2025年fidic土木工程施工合同红皮书1999年英文版.doc

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FEDRATION INTERNATIONAL DES INGENIEURS-CONSEILS
CONDITIONS OF CONTRACT FOR WORKS OF CIVIL ENGINEERING CONSTRUCTION
PART I GENERAL CONDITIONS
WITH FORMS OF TENDER AND AGREEMENT
FOURTH EDITION 1987
Reprinted 1988 with editorial amendments
Reprinted 1992 with further amendments
FOREWORD
The terms of Fourth Edition of the Conditions of Contract for works of Civil Eengineering construction have been prepared by the Federation International des Ingenieurs Conseils (FIDIC) and are recommended for general use for the purpose of construction of such works where tenders are invited on an international basis. The Conditions, subject to minor modifications, are also suitable for use on domestic contracts.
The version in English of the Conditions is considered by FIDIC as the official and authentic text for the purpose of translation.
In the preparation of the Conditions it was recognised that while there are numerous Clauses which will be generally applicable there are some Clauses which must necessarily vary to take account of the circumstances and locality of the works. The Clauses of general application have been grouped together in this document and are referred to as Part I-General Conditions. They have been printed in a form which will facilitate their inclusion as printed in the contract documents normally prepared.
The General Conditions are linked with the Conditions of Particular Application, referred to as Part II, by the corresponding numbering of the Clauses, so that Part I and II together comprise the Conditions governing the rights and obligations of the parties.
Part II must be specially drafted to suit each individual Contract.
When dredging and certain types of reclamation work are involved special consideration must be given to Part II.
To assist in the preparation of Part II explanatory material and example clauses are published with the Conditions in a separately bound document entitled "Conditions of Contract for Works of Civil Engineering Construction, Part II-Conditions of Particular Application, with Guidelines for preparation of Part II-Clauses, Fourth Edition".
FIDIC has published a "Guide to the Use of FIDIC Conditions of Contract for Works of Civil Engineering Construction" which includes comments on the provisions of the Fourth Edition of the Conditions. Users of the Fourth Edition may find it helpful to refer to this Guide.
It may also be helpful for users to refer to other FIDIC publications, such as:
Tendering Procedure (First Edition 1982) Construction, Insurance and Law (1986)
FIDIC gratefully acknowledges the suggestions and comments it has received during the preparation of this edition from European International Contractors (EIC) as mandatory of this Confederation of International Contractors Associations (CICA) with participation of Associated General Constructors of America (AGC).
CONTENTS
PART I: GENERAL CONDITIONS
Definitions and Interpretation
Definitions
Heading and Marginal Notes
Interpretation
Singular and Plural
Notices, Consents, Approvals Certificates and Determinations
Engineer and Engineer's Representative
Engineer's Duties and Authority
Engineer's Representative
Engineer's Authority to delegate
Appointment and Assistants
Instructions in Writing
Engineer's to Act Impartially
Assignment and Subcontracting
Assignment of Contract
Subcontracting
Assignment of Subcontractors' Obligations
Contract Documents
Language/s and Law
Priority of Contract Documents
Custody and Supply of Drawings and Documents
One Copy of Drawings to be kept on site
Disruption of Progress
Delays and Cost of Delay of Drawings
Failure by Contractor to Submit Drawings
Supplementary Drawings and Instructions
Permanent Works Designed by Contractor
Responsibility Unaffected by Approval
General Obligations
Contractor’s General Responsibilities
Site Operations and Methods of Construction
Contract Agreement
Performance Security
Period of Validity of Performance Security
Claim under Performance Security
Inspection of Site
Sufficiency of Tender
Not Foreseeable Physical Obstructions or Conditions
Work to be in Accordance with Contract
Programme to be Submitted
Revised Programme
Cash Flow Estimate to be Submitted
Contractor not Relieved of Duties or Responsibilities
Contractor's Superintendence
Contractor's Employees
Engineer at Liberty to Object
Setting-out
Boreholes and Exploratory Excavation
Safety, Security and Protection of the Environment
Employer's Responsibilities
Care of Works
Responsibilities to Rectify loss or damage
Loss or Damage Due to Employer's Risks
Employer's Risks
Insurance of Works and Contractor's Equipment
Scope of Cover
Responsibility for amounts not Recovered
Exclusion
Damage to Persons and Property
Exception
Indemnity by Employer
Third Party Insurance (including Employer's Property)
Minimum Amount of Insurance
Cross Liability
Accident or Injury to Workman
Insurance Against Accident to Workman
Evidence and Terms Insurance
Adequacy of Insurance
Remedy on Contractor's Failure to Insure
Compliance with Policy Conditions
Compliance with Statutes, Regulations
Fossils
Patent Rights
Royalties
Interference with Traffic and Adjoining Properties
Avoidance of Damage to Roads
Transport of Contractor's Equipment or Temporary Works
Transport of Materials or Plant
Waterborne Traffic
Opportunities for Other Contractors
Facilities for Other Contractors
Contractor to Keep Site Clear
Clearance of Site Completion
Labour
Engagement of Staff and Labour
Returns of Labour and Contractor's Equipment
Materials, Plant and Workmanship
Quality of Materials, Plant and Workmanship
Cost of Samples
Cost of test
Cost of tests not Provided for
Engineer's Determination where Tests not Provided for
Inspection of Operations
Inspection and Testing
Dates for Inspection and Testing
Rejection
Independent Inspection
Examination of Work before Covering up
Uncovering and Making Openings
Removal of Improper Work, Materials or Plant
Default of Contractor in Compliance
Suspension
Suspension of Work
Engineer's Determination following Suspension
Suspension lasting more than 84 Days
Commencement and Delays
Commencement of Works
Possession of Site and Access Thereto
Failure to Give Possession
Rights of way and Facilities
Time for Completion
Extension of Time for Completion
Contractor to Provide Notification and Detailed Particulars
Interim Determination of Extension
Restriction on Working Hours
Rate of Progress
Liquidated Damages for Delay
Reduction of Liquidated Damages
缺页
Completion of Outstanding Work and Remedying Defects
Cost of Remedying Defects
Contractor's Failure to Carry Out Instructions
Contractor to search
Alterations, Additions and Omissions
Variations
Instructions for Variations
Valuation of Variations
Power of Engineer to Fix Rates
Variations Exceeding 15 per cent
Daywork
Procedure for Claims
Notice of Claims
Contemporary Records
Substantiation of Claims
Failure to Comply
Payment of Claims
Contractor's Equipment, Temporary Works and Materials
Contractor's Equipment, temporary Works and materials;
Exclusive Use for the Works
Employer not able for Damage
Customs Clearance
Re-Export of Contractor's Equipment
Conditions of hire of Contractor's Equipment
Cost for Purpose of Clause 63
Incorporation of Clause in Subcontractor
Approval of Materials not Implied
Measurement
Quantities
Work to be Measured
Method of Measurement
Breakdown of Lump Sum Items
Provisional Sums
Definition of "Provisional Sums"
Use of Provisional Sums
Production of Vouchers
Nominated Subcontractors
Definition of "Nominated Subcontractors"
Nominated Subcontractors; Objection to Nomination
Design Requirements to be Expressly Stated
Payment to Nominated Subcontractors
Certification of Payment to Nominated Subcontractors
Certificates and Payment
Monthly Statements
Monthly Payments
Payment of Retention Money
Correction of Certificates
Statement of Completion
Final Statement
Discharge
Final Payment Certificate
Cessation of Employer's Liability
Time for Payment
Approval only by Defect Liability
Defect Liability Certificate
Unfulfilled Obligation
Remedies
Default of Contractor
Valuation at Date of Termination
Payment for Termination
Assignment of Benefit of Agreement
Urgent Remedial Work
Special Risks
No Liability for Special Risks
Special Risks
Damage to Works by Special Risks
Projectile, Missile
Increased Costs arising from Special Risks
Outbreak of War
Removal of Contractor's Equipment on Termination
Payment if Contract Terminated
Release from Performance
Payment in Event of Release from Performance
Settlement of Disputes
Engineer's Decision
Amicable Settlement
Arbitration
Failure to Comply with Engineer's Decision
Notices
Notice to Contract
Notice to Employer and Engineer
Change of Address
Default of Employer
Default of Employer
Removal of Contractor's Equipment
Payment on Termination
Contractor's Entitlement to Suspend Work
Resumption of Work
Changes in Cost and Legislation
Increase or Decrease of Cost
Subsequent Legislation
Currency and Rates of Exchange
Currency Restrictions
Rates of Exchange
Currency Proportions
Currencies of Provisional Sums REFERENCE TO PART II INDEX
TENDER AGREEMENT
EDITORIAL AMENDMENTS IN 1988
FURTHER AMENDMENTS IN 1992
PART I - GENERAL CONDITIONS
Definitions and Interpretation
Definition In the contract (as hereinafter defined) the following words and expressions shall have the meanings hereby assigned to them, except where the context otherwise requires:
(a) (i) "Employer" means the person named as such in Part II of these
Conditions and the legal successors in title to such person, but not
(except with the consent of Contractor) any assignee of such person.
(ii) "Contractor" means the person whose tender has been accepted by the Employer and the legal successors in title to such person, but not
(except with the consent of the Employer) any assignee of such person.
(iii) "Subcontractor" means any person named in the Co