Contract Price shall be paid in the currency or currencies named in the Contract Agreement Unless otherwise stated in the Particular Conditions if more than one currency is so named payments shall be made as follows
合价格应合协议书规定货币种货币支付非专条件中说明果规定种货币应办法支付
（a）if the Contract Price was expressed in Local Currency only
果合价格货币表示
（i）the proportions or amounts of the Local and Foreign Currencies and the fixed rates of exchange to be used for calculating the payments shall be as stated in the Contract Agreement except as otherwise agreed by both Parties
货币外币例款额计算付款采固定汇率双方商定外应合协议书规定执行
（ii）payments and deductions under SubClause 135 [Provisional Sums] and SubClause 137 [Adjustments for Changes in Legislation] shall be made in the applicable currencies and proportions and
根第135款[暂列款]第137[法律改变调整]规定付款减少应适货币例执行
（iii）other payments and deductions under subparagraphs (a) to (d) of SubClause 143 [Application for Interim Payments] shall be made in the currencies and proportions specified in subparagraph (a)(ⅰ) above
根第143款[期中付款申请](a)(d)项做出支付减少应述(a)(ⅰ)项规定货币例执行
（b）payment of the damages specified in the Particular Conditions shall be made in the currencies and proportions specified in the Particular Conditions
专条件中规定损害赔偿费支付应专条件中规定货币例执行
（c）other payments to the Employer by the Contractor shall be made in the currency in which the sum was expended by the Employer or in such currency as may be agreed by both Parties
承包商付雇款项应雇花费改款项实际货币双方商定货币执行
（d）if any amount payable by the Contractor to the Employer in a particular currency exceeds the sum payable by the Employer to the Contractor in that currency the Employer may recover the balance of this amount from the sums otherwise payable to the Contractor in other currencies and
果承包商应付雇某种货币款额超雇应付承包商该种货币款额雇应付承包商货币款额中收回该项差额’
（e）if no rates of exchange are stated in the Contract they shall be those prevailing on the Base Date and determined by the central bank of the Country
果合中没说明汇率应采基准日期天工程国中央银行确定汇率
15　Termination by Employer
雇终止
151　Notice to Correct
通知改正
If the Contractor fails to carry out any obligation under the Contract the Employer may by notice require the Contractor to make good the failure and to remedy it within a specified reasonable time
果承包商未根合履行义务雇通知承包商求规定合理时间纠正补救述违约行
152　Termination by Employer
雇终止
The Employer shall be entitled to terminate the Contract if the Contractor
果承包商列行雇应权终止合：
（a）fails to comply with SubClause 42 [Performance Security] or with a notice under SubClause 151 [Notice to Correct]
未遵守第42款[履约担保]规定根第151款[通知改正]规定发出通知求
（b）abandons the Works or otherwise plainly demonstrates the intention not to continue performance of his obligations under the Contract
放弃工程明确表现出继续合履行义务意
（c）without reasonable excuse fails to proceed with the Works in accordance with Clause 8 [Commencement Delays and Suspension]
合理解释未第8条[开工延误暂停]规定进行工程
（d）subcontracts the whole of the Works or assigns the Contract without the required agreement
未必许整工程分包出合转
（e）becomes bankrupt or insolvent goes into liquidation has a receiving or administration order made against him compounds with his creditors or carries on business under a receiver trustee or manager for the benefit of his creditors or if any act is done or event occurs which (under applicable Laws) has a similar effect to any of these acts or events or
破产力偿债停业清理已财产接令理令债权达成解债券利益财产接受托理监督营业采取行动发生事件（根关适法律）具前述行动事件相似效果
（f）gives or offers to give (directly or indirectly) to any person any bribe gift gratuity commission or other thing of value as an inducement or reward
（直接间接）付企图付贿赂礼品赏金回扣贵重物品引诱报偿：
（i）for doing or forbearing to do any action in relation to the Contract or
采取采取关合行动
（ii）for showing or forbearing to show favor or disfavor to any person in relation to the Contract
合关做出做利利表示
or if any of the Contractor’s Personnel agents or Subcontractors gives or offers to give (directly or indirectly) to any person any such inducement or reward as is described in this subparagraph (f) However lawful inducements and rewards to Contractor’s Personnel shall not entitle termination
承包商员代理分包商（直接间接）付企图付款（f）项述类引诱报偿予承包商员合法鼓励奖赏权终止
In any of these events or circumstances the Employer may upon giving 14 days’ notice to the Contractor terminate the Contract and expel the Contractor from the Site However in the case of subparagraph (e) or (f) the Employer may by notice terminate the Contract immediately
出现述事件情况时雇提前14天承包商发出通知终止合求离开现场（e）（f）项情况雇发出通知立终止合
The Employer’s election to terminate the Contract shall not prejudice any other rights of the Employer under the Contract or otherwise
雇做出终止合选择应损害根合规定享权利
The Contractor shall then leave the Site and deliver any required Goods all Contractor’s Documents and other design documents made by or for him to the Employer However the Contractor shall use his best efforts to comply immediately with any reasonable instructions included in the notice (ⅰ) for the assignment of any subcontract and (ⅱ) for the protection of life or property or for the safety of the Works
时承包商应撤离现场需货物承包商文件做设计文件交雇承包商应立努力遵包括通知中关（ⅰ）转分包合（ⅱ）保护生命财产工程安全合理指示
After termination the Employer may complete the Works andor arrange for any other entities to do so The Employer and these entities may then use any Goods Contractor’s Documents and other design documents made by or on behalf of the Contractor
终止雇继续完成工程（）安排实体完成时雇实体货物承包商文件承包商名义编制设计文件
The Employer shall then give notice that the contractor’s Equipment and Temporary Works will be released to the Contractor at or near the Site The Contractor shall promptly arrange their removal at the risk and cost of the Contractor However if by this time the Contractor has failed to make a payment due to the Employer these items may be sold by the Employer in order to recover this payment Any balance of the proceeds shall then be paid to the Contractor
雇应发出通知现场附承包商设备时工程放承包商承包商应迅速行承担风险费安排运走果时承包商应付雇款项没付清雇出售物品收回欠款收益余款应付承包商
153　Valuation at Date of Termination
终止日期时估价
As soon as practicable after a notice of termination under SubClause 152 [Termination by Employer] has taken effect the Employer shall proceed in accordance with SubClause 35 [Determinations] to agree or determine the value of the Works Goods and Contractor’s Documents and any other sums due to the Contractor for work executed in accordance with the Contract
根第152款[雇终止]规定发出终止通知生效雇应立第35款[确定]求商定确定工程货物承包商文件价值承包商合实施工作应款项
154　Payment after Termination
终止付款
After a notice of termination under SubClause 152 [Termination by Employer] has taken effect the Employer may
根第152款[雇终止]规定发出终止通知生效雇：
（a）proceed in accordance with SubClause 25 [Employer’s Claims]
第25款[雇索赔]规定进行
（b）withhold further payments to the Contractor until the costs of design execution completion and remedying of any defects damages for delay in completion (if any) and all other costs incurred by the employer have been established andor
确定设计施工竣工修补缺陷费延误竣工（果）损害赔偿费雇负担全部费前暂承包商支付进步款额（）
（c）recover from the Contractor any losses and damages incurred by the Employer and any extra costs of completing the Works after allowing for any sum due to the Contractor under SubClause 153 [Valuation at Date of Termination] After recovering any such losses damages and extra costs the Employer shall pay any balance to the Contractor
根第153款[终止日期时估计]规定答应付承包商款额先承包商处收回雇蒙受损失损害赔偿费完成工程需额外费收回类损失损害赔偿费额外费雇应余额付承包商
155　Employer’s Entitlement to Termination
雇终止权利
The Employer shall be entitled to terminate the Contract at any time for the Employer’s convenience by giving notice of such termination to the Contractor The termination shall take effect 28 days after the later of the dates on which the Contractor receives this notice or the Employer returns the Performance Security The Employer shall not terminate the Contract under this SubClause in order to execute the Works himself or to arrange for the Works to be executed by another contractor
雇应权方便时候通承包商发出终止通知终止合项终止应承包商收该通知雇退回履约担保两者中较晚日期第28日生效雇应实施安排外承包商实施工程根款终止合
After this termination the Contractor shall proceed in accordance with SubClause 163 [Cessation of Work and Removal of Contractor’s Equipment] and shall be paid in accordance with SubClause 196 [Optional Termination Payment and Release]
项终止承包商应第163款[停止工作承包商设备撤离]规定执行应第196款[选择终止支付解]规定获付款
16　Suspension and termination by Contractor
承包商暂停终止
161　Contractor’s Entitlement to Suspend Work
承包商暂停工作权利
If the Employer fails to comply with SubClause 24 [Employer’s Financial Arrangements] or SubClause 147 [Timing of Payments] the Contractor may after giving not less than 21 days’ notice to the Employer suspend work (or reduce the rate of work) unless and until the Contractor has received the reasonable evidence or payment as the case may be and as described in the notice
果雇未遵守第24款[雇资金安排]第147款[付款时间安排]规定承包商少21天前通知雇暂停工作（放慢工作速度）非直承包商根情况通知中述收付款证书合理证明付款止
The Contractor’s action shall not prejudice his entitlements to financing charges under SubClause 148 [Delayed Payment] and to termination under SubClause 162 [Termination by Contractor]
承包商述行动应影响根第148款[延误付款]规定获融资费根第162款[承包商终止]规定提出终止权利
If the Contractor subsequently receives such evidence or payment (as described in the relevant SubClause and in the above notice) before giving a notice of termination the Contractor shall resume normal working as soon as is reasonably practicable
果发出终止通知前承包商收述证明付款（关条款述通知中述）承包商应合理情况快恢复正常工作
If the Contractor suffers delay andor incurs Cost as a result of suspending work (or reducing the rate of work) in accordance with this SubClause the Contractor shall give notice to the Employer and shall be entitled subject to SubClause 201 [Contractor’s Claims] to
果款暂停工作（放慢工作速度）承包商遭受延误（）招致费承包商应雇发出通知权根第201款[承包商索赔]规定提出：
（a）an extension of time for any such delay if completion is or will be delayed under SubClause 84 [Extension of Time for Completion]and
根第84款[竣工时间延长]规定竣工已受延误类延误予延长期
（b）payment of any such Cost plus reasonable profit which shall be added to the Contract Price
类费合理利润应加入合价格予支持
After receiving this notice the Employer shall proceed in accordance with SubClause 35 [Determinations] to agree or determine these matters
雇收通知应第35款[确定]求事项进行商定确定
162　Termination by Contractor
承包商终止
The Contractor shall be entitled to terminate the Contract if
出现列情况承包商应权终止合：
（a）the Contractor does not receive the reasonable evidence within 42 days after giving notice under SubClause 161 [Contractor’s Entitlement to Suspend Work] in respect of a failure to comply with SubClause 24 [Employer’s Financial Arrangements]
承包商根第161款[承包商暂停工作权利]规定未遵第24款[雇资金安排]规定事项发出通知42天承包商未收合理证明
（b）the Contractor does not receive the amount due within 42 days after the expiry of the time stated in SubClause 147 [Timing of Payments] within which payment is to be made (except for deductions in accordance with SubClause 25 [Employer’s Claims])
第147款[付款时间安排]规定付款时间期42天承包商未收该期间应付款额（第25款[雇索赔]规定减少部分外）
（c）the Employer substantially fails to perform his obligations under the Contract
雇实质未根合规定履行义务
（d）the Employer fails to comply with SubClause 17 [Assignment]
雇未遵守第17款[权益转]规定
（e）a prolonged suspension affects the whole of the Works as described in SubClause 811 [Prolonged Suspension] or
第811款[拖长暂停]述拖长停工影响整工程
（f）the Employer becomes bankrupt or insolvent goes into liquidation has a receiving or administration order made against him compounds with his creditors or carries on business under a receiver trustee or manager for the benefit of his creditors or if any act is done or event occurs which (under applicable Laws) has a similar effect to any of these acts or events
雇破产力偿债停业清理已财产接令理令债权达成解债权利益财产接受托理监督营业采取行动发生事件（根关适法律）具前述行动事件相似效果
In any of these events or circumstances the Contractor may upon giving 14 days’ notice to the Employer terminate the Contract However in the case of subparagraph (e) or (f) the Contractor may by notice terminate the Contract immediately
述时间情况承包商通知雇14天终止合（e）（f）项情况承包商发出通知立终止合
The Contractor’s election to terminate the Contract shall not prejudice any other rights of the Contractor under the Contract or otherwise
承包商做出终止合选择应影响根合规定享权利
163　Cessation of Work and Removal of Contractor’s Equipment
停止工作承包商设备撤离
After a notice of termination under SubClause 155 [Employer’s Entitlement to Termination] SubClause 162 [Termination by Contractor] or SubClause 196 [Optional Termination Payment and Release] has taken effect the Contractor shall promptly
根第155款[雇终止合权利]第162款[承包商终止]第196款[选择终止支付解]规定发出终止通知生效承包商应迅速：
（a）cease all further work except for such work as may have been instructed by the Employer for the protection of life or property or for the safety of the Works
停止进步工作雇保护生命财产工程安全指示工作外
（b）hand over Contractor’s Documents Plant Materials and other work for which the Contractor has received payment and
移交承包商已付款承包商文件生产设备材料工作
（c）remove all other Goods from the Site except as necessary for safety and leave the Site
现场运走安全需外货物撤离现场
164　Payment on Termination
终止时付款
After a notice of termination under SubClause 162 [Termination by Contractor] has taken effect the Employer shall promptly
根第162款[承包商终止]规定发出终止通知生效雇应迅速：
（a）return the Performance Security to the Contractor
履约担保退承包商
（b）pay the Contractor in accordance with SubClause 196 [Optional Termination Payment and Release] and
196款[选择终止支付解]规定承包商付款
（c）pay to the Contractor the amount of any loss of profit or other loss or damage sustained by the Contractor as a result of this termination
付承包商项终止蒙受利润损失损失损害款额
17　Risk and Responsibility
风险职责
171　Indemnities
保障
The Contractor shall indemnify and hold harmless the Employer the Employer’s personnel and their respective agents against and form all claims damages losses and expenses (including legal fees and expenses) in respect of
承包商应保障保持雇雇员代理免受索赔损害赔偿费损失开支（包括法律费开支）带伤害：
（a）bodily injury sickness disease or death of any person whatsoever arising out of or in the course of or by reason of the design execution and completion of the Works and the remedying of any defects unless attributable to any negligence willful act or breach of the Contract by the Employer the Employer’s Personnel or any of their respective agents and
工程设计施工竣工修补缺陷引起程中原产生员非雇雇员代理疏忽意行违反合造成
（b）damage to or loss of any property real or personal (other than the Works) to the extent that such damage or loss
列情况造成财产动产动产（工程外）损害损失：
（i）arises out of or in the course of or by reason of the design execution and completion of the Works and the remedying of any defects and
工程设计施工竣工修补缺陷引起程中原产生
（ii）is not attributable to any negligence willful act or breach of the Contract by the Employer the Employer’s Personnel their respective agents or anyone directly or indirectly employed by any of them
雇雇员代理中直接间接聘疏忽意行违反合造成
The Employer shall indemnify and hold harmless the Contractor the Contractor’s Personnel and their respective agents against and from all claims damages losses and expenses (including legal fees and expenses) in respect of (1) bodily injury sickness disease or death which is attributable to any negligence willful act or breach of the Contract by the Employer the Employer’s Personnel or any of their respective agents and (2) the matters for which liability may be excluded from insurance cover as described in subparagraphs (d)(ⅰ) (ⅱ) and (ⅲ) of SubClause 183 [Insurance Against Injury to Persons and Damage to Property]
雇应保障保持承包商承包商员代理免受发面索赔损害赔偿费损失开支（包括法律费开支）带伤害：（1）雇雇员代理疏忽意行违反合造成身伤害患病疾病死亡（2）第183款[身伤害财产损失险]（d）项（i）(ii)（iii）目中述责包括保险范围类事项
172　Contractor’s Care of the Works
承包商工程
The Contractor shall take full responsibility for the care of the Works and Goods from the Commencement Date until the TakingOver Certificate is issued (or is deemed to be issued under SubClause 101 [Taking Over of the Works and Sections] for the Works when responsibility for the care of the Works shall pass to for any Section of the Works responsibility for the care of the Section shall then pass to the Employer
承包商应开工日期起承担工程货物全部职责直办法工程接收证书（根第101款[工程分项工程接收]规定应视已颁发）日止时工程职责应移交雇果某分项工程职责应移交雇
After responsibility has accordingly passed to the Employer the Contractor shall take responsibility for the care of any work which is outstanding on the date stated in a TakingOver Certificate until this outstanding work has been completed
职责述规定移交雇承包商应接收证书注明日期时扫尾工作承担职责直该扫尾工作完成止
If any loss or damage happens to the Works Goods or Contractor’s Documents during the period when the Contractor is responsible for their care from any cause not listed in SubClause 173[Employer’s Risks] the Contractor shall rectify the loss or damage at the Contractor’s risk and cost so that the Works Goods and Contractor’s Documents conform with the Contract
果承包商负责期间第173款[雇风险]中列风险外原致工程货物承包商文件发生损失损害承包商应行承担风险费修正该项损失损害工程货物承包商文件符合合求
The Contractor shall be liable for any loss or damage caused by any actions performed by the Contractor after a TakingOver Certificate has been issued The Contractor shall also be liable for any loss or damage which occurs after a TakingOver Certificate has been issued and which arose from a previous event for which the Contractor was liable
承包商应颁发接收证书采取行动造成损失损害负责承包商应颁发接收证书发生承包商负责前事件引起损失损害负责
173　Employer’s Risks
雇风险
The risks referred to in SubClause 174 below are
述第174款谈风险指：
（a）war hostilities (whether war be declared or not) invasion act of foreign enemies
战争敌行动（宣战否）入侵外敌行动
（b）rebellion terrorism revolution insurrection military or usurped power or civil war within the Country
工程国叛乱恐怖义革命暴动军事政变篡夺政权战
（c）riot commotion or disorder within the Country by persons other than the Contractor’s Personnel and other employees of the Contractor and Subcontractors
承包商员承包商分包商雇员外员工程国骚动喧闹混乱
（d）munitions of war explosive materials ionising radiation or contamination by radioactivity within the Country except as may be attributable to the Contractor’s use of such munitions explosives radiation or radioactivity and
工程国战争军火爆炸物资电离辐射放射性引起污染承包商类军火炸药辐射放射性引起外
（e）pressure waves caused by aircraft or other aerial devices traveling at sonic or supersonic speeds
音速超音速飞行飞机飞机装置产生压力波
174　Consequence of Employer’s Risks
雇风险果
If and to the extent that any of the risks listed in SubClause 173 above results in loss or damage to the Works Goods or Contractor’s Documents the Contractor shall promptly give notice to the Employer and shall rectify this loss or damage to the extent required by the Employer
果述第173款列举风险达工程货物承包商文件造成损失损害程度承包商应立通知雇应雇求修整类损失损害
If the Contractor suffers delay andor incurs Cost from rectifying this loss or damage the Contractor shall give a further notice to the Employer and shall be entitled subject to SubClause 201 [Contractor’s Claims] to
果修整类损失损害承包商遭受厌恶（）招致增加费承包商应进步通知雇权根第201款[承包商索赔]规定提出：
（a）an extension of time for any such delay if completion is or will be delayed under SubClause 84 [Extension of Time for Completion] and
根第84款[竣工时间延长]规定竣工已受延误类延误予延长期
（b）payment of any such Cost which shall be added to the Contract Price
类费应加入合价格予支付
After receiving this further notice the Employer shall proceed in accordance with SubClause 35 [Determinations] to agree or determine these matters
雇收类进步通知应第35款[确定]求事项进行商定确定
175　Intellectual and Industrial Property Rights
知识产权工业产权
In this SubClause infringement means an infringement (or alleged infringement) of any patent registered design copyright trade mark trade name trade secret or other intellectual or industrial property right relating to the Works and claim means a claim (or proceedings pursuing a claim) alleging an infringement
条款中侵权指侵犯（指称侵犯）工程关专利权已登记设计版权商标商号商品名称商业机密知识产权工业产权索赔指指称项侵权索赔（索赔进行诉讼）
Whenever a Party does not give notice to the other Party of any claim within 28 days of receiving the claim the first Party shall be deemed to have waived any right to indemnity under this SubClause
方未收索赔28天方发出关索赔通知时该方应认已放弃根条款规定受保障权利
The Employer shall indemnify and hold the Contractor harmless against and from any claim alleging an infringement which is or was
雇应保障保持承包商免受情况提出指称侵权索赔引起伤害：
（a）an unavoidable result of the Contractor’s compliance with the Employer’s Requirements or
承包商遵雇求造成避免结果
（b）a result of any Works being used by the Employer
雇原工程结果：
（i）for a purpose other than that indicated by or reasonably to be inferred from the Contract or
合中指明根合合理推断事项外目
（ii）in conjunction with any thing not supplied by the Contractor unless such use was disclosed to the Contractor prior to the Base Date or is stated in the Contract
非承包商提供物品联合非项已基准日期前承包商透露合中规定
The Contractor shall indemnify and hold the Employer harmless against and from any other claim which arises out of or in relation to (ⅰ) the Contractor’s design manufacture construction or execution of the Works (ⅱ) the use of Contractor’s Equipment or (ⅲ) the proper use of the Works
承包商应保障保持雇免受事项产生关索赔引出损害：（ⅰ）承包商工程设计制造施工实施（ⅱ）承包商设备（ⅲ）工程正确
If a Party is entitled to be indemnified under this SubClause the indemnifying Party may (at its cost) conduct negotiations for the settlement of the claim and any litigation or arbitration which may arise from it The other Party shall at the request and cost of the indemnifying Party assist in contesting the claim This other Party (and its Personnel) shall not make any admission which might be prejudicial to the indemnifying Party unless the indemnifying Party failed to take over the conduct of any negotiations litigation or arbitration upon being requested to do so by such other Party
果方根条款规定权受保障补偿方（承担费）组织解决索赔谈判引起诉讼仲裁补偿方请求承担费情况方应协助争辩该索赔方（员）应做出损害补偿方承认非补偿方未该方请求接办组织谈判诉讼仲裁事宜
176　Limitation of Liability
责限度
Neither Party shall be liable to the other Party for loss of use of any Works loss of profit loss of any contract or for any indirect or consequential loss or damage which may be suffered by the other Party in connection with the Contract other than under SubClause 164 [Payment on Termination] and SubClause 171 [Indemnities]
根第164款[终止时支付]第171款[保障]规定外方应方工程中损失利润损失合损失方遭受合关间接引发损失损害负责
The total liability of the Contractor to the Employer under or in connection with the Contract other than under SubClause 419 [Electricity Water and Gas] SubClause 420 [Employer’s Equipment and FreeIssue Material] SubClause 171 [Indemnities] and SubClause 175 [Intellectual and Industrial Property Rights] shall not exceed the sum stated in the Particular Conditions or (if a sum is not stated) the Contract Price stated in the Contract Agreement
根第419款[电水燃气]第420款[雇设备免费供应材料]第171款[保障]第175款[知识产权工业产权]规定外承包商根关合雇全部责应超专条件规定总额（果没规定该总额）合协议书中规定合价格
This SubClause shall not limit liability in any case of fraud deliberate default or reckless misconduct by the defaulting Party
款应限制违约方欺骗意违约轻率行等情况责
18　Insurance
保险
181　General Requirements for Insurances
关保险般求
In this Clause insuring Party means for each type of insurance the Party responsible for effecting and maintaining the insurance specified in the relevant SubClause
条中种类型保险应投保方指办理保持相关条款中规定保险负责方
Wherever the Contractor is the insuring Party each insurance shall be effected with insurers and in terms approved by the Employer These terms shall be consistent with any terms agreed by both Parties before they signed the Contract Agreement This agreement of terms shall take precedence over the provisions of this Clause
承包商应投保方时应雇批准条件保险办理项保险条件应双方签定合协议书前协商意条件相致条件协议位应优条项规定
Wherever the Employer is the insuring Party each insurance shall be effected with insurers and in terms consistent with the details annexed to the Particular Conditions
If a policy is required to indemnify joint insured the cover shall apply separately to each insured as though a separate policy had been issued for each of the joint insured If a policy indemnifies additional joint insured namely in addition to the insured specified in this Clause (ⅰ) the Contractor shall act under the policy on behalf of these additional joint insured except that the Employer shall act for Employer’s personnel (ⅱ) additional joint insured shall not be entitled to receive payments directly from the insurer or to have any other direct dealings with the insurer and (ⅲ) the insuring Party shall require all additional joint insured to comply with the conditions stipulated in the policy
果保险单需联合保险提供保障保险赔偿应已联合保险方发出单独保险单样保分施果保单附加联合保提供保障条规定保外附加（ⅰ）雇应代表雇员行动外承包商应代表附加联合保根保险单行动（ⅱ）附加联合保权保险处直接付款保险直接（ⅲ）应投保方应求附加联合保遵守保险单规定条件
Each policy insuring against loss or damage shall provide for payments to be made in the currencies required to rectify the loss or damage Payments received from insurers shall be used for the rectification of the loss or damage
份承保损失损害保险单应修正损失损害需货币进行赔偿保险处收付款应修正损失损害
The relevant insuring Party shall within the respective periods stated in the Particular Conditions (calculated from the Commencement Date) submit to the other Party
关应投保坟应专业条件中规定期限（开工日期算起）方提交：
（a）evidence that the insurances described in this Clause have been effected and
条中述保险已生效证
（b）copies of the policies for the insurances described in SubClause 182 [Insurance of Works and Contractor’s Equipment] and SubClause 183 [Insurance against Injury to Persons and Damage to Property]
第182款［工程承包商设备保险］第183款［员伤害财产损害险］述保险单副
When each premium is paid the insuring Party shall submit evidence of payment to the other Party
项保险费已付时应投保方应方提供支付证
Each Party shall comply with the conditions stipulated in each of the insurance policies The insuring Party shall keep the insurers informed of any relevant changes to the execution of the Works and ensure that insurance is maintained in accordance with this Clause
方应遵守份保险单规定条件应投保方应保持保险时解工程实施中相关变化确保条求维持保险
Neither Party shall make any material alteration to the terms of any insurance without the prior approval of the other Party If an insurer makes (or attempts to make) any alteration the Party first notified by the insurer shall promptly give notice to the other Party
没方事先批准方应保险条件做出实质性变动果保险做出（做出）变动首先收保险通知方应立通知方
If the insuring Party fails to effect and keep in force any of the insurances it is required to effect and maintain under the Contract or fails to provide satisfactory evidence and copies of policies in accordance with this SubClause the other Party may (at its option and without prejudice to any other right or remedy) effect insurance for the relevant coverage and pay the premiums due The insuring Party shall pay the amount of these premiums to the other Party and the Contract Price shall be adjusted accordingly
果应投保方合求办理维持保险未求办保持效未款求提供满意证保险单副方（选择影响权利补偿情况）办理该保险范围保险付应交保险费应投保方应方支付保险费相应调整合价格
Nothing in this Clause limits the obligations liabilities or responsibilities of the Contractor or the Employer under the other terms of the Contract or otherwise Any amounts not insured or not recovered from the insurers shall be borne by the Contractor andor the Employer in accordance with these obligations liabilities or responsibilities However if the insuring Party fails to effect and keep in force an insurance which is available and which it is required to effect and maintain under the Contract and the other Party neither approves the omission nor effects insurance for the coverage relevant to this default any moneys which should have been recoverable under this insurance shall be paid by the insuring Party
条规定限制合余条款文件规定承包商雇义务责职责未保险未保险处收回款项应承包商（）雇义务责职责规定承担果应投保方做合中规定办理保持某项保险未求办保持效方没认项省略没办理项违约关保险范围保险根项保险应收回款额应应投保方支付
Payments by one Party to the other Party shall be subject to SubClause 25 [Employer’s Claims] or SubClause 201[Contractor’s Claims] as applicable
方方支付应适情况根第25款［雇索赔］第201款［承包商索赔］规定办理
182　Insurance for Works and Contractor’s Equipment
工程承包商设备保险
The insuring Party shall insure the Works Plant Materials and Contractor’s Documents for not less than the full reinstatement cost including the costs of demolition removal of debris and professional fees and profit This insurance shall be effective from the date by which the evidence is to be submitted under subparagraph (a) of SubClause 181 [General Requirements for Insurances] until the date of issue of the TakingOver Certificate for the Works
应投保方应工程生产设备材料承包商文件投保保险额低全部复原费包括拆运走废弃物费专业费利润该保险应第181款［关保险般求］（a）项规定提交证日期起颁发工程接收证书日期止保持效
The insuring Party shall maintain this insurance to provide cover until the date of issue of the Performance Certificate for loss or damage for which the Contractor is liable arising from a cause occurring prior to the issued of the TakingOver Certificate and for loss or damage caused by the Contractor or Subcontractor in the course of any other operations (including those under Clause 11 [Defects Liability] and Clause 12 [Tests after Completion])

The insuring Party shall insure the Contractor’s Equipment for not less than the full replacement value including delivery to Site For each item of Contractor’s Equipment the insurance shall be effective while it is being transported to the Site and until it is no longer required as Contractor’s Equipment
应投保方应维持该保险直颁发履约证书日期止期间继续效便承包商应负责颁发接收证书前发生某项原引起损失损害承包商分包商作业（包括根第11条［缺陷责］第12条［竣工试验］规定作业）程中造成损失损害提供应投保方应承包商设备投保保险金额低全部重置价值包括运现场费承包商设备项设备该保险该设备运现场程起直需作承包商设备止期间保持效
Unless otherwise stated in the Particular Conditions insurances under this SubClause
非专条件中规定款规定项保险：
（a）shall be effected and maintained by the Contractor as insuring Party
应承包商作应投保方办理维持
（b）shall be in the joint names of the Parties who shall be jointly entitled to receive payments from the insurers payments being held or allocated between the Parties for the sole purpose of rectifying the loss or damage
应权保险处赔偿方联名投保保险赔偿金方间保分配唯修正损失损害
（c）shall cover all loss and damage from any cause not listed in SubClause 173 [Employer’s Risks]
应未列入第173款［雇风险］列举原造成损失损害提供保险
（d）shall also cover loss or damage from the risks listed in subparagraph (c ) of SubClause 173 [Employer’s Risks] with deductibles per occurrence of not more than the amount stated in the Particular Conditions (if an amount is not so stated this subparagraph ( d ) shall not apply)and
应第173款［雇风险］（c）项中列举风险造成损失损害提供保险次事件免赔额应超专条件中规定数额（果没规定数额（d）项应适）
（e） may however exclude loss of damage to and reinstatement of
包括列部分损失损害复原：
（i）a part of the Works which is in a defective condition due to a defect in its design materials or workmanship (but cover shall include any other parts which are lost or damaged as a direct result of this defective condition and not as described in subparagraph (ⅱ) below)
身设计材料工艺缺陷造成处缺陷状况工程部分（保险应包括属述第（ⅱ）项情况述缺陷状况直接造成损失损害部分）
（ii）a part of the Works which is lost or damaged in order to reinstate any other part of the Works if this other part is in a defective condition due to a defect in its design materials or workmanship
复原设计材料工艺缺陷造成处缺陷状况工程部分遭受损失损害某工程部分
（iii）a part of the Works which has been taken over by the Employer except to the extent that the Contractor is liable for the loss or damage and
雇已接收工程部分承包商损失损害应负责外
（iv）Goods while they are not in the Country subject to SubClause 145 [Plant and Materials intended for the Works]
根第145款［拟工程生产设备材料］规定工程国货物
If more than one year after the Base Date the cover described in subparagraph (d) above ceases to be available at commercially reasonable terms the Contractor shall (as insuring Party) give notice to the Employer with supporting particulars The Employer shall then (ⅰ) be entitled subject to SubClause 25[Employer’s Claims] to payment of an amount equivalent to such commercially reasonable terms as the Contractor should have expected to have paid for such cover and (ⅱ) be deemed unless he obtains the cover at commercially reasonable terms to have approved the omission under SubClause 181[ General
果基准日期年述（d）项述保险合理商务条件继续投保承包商（作应投保方）应通知雇附详细说明时雇（ⅰ）权根第25款［雇索赔］规定获等承包商该合理商务条件该类保险预期支付款额（ⅱ）非商务合理条件获该保险认已根第181款［关保险般求］规定批准项省略Requirements for Insurances]

183　Insurance against Injury to Persons and Damage to Property
身伤害财产损害险
The insuring Party shall insure against each Party’s liability for any loss damage death or bodily injury which may occur to any physical property (except things insured under SubClause 182 [Insurance for Works and Contractor’s Equipment]) or to any person (except persons insured under SubClause 184[Insurance for Contractor’s Personnel]) which may arise out of the Contractor’s performance of the Contract and occurring before the issue of the Performance Certificate
应投保方应承包商履行合引起履约证书颁发前发生物质财产（根第182款［工程承包商设备保险］规定保物品外）损失损害员（根第184款［承包商员保险］规定保员外）死亡伤害办理方责险
This insurance shall be for a limit per occurrence of not less than the amount stated in the Particular Conditions with no limit on the number of occurrences If an amount is not stated in the Contract this SubClause shall not apply
类保险发生次事件保险金限额低专条件中规定数额事件发生次数限果合没规定数额款应适
Unless otherwise stated in the Particular Conditions the insurances specified in this SubClause
非专条件中规定款规定项保险：
（a）shall be effected and maintained by the Contractor as insuring Party
应承包商作应投保方办理维持
（b）shall be in the joint names of the Party
应方联合名义投保
（c）shall be extended to cover liability for all loss and damage to the Employer’s property (except things insured under SubClause 182) arising out of the Contractor’s performance of the Contract and
保险范围应扩展承包商履行合引起雇财产（根第182款规定保物品外）损失损害责
（c）may however exclude liability to the extent that it arises from
包括事项引起责：
（i）the Employer’s right to have the Permanent Works executed on over under in or through any land and to occupy this land for the Permanent Works
雇土面方面范围穿实施永久工程永久工程占该土权利
（ii）damage which is an unavoidable result of the Contractor’s obligations to execute the Works and remedy any defects and
承包商实施工程修补缺陷义务造成避免损害
（iii）a cause listed in SubClause 173[Employer’s Risks] Except to the extent that cover is available at commercially reasonable terms
第173款［雇风险］列举某项原合理商务条件保险范围外
184　Insurance for Contractor’s Personnel
承包商员保险
The Contractor shall effect and maintain insurance against liability for claims damages losses and expenses (including legal fees and expenses ) arising from injury sickness disease or death of any person employed by the Contractor or any other of the Contractor’s Personnel
承包商应承包商雇员承包商员伤害患病疾病死亡引起索赔损害赔偿费损失开支（包括法律费开支）责办理维持保险
The Employer shall also be indemnified under the policy of insurance except that this insurance may exclude losses and claims to the extent that they arise from any act or neglect of the Employer or of the Employer’s Personnel
该保险包括雇雇员行疏忽引起损失索赔情况外雇应该项保险单保障
The insurance shall be maintained in full force and effect during the whole time that these personnel are assisting in the execution of the Works For a Subcontractor’s employees the insurance may be effected by the Subcontractor but the Contractor shall be responsible for compliance with this Clause
类保险应员参加工程实施整期间保持全面实施效分包商雇员类保险分包商投保承包商应符合条规定负责
19　Force Majeure
抗力
191　Definition of Force Majeure
抗力定义
In this Clause Force Majeure means an exceptional event or circumstance
条中抗力系指某种异常事件情况：
（a）which is beyond a Party’s control
方法控制
（b）which such Party could not reasonably have provided against before entering into the Contract
该方签订合前进行合理准备
（c）Which having arisen such Party could not reasonably have avoided or overcome and
发生该方合理避免克服
（d）which is not substantially attributable to the other Party
方
Force Majeure may include but is not limited to exceptional events or circumstances of the kind listed below so long as conditions (a) to (d) above are satisfied
满足述（a）（d）项条件抗力包括限列种异常事件情况：
（i）war hostilities (whether war be declared or not) invasion act of foreign enemies
战争敌行动（宣战否）入侵外敌行
（ii）rebellion terrorism revolution insurrection military or usurped power or civil war
判乱恐怖义革命暴动军事政变篡夺政权战
（iii）riot commotion disorder strike or lockout by persons other than the Contractor’s Personnel and other employees of the Contractor and Subcontractors
承包商员承包商分包商雇员外员骚动喧闹混乱罢工停工
（iv）munitions of war explosive materials ionising radiation or contamination by radioactivity except as may be attributable to the Contractor’s use of such munitions explosives radiation or radioactivity and
战争军火爆炸物资电离辐射放射性污染承包商类军火炸药辐射放射性引起外
（v）natural catastrophes such as earthquake hurricane typhoon or volcanic activity
然灾害震飓风台风火山活动
192　Notice of Force Majeure
抗力通知
If a Party is or will be prevented from performing any of its obligations under the Contract by Force Majeure then it shall give notice to the other Party of the event or circumstances constituting the Force Majeure and shall specify the obligations the performance of which is or will be prevented The notice shall be given within 14 days after the Party became aware or should have become aware of the relevant event or circumstance constituting Force Majeure
果方抗力履行合规定义务已受阻碍应方发出关构成抗力事件情况通知应明确说明履行已受阻碍项义务项通知应该方察觉应已察觉构成抗力关事件情况14天发出
The Party shall having given notice be excused performance of such obligations for so long as such Force Majeure prevents it from performing them
发出通知该方应该抗力阻碍履行义务期免履行该义务
Notwithstanding any other provision of this Clause Force Majeure shall not apply to obligations of either Party to make payments to the other Party under the Contract
条规定抗力规定应施方根合方支付义务
193　Duty to Minimise Delay
延误减义务
Each Party shall at all times use all reasonable endeavours to minimise any delay in the performance of the Contract as a result of Force Majeure
方应始终合理努力抗力履行合造成延误减
A Party shall give notice to the other Party when it ceases to be affected by the Force Majeure
方受抗力影响时应方发出通知
194　Consequences of Force Majeure
抗力果
If the Contractor is prevented from performing any of his obligations under the Contract by Force Majeure of which notice has been given under SubClause 192 [Notice of Force Majeure] and suffers delay andor incurs Cost by reason of such Force Majeure the Contractor shall be entitled subject to SubClause 201[Contractor’s Claims] to
果承包商已根第192款[抗力通知]规定发出通知抗力妨碍履行合规定义务遭受延误（）招致增加费承包商应权根第201款[承包商索赔]规定提出：
（a）an extension of time for any such delay if completion is or will be delayed under SubClause 84[Extension of Time for Completion] and
根第84款[竣工时间延长]规定果竣工已受延误类延误予延长期
（b）if the event or circumstance is of the kind described in subparagraphs(ⅰ) to (ⅳ) of SubClause 191 [Definition of Force Majeure] and in the case of subparagraphs (ⅱ) to (ⅳ) occurs in the Country payment of any such Cost
果第191款[抗力定义]中第（ⅰ）（ⅳ）目述事件情况第（ⅱ）（ⅵ）目述事件情况发生工程国类费予支付
After receiving this notice the Employer shall proceed in accordance with SubClause 35[Determinations] to agree or determine these matters
雇收通知应第35款[确定]求事项进行商定确定
195　Force Majeure Affecting Subcontractor
抗力影响分包商
If any Subcontractor is entitled under any contract or agreement relating to the Works to relief from force majeure on terms additional to or broader than those specified in this Clause such additional or broader force majeure events or circumstances shall not excuse the Contractor’s nonperformance or entitle him to relief under this Clause
果分包商根关工程合协议权较条规定更更广泛范围抗力免某义务类更更广抗力事件情况应成承包商履约口权根条规定免义务
196　Optional Termination Payment and Release
选择终止支付解
If the execution of substantially all the Works in progress is prevented for a continuous period of 84 days by reason of Force Majeure of which notice has been given under SubClause 192[Notice of Force Majeure] or for multiple periods which total more than 140 days due to the same notified Force Majeure then either Party may give to the other Party a notice of termination of the Contract In this event the termination shall take effect 7 days after the notice is given and the Contractor shall proceed in accordance with SubClause 163 [ Cessation of Work and Removal of Contractor’s Equipment]
果已根第192款［抗力通知］规定发出通知抗力基全部进展中工程实施受阻碍已连续84天通知抗力断续阻碍期间累计140天方方发出终止合通知情况终止应该通知发出7天生效承包商应第163款［停止工作承包商设备撤离］规定进行
Upon such termination the Employer shall pay to the Contractor
类终止情况雇应承包商支付：
（a）the amounts payable for any work carried out for which a price is stated in the Contract
已完成合中价格规定工作应付金额
（b）the Cost of Plant and Materials ordered for the Works which have been delivered to the Contractor or of which the Contractor is liable to accept delivery this Plant and Materials shall become the property of (and be at the risk of ) the Employer when paid for by the Employer and the Contractor shall place the same at the Employer’s disposal
工程订购已交付承包商承包商责接受交付生产设备材料费雇支付述费项生产设备材料应成雇财产（风险承担）承包商应交雇处理
（c）any other Cost or liability which in the circumstances was reasonably incurred by the Contractor in the expectation of completing the Works
承包商原预期完成工程情况合理费债务
（d）the Cost of removal of Temporary Works and Contractor’s Equipment from the Site and the return of these items to the Contractor’s works in his country (or to any other destination at no greater cost) and
时工程承包商设备撤离现场运回承包商国工作点费（运目费超）
（e）the Cost of repatriation of the Contractor’s staff and labour employed wholly in connection with the Works at the date of termination
终止日期时完全工程雇承包商员工遣返回国费
197　Release from Performance under the Law
根法律解履约
Notwithstanding any other provision of this Clause if any event or circumstance outside the control of the Parties (including but not limited to Force Majeure) arises which makes it impossible or unlawful for either or both Parties to fulfil its or their contractual obligations or which under the law governing the Contract entitles the Parties to be released from further performance of the Contract then upon notice by either Party to the other Party of such event or circumstance
条规定果发生方控制事件情况（包括担限抗力）方双方完成合义务成非法根理合法律规定方权解进步履行合义务根方方事件情况发出通知：
（a）the Parties shall be discharged from further performance without prejudice to the rights of either Party in respect of any previous breach of the Contract and
双方应解进步履约义务影响方违反合事项权利
（b）the sum payable by the Employer to the Contractor shall be the same as would have been payable under SubClause 196[ Optional Termination Payment and Release] if the Contract had been terminated under SubClause 196
雇应支付承包商款额应等已根第196款［选择终止支付解］规定终止合该款规定应予支付款额
20　Claims Disputes and Arbitration
索赔争端仲裁
201　Contractor’s Claims
承包商索赔
If the Contractor considers himself to be entitled to any extension of the Time for Completion andor any additional payment under any Clause of these Conditions or otherwise in connection with the Contract the Contractor shall give notice to the Employer describing the event or circumstance giving rise to the claim The notice shall be given as soon as practicable and not later than 28 days after the Contractor became aware or should have become aware of the event or circumstance
果承包商认根条件条款合关文件权竣工时间延长期（）追加付款承包商应雇发出通知说明引起索赔事件情况该通知应快承包商察觉应已察觉该事件情况28天发出
If the Contractor fails to give notice of a claim within such period of 28 days the Time for Completion shall not be extended the Contractor shall not be entitled to additional payment and the Employer shall be discharged from all liability in connection with the claim Otherwise the following provisions of this SubClause shall apply
果承包商未述28天期限发出索赔通知竣工时间延长承包商应权获追加付款雇应危险关该索赔全部责果承包商时发出索赔通知应适款规定
The Contractor shall also submit any other notices which are required by the Contract and supporting particulars for the claim all as relevant to such event or circumstance
承包商应提交关该事件情况合求通知支持索赔详细资料
The Contractor shall keep such contemporary records as may be necessary to substantiate any claim either on the Site or at another location acceptable to the Employer Without admitting liability the Employer may after receiving any notice under this SubClause monitor the recordkeeping andor instruct the Contractor to keep further contemporary records The Contractor shall permit the Employer to inspect all these records and shall (if instructed) submit copies to the Employer
承包商应现场雇认外点保持证明索赔需类期记录雇收根款发出通知未承认责前检查记录保持情况指示承包商保持进步期记录承包商应允许雇检查记录应雇（指示求）提供复印件
Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim or within such other period as may be proposed by the Contractor and approved by the Employer the Contractor shall send to the Employer a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time andor additional payment claimed If the event or circumstance giving rise to the claim has a continuing effect
承包商觉察（应已觉察）引起索赔事件情况42天承包商建议雇认期限承包商应雇递交份充分详细索赔报告包括索赔求延长时间（）追加付款全部详细资料果引起索赔事件情况具连续影响：
（a）this fully detailed claim shall be considered as interim
述充分详细索赔报告应视中间：
（b）the Contractor shall send further interim claims at monthly intervals giving the accumulated delay andor amount claimed and such further particulars as the Employer may reasonably require and
承包商应月雇递交进步中间索赔报告说明累计索赔延误时间（）金额雇合理求类进步详细资料
（c）the Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance or within such other period as may be proposed by the Contractor and approved by the Employer
承包商应引起索赔事件情况产生影响结束28天承包商建议雇认类期限递交份终索赔报告
Within 42 days after receiving a claim or any further particulars supporting a previous claim or within such other period as may be proposed by the Employer and approved by the Contractor the Employer shall respond with approval or with disapproval and detailed comments He may also request any necessary further particulars but shall nevertheless give his response on the principles of the claim within such time
雇收索赔报告索赔进步证明资料42天雇建议承包商认期限做出回应表示批准批准附具体意见求必需进步资料述时间索赔原做出回应
Each interim payment shall include such amounts for any claim as have been reasonably substantiated as due under the relevant provision of the Contract Unless and until the particulars supplied are sufficient to substantiate the whole of the claim the Contractor shall only be entitled to payment for such part of the claim as he has been able to substantiate
次中付款应包括已根合关规定合理证明索赔应付款额非直提供详细资料足证明索赔全部求前承包商权索赔中已证明部分
The Employer shall proceed in accordance with SubClause 35 [Determinations ] to agree or determine (ⅰ) the extension (if any ) of the Time for Completion (before or after its expiry) in accordance with SubClause 84[Extension of Time for Completion] andor (ⅱ)the additional payment (if any) to which the Contractor is entitled under the Contract
雇应第35款［确定］求事项商定确定：（ⅰ）根第84款［竣工时间延长］规定应予竣工时间（期满前）延长期（果）（）（ⅱ）根合承包商权追加付款（果）
The requirements of this SubClause are in addition to those of any other SubClause which may apply to a claim If the Contractor fails to comply with this or another SubClause in relation to any claim any extension of time andor additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim unless the claim is excluded under the second paragraph of this SubClause
款项求适索赔条款追加求果承包商未达款关索赔条款求非该索赔根款第二段规定拒绝予延长期（）追加付款应考虑承包商项未达求索赔彻底调查造成阻碍影响（果）程度
202　Appointment of the Dispute Adjudication Board
争端裁决委员会命
Disputes shall be adjudicated by a DAB in accordance with SubClause 201 [Obtaining Dispute Adjudication Board’s Decision] The Parties shall jointly appoint a DAB by the date 28 days after a Party gives notice to the other Party of its intention to refer a dispute to a dispute to a DAB in accordance with SubClause 204
争端应第204款[取争端委员会决定]规定争端裁决委员会（简称DAB）裁决双方应方方发出通知提出第204款争端提交DAB意28天联合命DAB
The DAB shall comprise as stated in the Particular conditions either one or three suitably qualified persons (the members) If the number is not so stated and the Parties do not agree otherwise the DAB shall comprise three persons
DAB应专条件中规定具适资格名三名员（成员）组成果委员会数没规定双方没外协议DAB应三组成
If the DAB is to comprise three persons each Party shall nominate one member for the approval of the other Party The Parties shall consult both these members and shall agree upon the third member who shall be appointed to act as chairman
果DAB三组成方均应推荐报方认双方应成员协商商定第三名成员应命席
However if a list of potential members is included in the Contract the members shall be selected from those on the list other than anyone who is unable or unwilling to accept appointment to the DAB
果合中包括备选成员名单愿接受DAB命外成员应名单员选择
The agreement between the Parties and either the sole member (adjudicator) or each of the three members shall incorporate by reference the General Conditions of Dispute Adjudication Agreement contained in the Appendix to these General Conditions with such amendments as are agreed between them
双方该唯成员（裁决）该三成员间协议书应参考通条件附录争端裁决协议书般条件结合间商定类修订意见拟订
The terms of the remuneration of either the sole member or each of the three members shall be mutually agreed upon by the Parties when agreeing the terms of appointment Each Party shall be responsible for paying onehalf of this remuneration
该唯成员三成员中报酬条件应双方协商命条件时商定方应负担述报酬半
If at any time the Parties so agree they may appoint a suitably qualified person or persons to replace any one or more members of the DAB Unless the Parties agree otherwise the appointment will come into effect if a member declines to act or is unable to act as a result of death disability resignation or termination of appointment The replacement shall be appointed in the same manner as the replaced person was required to have been nominated or agreed upon as described in this SubClause
果双方意时候命位位适资格员代DAB位位成员非双方协议某成员拒绝履行职责死亡行力辞职命期满履行职责时述代命告生效代命应条款述代提名商定时需样方式进行
The appointment of any member may be terminated by mutual agreement of both Parties but not by the Employer or the Contractor acting alone Unless otherwise agreed by both Parties the appointment of the DAB (including each member) shall expire when the DAB has given its decision on the dispute referred to it under SubClause 204 unless other disputes have been referred to the DAB by that time under SubClause 204 in which event the relevant date shall be when the DAB has also given decisions on those disputes
成员命双方相互协议终止雇承包商单独采取行动非双方协议DAB（包括位成员）命应DAB已根第204款提交争端做出决定时期满非时争端根第204款提交DAB情况相应期满日期应DAB争端做出决定时
203　Failure to Agreement Dispute Adjudication Board
争端裁决委员会未取致时
If any of the following conditions apply namely
果列情况适：
（a）the Parties fail to agree upon the appointment of the sole member of the DAB by the date stated in the first paragraph of SubClause 202
第202款第段规定日期双方未DAB唯成员命达成致意见
（b）either Party fails to nominate a member (for approval by the other Party) of a DAB of three persons by such date
该日期方未提名DAB三成员中（供方认）
（c）the Parties fail to agree upon the appointment of the third member (to act as chairman) of the DAB by such date or
该日期双方未DAB第三位成员（担席）命达成致意见
（d）the Parties fail to agree upon the appointment of a replacement person within 42 days after the date on which the sole member or one of the three members declines to act or is unable to act as a result of death disability resignation or termination of appointment
唯成员三成员中拒绝履行职责死亡行力辞职命期满履行职责42天双方未命名代员达成致意见
then the appointing entity or official named in the Particular Conditions shall upon the request of either or both of the Parties and after due consultation with both Parties appoint this member of the DAB This appointment shall be final and conclusive Each Party shall be responsible for paying onehalf of the remuneration of the appointing entity or official
时专条件中指名命实体职员应方双方请求双方做应协商命DAB该成员项命应终决定性方应负责支付该指定实体官员报酬半
204　Obtaining Dispute Adjudication Board’s Decision
取争端裁决委员会决定
If a dispute (of any kind whatsoever) arises between the Parties in connection with or arising out of the Contract or the execution of the Works including any dispute as to any certificate determination instruction opinion or valuation of the Employer then after a DAB has been appointed pursuant to SubClause 202 [Appointment of the DAB] and 203[Failure to Agree DAB] either Party may refer the dispute in writing to the DAB for its decision with a copy to the other Party Such reference shall state that it is given under this SubClause
果双方间发生关起合格工程实施争端（种类）包括雇证明确定指示意见估价争端已第202款[争端裁决委员会命]第203款[争端裁决委员会未取致]规定命DAB方该争端事项书面形式提交DAB副送方委托DAB做出裁定项委托应说明根款规定做出
For a DAB of three persons the DAB shall be deemed to have received such reference on the date when it is received by the chairman of the DAB
3DAB该DAB应认席收委托日期已收该项委托
Both Parties shall promptly make available to the DAB all information access to the Site and appropriate facilities as the DAB may require for the purposes of making a decision on such dispute The DAB shall be deemed to be not acting as arbitrator(s)
双方应立DAB提供DAB该争端做出决定需资料现场进入权相应设施DAB应认进行仲裁工作
Within 84 days after receiving such reference or the advance payment referred to in Clause 6 of the AppendixGeneral Conditions of the Dispute Adjudication Agreement whichever date is later or within such other period as may be proposed by the DAB and approved by both Parties the DAB shall give its decision which shall be reasoned and shall state that it is given under this SubClause However if neither of the Parties has paid in full the invoices submitted by each Member pursuant to Clause 6 of the Appendix the DAB shall not be obliged to give its decision until such invoices have been paid in full The decision shall be binding on both Parties who shall promptly give effect to it unless and until it shall be revised in an amicable settlement or an arbitral award as described below Unless the Contract has already been abandoned repudiated or terminated the Contractor shall continue to proceed with the Works in accordance with the Contract
DAB应收项委托附录——争端裁决协议书般条件第6条中提预付款额二者中较晚日期84天DAB建议双方认类期限提出决定决定应理说明根款规定提出果方未未成员附录第6条规定提交发票全部付清直该发票全部付清前DAB应权提交决定决定应双方具约束力双方应立遵执行非直文述决定友解决仲裁裁决中应做出修改非合已放弃拒绝终止承包商应继续合进行工程
If either Party is dissatisfied with the DAB’s decision then either Party may within 28 days after receiving the decision give notice to the other Party of its dissatisfaction If the DAB fails to give its decision within the period of 84 days (or as otherwise approved) after receiving such reference or such payment then either Party may within 28 days after this period has expired give notice to the other Party of its dissatisfaction
果方DAB决定满意收该决定通知28天满方发出通知果DAB未收项委托项付款84天（认）期限提出决定方该期限期满28天方发出满通知
In either event this notice of dissatisfaction shall state that it is given under this SubClause and shall set out the matter in dispute and the reason(s) for dissatisfaction Except as stated in SubClause 207[Failure to Comply with Dispute Adjudication Board’s Decision] and SubClause 208[Expiry of Dispute Adjudication Board’s Appointment] neither Party shall be entitled to commence arbitration of a dispute unless a notice of dissatisfaction has been given in accordance with this SubClause
述情况表示满通知应说明根款规定发出应说明争端事项满理第207款[未遵守争端裁决委员会决定]第208款[争端裁决委员会命期满]述情况外非已款规定发出表示满通知方权着手争端仲裁
If the DAB has given its decision as to a matter in dispute to both Parties and no notice of dissatisfaction has been given by either Party within 28 days after it received the DAB’s decision then the decision shall become final and binding upon both Parties
果DAB已争端事项双方提交决定方收DAB决定28天均未发出表示满通知该决定应作终双方均约束力
205　Amicable Settlement
友解决
Where notice of dissatisfaction has been given under SubClause 204 above both Parties shall attempt to settle the dispute amicably before the commencement of arbitration However unless both Parties agree otherwise arbitration may be commenced on or after the fiftysixth day after the on which notice of dissatisfaction was given even if no attempt at amicable settlement has been made
果已述第204款发出表示满通知双方应着手仲裁前努力友方式解决争端非双方协议仲裁表示满通知发出第56天着手进行未做友解决努力
206　Arbitration
仲裁
Unless settled amicably any dispute in respect of which the DAB’s decision (if any) has not become final and binding shall be finally settled by international arbitration Unless otherwise agreed by both Parties
DAB做出决定（果）未成终约束力争端非已获友解决应通国际仲裁作出终裁决非双方协议：
（a）the dispute shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce
争端应根国际商会仲裁规终解决
（b）the dispute shall be settled by three arbitrators appointed in accordance with these Rules and
争端应述规命三位仲裁负责解决
（c）the arbitration shall be conducted in the language for communications defined in SubClause 14[Law and Language]
仲裁应第14款[法律语言]规定交流语言进行
The arbitrator(s) shall have full power to open up review and revise any certificate determination instruction opinion or valuation of (or on behalf of ) the Employer and any decision of the DAB relevant to the dispute
仲裁应权公开审查修改该争端关雇（代表）发出证书确定指示意见估价DAB决定
Neither Party shall be limited in the proceedings before the arbitrator(s) to the evidence or arguments previously put before the DAB to obtain its decision or to the reasons for dissatisfaction given in its notice of dissatisfaction Any decision of the DAB shall be admissible in evidence in the arbitration
方仲裁面前诉讼中应受前获DAB决定提供证表示满通知中提出满意理限制DAB决定应作仲裁中证
Arbitration may be commenced prior to or after completion of the Works The obligations of the Parties and the DAB shall not altered by reason of any arbitration being conducted during the progress of the Works
仲裁工程竣工前竣工着手进行双方DAB义务工程进行程中正进行仲裁改变
207　Failure to Comply with Dispute Adjudication Board’s Decision
未遵守争端裁决委员会决定
In the event that
情况：
（a）neither Party has given notice of dissatisfaction within the period stated in SubClause 204[Obtaining Dispute Adjudication Board’s Decision]
方第204款[取争端裁决委员会决定]中规定期限均未发出表示满通知
（b）the DAB’s related decision (if any) has become final and binding and
DAB关决定（果）已成终约束力
（c）a Party fails to comply with this decision
方未遵守述决定
then the other Party may without prejudice to any other rights it may have refer the failure itself to arbitration under SubClause 206 [Arbitration] SubClause 204[Obtaining Dispute Adjudication Board’s Decision] and SubClause 205[Amicable Settlement] shall not apply to this reference
时方损害拥权利情况根第206款[仲裁]规定述未遵守决定事项提交仲裁情况第204款[取争端裁决委员会决定]第205款[友解决]规定应适
208　Expiry of Dispute Adjudication Board’s Appointment
争端裁决委员会命期满
If a dispute arises between the Parties in connection with or arising out of the Contract or the execution of the Works and there is no DAB in place whether by reason of the expiry of the DAB’s appointment or otherwise
果双方间合工程实施相关引起问题产生争端DAB命期满原没DAB进行工作：
（a）SubClause 204 [Obtaining Dispute Adjudication Board’s Decision] and SubClause 205[Amicable Settlement] shall not apply and
第204款[取争端裁决委员会决定]第205款[友解决]规定应适
（b）The dispute may be referred directly to arbitration under SubClause 206[Arbitration]
项争端根第206款[仲裁]规定直接提交仲裁


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