1、FIDIC General Conditions 红皮书PART I - GENERAL CONDITIONS of CONTRACTDefinitions and Interpretation1.1 DefinitionsIn 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 m
2、eans PHU MY HUNG CORPORATION, a company incorporated and registered at Saigon Parking Way Dist.7 HCMC. Vietnam. (ii) Contractor 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 the Employer) any assig
3、nee of such person. (iii) Subcontractor means any person named in the Contract as a Subcontractor for a part of the Works or any person to whom a part of the Works has been subcontracted with the consent of the Engineer and the legal successors in the title to such person, but not any assignee of an
4、y such person. (iv) Engineer means Sino Pacific Construction Consultant Co,Ltd. appointed by the Employer to act as Project Management for the purposes of the Contract. (v) Engineers Representative means a person appointed from time to time by the Engineer under Sub-Clause 2.2.b. (i) Contract means
5、these Conditions (Parts I and II), the Specification, the Drawings, the Bill of Quantities, the Tender, the Letter of Acceptance, the Contract Agreement (if completed) and such further documents as may be expressly incorporated tin the Letter of Acceptance or Contract Agreement (if completed). (ii)
6、Specification means the specification of the Works included in the Contract and any modification thereof or addition thereto made under Clause 51 or submitted by the Contractor and approved by the Engineer. (iii) Drawings means all drawings, calculations and technical information of a like nature pr
7、ovided by the Engineer to the Contractor under the Contract and all drawing, calculations, samples, patterns, models, operation and maintenance manuals and other technical information of a like nature submitted by the Contractor and approved by the Engineer. (iv) Bill of Quantities means the priced
8、and completed bill of quantities forming part of the Tender. (v) Tender means the Contractors priced offer to the Employer for the execution and completion of the Works and the remedying of any defects therein accordance with the provisions of the Contract, as accepted by the Letter of Acceptance. (
9、vi) Letter of Acceptance means the formal acceptance by the Employer of the Tender. (vii) Contract Agreement means the contract agreement (if any) referred to in Sub-Clause 9.1. (viii) Appendix to Tender means the appendix comprised in the form of Tender annexed to these Conditions.c. (i) Commenceme
10、nt Date means the date upon which the Contractor receives the notice to commence issued by the Engineer pursuant to Clause 41. (ii) Time for Completion means the time for completing the execution of and passing the Tests on Completion of the Works or any Section or part thereof as stated in the Cont
11、ract (or as extended under Clause 44) calculated from the Commencement Date.d. (i) Tests on Completion means the tests specified in the Contract or otherwise agreed by the Engineer and the Contractor which are to be made by the Contractor before the Works or any Section or part thereof are taken ove
12、r by the Employer. (ii) Taking-Over Certificate means as certificate issued pursuant to Clause 48.e. (i) Contract Price means the sum stated in the Letter of Acceptance as payable to the Contractor for the execution and completion of the Works and the remedying of any defects therein accordance with
13、 the provisions of the Contract. (ii) Retention Money means the aggregate of all monies retained by the Employer pursuant to Sub-Clause 60.2(a).f. (i) Works means the permanent Works and the Temporary Works or either of them as appropriate. (ii) Permanent Works means the permanent works to be execut
14、ed (including Plant) in accordance with the Contract. (iii) Temporary Works means all temporary works of every kind (other than Contractors Equipment) required in or about the execution and completion of the Works and the remedying of any defects therein. (iv) Plant means machinery, apparatus and th
15、e like intended to form of forming part of the permanent Works. (v) Contractors Equipment means all appliances and things of whatsoever nature (other than Temporary Works) required for the execution and completion of the Works and the remedying of any defects therein, but does not include Plant, mat
16、erials or other things intended to form or forming part of the Permanent Works. (vi) Section means a part of the Works specifically identified in the Contract as a Section. (vii) Site means the places provided by the Employer where the Works are to be executed and any other places as may be specific
17、ally designated in the Contract as forming part of the Site.g. (i) Cost means all expenditure properly incurred or to be incurred, whether on or off the Site, including overhead and other charges properly allocable thereto but does not include any allowance for profit. (ii) Day means calendar day. (
18、iii) Foreign currency means a currency of a country other than that in which the Works are to be located. (iv) Writing means any hand-written, type-written, or printed communication, including telex, cable and facsimile transmission.1.2 Headings and Marginal NotesThe headings and marginal notes in t
19、hese Condition shall not be deemed part thereof or be taken into consideration in the interpretation or construction thereof or of the Contract.1.3 InterpretationWords importing persons or parties shall include firms and corporations and any organization having legal capacity.1.4 Singular and Plural
20、Words importing the singular only also include the plural and vice versa where the context requires.1.5 Notices, Consents, Approvals, Certificates and DeterminationsWherever in the Contract provision is made for the giving or issue of any notice, consent, approval, certificate or determination by an
21、y person, unless otherwise specified such notice, consent, approval, certificate or determination shall be in writing and the words notify, certify or determine shall be construed accordingly. Any such consent, approval, certificate or determination shall not unreasonably be withheld or delayed.Engi
22、neer and Engineers Representative2.1 Engineers Duties and Authoritya.The Engineer shall carry out the duties specified in the Contract.b.The Engineer may exercise the authority specified in or necessarily to be implied from the Contract, provided, however, that if the Engineer is required, under the
23、 terms of his appointment by the Employer, to obtain the specific approval of the Employer before exercising any such authority, particulars of such requirements shall be set out in Part II of these Conditions. Provided further that any requisite approval shall be deemed to have been given by the Em
24、ployer for any such authority exercised by the Engineer.c.Except as expressly stated in the Contract, the Engineer shall have no authority to relieve the Contractor of any of his obligations under the Contract.2.2 Engineers RepresentativeThe Engineers Representative shall be appointed by and be resp
25、onsible to the Engineer and shall carry out such duties and exercise such authority as may be delegate to him by the Engineer under Sub-Clause 2.3.2.3 Engineers Authority to DelegateThe Engineer may from time to time delegate to the Engineers Representative any of the duties and authorities vested i
26、n the Engineer and he may at any time revoke such delegation. Any such delegation or revocation shall be in writing and shall not take effect until a copy thereof has been delivered to the Employer and the Contractor.Any communication given by the Engineers Representative to the Contractor in accord
27、ance with such delegation shall have the same effect as though it has been given by the Engineer. provided that :d.Any failure of the Engineers Representative to disapprove any work, materials or Plant shall not prejudice the authority of the Engineer to disapprove such works, materials or Plant and
28、 to give instructions for the rectification thereof;e.If the Contractor questions any communication of the Engineers Representative he may refer the matter to the Engineer who shall confirm, reverses or vary the contents of such communication.2.4 Appointment of AssistantsThe Engineer or the Engineer
29、s representative may appoint any number of person to assist the Engineers Representative in the carrying out of his duties under Sub-Clause 2.2. He shall notify to the Contractor the names, duties and scope of authority of such person. Such assistants shall have no authority to issue any instruction
30、s to the Contractor save in so far as such instructions may be necessary to enable them carry out their duties and to secure their acceptance of materials, Plant or workmanship as being in accordance with the Contract, and any instructions given by any of them for those purposes shall be deemed to h
31、ave been given by the Engineers representative.2.5 Instructions in WritingInstructions given by the Engineer shall be in writing, provided that if for any reason the Engineer considers it necessary to give any such instruction orally, the Contractor shall comply with such instruction. Confirmation i
32、n writing of such oral instruction given by the Engineer, whether before or after the carrying out of the instruction, shall be deemed to be an instruction within the meaning of this Sub-Clause. Provided further that if the Contractor, within 7 days, confirms in writing to the Engineer any oral instruction of the Engineer and such confirmation is not contradicted in writing within 7 days by the Engineer, it shall be deemed to be an instruction of the Engineer.The provisions of this Sub-Clause
