首页 -- 精彩范文 -- 精彩范文 -- ［中英对照］国际土木建筑工程承包合同（４）

---

［中英对照］国际土木建筑工程承包合同（４）

Date:2009-3-24


Article 41 Safety, Security and Protection of the Environment

　　 41.1 The Contractor shall, throughout the execution and completion of the Works and the remedying of any defects therein:

　　 (a) have full regard for the safety of all persons entitled to be upon the Site and keep the Site (so far as the same is under his control) and the Works (so far as the same are not completed or occupied by the Employer) in an orderly state appropriate to the avoidance of danger to such persons and

　　 (b) Provide and maintain at his own cost all lights, guards fencing, warning signs and watching, when and where necessary or required by the Engineer or by any duly constituted authority, for the protection of the Works or for the safety and convenience of the public or others, and

　　 (c) take all reasonable steps to protect the environment on and off the Site and to avoid damage or nuisance to persons or to property of the public or others resulting from pollution, noise or other causes arising as a consequence of his methods of operation.

Article 42 Employer's Responsibilities

　　 42.1 If under Clause 66 the Employer shall carry out work on the Site with his own workmen he shall, in respect of such works:

　　 (a) have full regard to the safety of all persons entitled to the upon the Site, and

　　 (b) keep the Site in an orderly state appropriate to the avoidance of danger to such persons.

　　 42.2 If under Clause 66 the Employer shall employ other contractors on the Site he shall require them to have the same regard for safety and avoidance of danger.

Article 43 Care of Works

　　 43.1 The Contractor shall take full responsibility for the care of the Works and materials and Plant for incorporation therein from the Commencement Date until the date of issue of the Taking-over Certificate for the whole of the Works, when the responsibility for the said care shall pass to the Employer. Provided that:

　　 (a) if the Engineer issues a Taking-Certificate for and Section or part of the Permanent Works the Contractor shall cease to be liable for the care of the Section or part from the date of issue of the Taking-Over Certificate, when the responsibility for the care of the Section or part shall pass to the Employer, and

　　 (b) the Contractor shall take full responsibility for the care of any outstanding Works and materials and Plant for incorporation therein which he undertakes to finish during the Defects Liability Period until such outstanding Works have been completed pursuant to Clause 82.

Article 44 Responsibility to Rectify Loss of Damage

　　 44.1 If any loss or damage happens to the Works, or any part thereof, or materials or Plant for incorporation therein, during the period for which the Contractor is responsible for the care thereof, from any cause whatsoever, other than the risks defined in Clause 46.1, the Contractor shall, at his own cost, rectify such loss or damage so that the Permanent Works conform in every respect with the provisions of the Contract to the satisfaction of the Engineer. The Contractor shall also be liable for any loss or damage to the Works occasioned by him in the course of any operations carried out by him for the purpose of complying with his obligations under Clause 82.

Article 45 Loss or Damage Due to Employer's Risks

　　 45.1 In the event of any such loss or damage happening from any of the risks delined in Clause 46.1, or in combination with other risks, the Contractor shall, if and to the extent required by the Engineer, rectify the loss or damage and the Engineer shall determine an addition to the Contract Price in accordance with Clause 84 and shall notify the Contractor accordingly, with a copy to the Employer, In the case of a combination of risks causing loss or damage any such determination shall take into account the proportional responsibility of the Contractor and the Employer.

　　 Article 46 Employer's Risks

46.1 The Employer's risks are:

　　 (a) war, hostilities (whether war be declared or not), invasion, as of foreign enemies,

　　 (b) rebellion, revolution, insurrection, or military or usurped power, or civil war,

　　 (c) ionizing radiations, or contamination by radio-activity from any nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.

　　 (d) pressure waves caused by aircraft or other aerial devices traveling at sonic or supersonic speeds,

　　 (e) riot, commotion or disorder, unless solely restricted to employees of the Contractor or of his Subcontractors and arising from the conduct of the Works,

　　 (f) loss or damage due to the use or occupation by the Employer of any Section or part of the Permanent Works, except as may be provided for in the Contract,

　　 (g) loss or damage to the extent that if is due to the design of the Works, other than any part of the design provided by the Contractor or for which the Contractor is responsible,

　　 (h) any operation of the forces of nature against which an experienced contractor could not reasonably have been expected to take precautions.

　　

　　 Article 47 Insurance of Works and Contractor's Equipment

　　 47.1 The Contractor shall, without limiting his or the Employer's obligations and responsibilities under Clauses 43. 44. 45 and 46, insure:

　　 (a) the Works, together with materials and Plant for incorporation therein, to the full replacement cost

　　 (b) an additional sum of 15 per cent of such replacement cost, or as any be specified in these Conditions, to cover any additional costs of and incidental to the rectification of loss or damage including professional fees and the cost of demolishing and removing any part of the Works and of removing debris of whatsoever nature.

　　 (c) The Contractor's Equipment and other things brought onto the Site by the Contractor, for a sum sufficient to provide for their replacement at the Site.

Article 48 Scope of Cover

　　 48.1 The insurance in paragraphs Clause 47 .1 (a) and (b)shall be in the joint names of the Contractor and the Employer and shall cover:

　　 (a) the Employer and the Contractor against all loss or damage from whatsoever cause arising, other than as provided in Clause 50.1, from the start of work at the Site until the date of issue of the relevant Taking-Over Certificate in respect of the Works or any Section or part thereof as the case may be, and

　　 (b) the Contractor for his liability:

　　 (i) during the Defects Liability Period for loss or damage arising from a cause occurring prior to the commencement of the Defects Liability Period, and

　　 (ii) for loss or damage occasioned by the Contractor in the course of any operations carried out by him for the purpose of complying with his obligations under Clause 82.

Article 49 Responsibility for Amount not Recovered

　　 49.1 Any amounts not insured or not recovered from the insurers shall be borne by the Employer or the Contractor in accordance with their responsibilities under Clauses 43-46.

Article 50 Exclusions

　　 50.1 There shall be no obligation for the insurances in Clause 47.1 to include loss or damage caused by

　　 (a) war, hostilities (where war be declared or not), invasion, act of foreign enemies,

　　 (b) rebellion, revolution, insurrection, or military or usurped power, or civil war,

　　 (c) ionizing radiations, or contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.

　　 (d) pressure waves caused by aircraft or other aerial devices traveling at sonic or supersonic speeds.

Article 51 Damage to Persons and Property

　　 51.1 The Contractor shall, except if any so far as the Contract provides otherwise, indemnify the Employer against all losses and claims in respect of:

　　 (a) death of or injury to any person, or

　　 (b) lose of or damage to any property (other than the Works), which may arise out of or in consequence of the execution and completion of the Works and the remedying of any defects therein, and against all claims, proceedings, damages; costs, charges and expenses whatsoever in respect thereof or in relation thereto, subject to the exceptions defined in Clause 51.2.

　　 51.2 The exceptions referred to in Clause 51.1 are:

　　 (a) the permanent use or occupation of land by the Works, or any part thereof,

　　 (b) the right of the Employer to execute the Works, or any part thereof, on, over, under, in or through any land,

　　 (c) damage to property which is the unavoidable result of the execution and completion of the Works, or the remedying or any defects therein, in accordance with the Contract,

　　 (d) death of or injury to persons or loss of or damage to property resulting from any act or neglect of the Employer, his agents, servants or other contractors, not being employer by the Contractor, or in respect of any claims, proceedings, damages, costs, charges and expenses in respect or in relation thereto or, where the injury or damage was contributed to by the Contractor, his servants or agents, such part of the said injury or damage as may be just and equitable having regard to the extent of the responsibility of the Employer, his servants or agents or other, contractors for the injury or damage.

Article 52 Indemnity by Employer

　　 52.1 The Employer shall indemnify the Contractor against all claims, proceedings, damages, costs, charges and expenses in respect of the matters referred to in the exceptions defined in Sub-Clause 51.2.

Article 53 Third Party Insurance

　　 53.1 The Contractor shall, without limiting his or the Employer's obligations and responsibilities under Clause 51, insure, in the joint names of the Contractor and the Employer, against liabilities for death of or injury to any person or loss of or damage to any property (other than the Works) arising out of the performance of the Contract, other than the exceptions defined in clause 51.2 (a), (b) and (c) .

　　 Such insurance shall be for at least the amount stated in the Appendix to Tender.

　　 53.2 The insurance policy shall include a cross liability clause such that the insurance shall apply to the Contractor and to the Employer as separate insureds.

Article 54 Accident for Injury to Workmen

　　 54.1 The Employer shall not be liable for or in respect in the employment of the Contractor or any Subcontractor, other than death or injury resulting from any act or default of the Employer, his agents or servants. The Contractor shall indemnify and keep indemnified the Employer against all such damages and compensation, other than those for which the Employer is liable as aforesaid, and against all claims, proceedings, damages, costs, charges, and expenses whatsoever in respect thereof or in relation thereto.

Article 55 Insurance Against Accident to Workmen

　　 55.1 The Contractor shall insure against such liability and shall continue such insurance during the whole of the time that any persons are employed by him in the Works. Provided that, in respect of any persons employed by any Subcontractor, the Contractor's obligations to insured as aforesaid under this Sub-Clause shall be satisfied if the Subcontractor shall have insured against the liability in respect of such persons in such manner that the Employer is indemnified under the policy, but the Contractor shall require such Subcontractor to produce to the Employer, when required, such policy of insurance and the receipt for the payment of the current premium.

Article 56 Evidence and Terms of Insurances

　　 56.1 The Contractor shall provide evidence to the Employer prior to the start of work at the Site that the insurances required under the Contract have been effected and shall, within 84 days of the Commencement Date, Provide the insurance polices to the Employer. When providing such evidence and such policies to the Employer, the Contractor shall, notify the Engineer of so doing. Such insurance policies shall be consistent with the general terms agreed prior to the issue of the Letter of Acceptance. The Contractor shall effect all insurances for which he is responsible with insurers and in terms approved by the Employer.

Article 57 Adequacy of Insurances

　　 57.1 The Contractor shall notify the insurers of charges in the nature, extent or programme for the execution of the Works and ensure the adequacy of the insurances at all times in accordance with the terms of the Contract and shall, when required, produce to the Employer the insurance policies in force and the receipts for payment of the current premiums.

Article 58 Remedy on Contractor's Failure to Insure

　　 58.1 If the Contractor fails to effect and keep in force any of the insurances required under the Contract, or fails to provide the policies to the Employer within the period required by Clause 57.1, them and in any such case the Employer may effect and keep in force any such insurances and pay any premium as may be necessary for that purpose and from time to time deduct the amount so paid from any money due to become due to the Contractor, or recover the same as a debt due from the Contractor.

Article 59 Compliance with Policy Conditions

　　 59.1 In the event that Contractor or the Employer fails to comply with conditions imposed by the insurance policies effected pursuant to the Contract, eact shall indemnify the other against all losses and claims arising from such failure.

Article 60 Compliance with Statutes, Regulations

　　 60.1 The Contractor shall confirm in all respects, including by the giving of all notices and the paying of all fees, with the provisions of:

　　 (a) any National or State Statute, Ordinance, or other Law, or any regulation, or bye-law of any local or other duly constituted authority in relation to the execution and completion of the Works and the remedying of any defects therein, and

　　 (b) the rules and regulations of all public bodies and companies whose property or rights are affected of may be affected in any way by the Works, and the Contractor shall keep the Employer indemnified against all penalties and liability of every kind ofr breach of any such provisions. Provided always that the Employer shall be responsible for obtaining any planning, zining or other similar permission required for the Works to proceed and shall indemnify the Contractor in accordance with Clause 52.1.

Article 61 Fossils

　　 61.1 All fossils, coins, articles of value or antiquity and structures and other remains or things of geological or archaeological interest discovered on the Site shall, as between the Employer and the Contractor, be deemed to be the absolute property of the Employer. The Contractor shall take reasonable precautions to prevent his workmen or any other persons from removing or damaging any such article or thing and shall, immediately upon discovery thereof and before removal, acquaint the Engineer of such discovery and carry out the Engineer's instructions for dealing with the same. If, by reason of such instructions, the Contractor suffers delay and or incurs costs then the Engineer shall, after due consultation with the Employer and the Contractor, determine:

　　 (a) any extension of time the Contractor is entitled under Clause 77, and

　　 (b) the amount of such costs, which shall be added to the Contract price,and shall notify the Contractor accordingly, with a copy to the Employer.

Article 62 Patent Rights

　　 62.1 The Contractor shall save harmless and indemnify the Employer from and against all claims and proceedings for or on account of infringement of any patent rights, design trademark or name or other protected rights in respect of any Contractor's Equipment, materials or Plant used for or in connection with or for incorporation in the Works and from and against at damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto, except where such infringement results from compliance with the design or Specification provided by the Engineer.

Article 63 Royalties

　　 63.1 Except where otherwise stated, the Contractor shall pay all tonnage and other royalties, rent and other payments or compensation, if any , for getting stone, sand gravel, clay or other materials required for the Works.

Article 64 Interference with Traffic and Adjoining Properties

　　 64.1 All operations necessary for the execution and completion of the Works and the remedying of any defects therein shall, so far as compliance with the requirements of the Contract permits, be carried on so as not to interfere unnecessarily or improperly with:

　　 (a) the convenience of the public, or

　　 (b) the access to, use and occupation of public or private roads and footpaths to or of properties whether in the possession of the Employer or of any other person.

　　 64.2 The Contractor shall save harmless and indemnify the Employer in respect of all claims, proceedings, damages, costs, charges and expenses whatsoever arising out of, or in relation to, any such matters insofar as the Contractor is responsible therefore.

Article 65 Avoidance of Damage to Roads

　　 65.1 The Contractor shall use every reasonable means to prevent any of the roads or bridges communicating with or on the routes to the Site from being damaged or injured by any traffic of the Contractor or any of his Subcontractors and, in particular, shall select routes, choose and use vehicles and restrict and distribute loads so that any such extraordinary traffic as will inevitably arise from the moving of materials, Plant, Contractor's Equipment or Temporary Works from and to the Site shall be limited, as far as reasonably possible, and so that no unnecessary damage or injury may be occasioned to such roads and bridges.

　　 65.2 Save insofar as the Contract otherwise provides, the Contractor shall be responsible for the shall pay the cost of strengthening any bridges or altering or improving any road communicating with or on the routes to the Site to facilitate the movement of Contractor's Equipment or Temporary Works and the Contractor shall indemnify and keep indemnified the Employer against all claims for damage to any such road or bridge caused by such movement, including such claims as may be made directly against the Employer, and shall negotiate and pay all claims arising solely out of such damage.

　　 65.3 If, notwithstanding Clause 65.1, any damage occurs to any bridge or road communicating with or on the routes to the Site arising from the transport of materials or Plant, the Contractor shall notify The Engineer with a copy to the Employer, as soon as the becomes aware of such damage or as soon as the receives any claim from the authority entitled to make such claim. Where under any law or regulation the haulier of such materials or Plant is required to indemnify the road authority against damage the Employer shall not be liable for any costs, charges or expenses in respect thereof or in relation thereto. In other cases the Employer shall negotiate the settlement of and pay all sums due in respect of such claim and shall indemnify the Contractor in respect thereof and in relation thereto. Provided that of and so for as any such claim or part thereof is, in the opinion of the Engineer, due to any failure on the part of the Contraction of the Engineer, due to any failure on the part of the Contractor to observe and perform his obligations under Sub-Clause 65.1, then the amount, to be due to such failure shall be recoverable from the Contractor by the Employer and may be deducted by the Employer from any money due or the become due to the Contractor and the Engineer shall notify the Contractor accordingly, with a copy to the Employer. Provided also that the Employer shall notify the Contractor whenever a settlement is to be negotiated and, where any amount may be due from the Contractor, the Employer shall consult with the Contractor before such settlement is agreed.

　　 65.4 Where the nature of the works is such as to require the use by the Contract or of waterborne transport the foregoing provisions of this Clause shall be construed as though "road"? included a lock, dock, sea wall or other structure related to a waterway and vehicle included craft, and shall have effect accordingly.

Article 66 Opportunities for other Contractors

　　 66.1 The Contractor shall, in accordance with the requirements of the Engineer, afford all reasonable opportunities for carrying out their work to:

　　 (a) any other contractors employer by the Employer and their workmen,

　　 (b) the workmen of the Employer, and

　　 (c) the workmen of any duly constituted authorities who may be employer in the execution on or near the Site of any work not included in the Contract or of any contract which the Employer may enter into in connection with or ancillary to the Works.

　　 66.2 If, however, pursuant to Clause 66.1 the Contractor shall, on the written request of the Engineer:

　　 (a) make available to any such other contractor, or to the Employer or any such authority, any roads or ways for the maintenance of which the Contractor is responsible, or

　　 (b) permit the use, by any such, of Temporary Works or Contractor's Equipment on the Site, or

　　 (c) provide any other service of whatsoever nature for any such, the Engineer shall determine an addition to the Contract Price in accordance with Clause 84 and shall notify the Contractor accordingly, with a copy to the Employer.

Article 67 Contractor to keep Site Clear

　　 67.1 During the execution of the Works the Contractor shall keep the Site reasonably free from all unnecessary obstruction and shall, store or dispose of any Contractor's Equipment and surplus materials and clear away and remove from the Site any wreckage, rubbish or Temporary Works no longer required.

　　 67.2 Upon the issue of any Taking-Over Certificate the Contractor shall clear away and remove from that part of the Site to which such Taking-Over Certificate relates all Contractor's Equipment, surplus material, rubbish and Temporary Works of every kind, and leave such part of the Site and Works clean and in a workman like condition to the satisfaction of the Engineer. Provided that the Contractor shall be entitled to retain on Site, until the end of the Defects Liability Period, such materials, Contractor's Equipment and Temporary Works as are required by him for the Purpose of fulfilling his obligations during the Defects Liability Period.

Chapter 7 Labour

Article 68 Engagement of Staff and Labour

　　 68.1 The Contractor shall, unless otherwise provided in the Contract, make his own arrangements for the engagement of all staff and labour, local or other, and for their payment, housing, feeding and transport.

Article 69 Returen of Labour and Contractor's Equipment

　　 69.1 The Contractor shall, if required by the Engineer, deliver to the Engineer a return in detail, in such form and at such intervals as the Engineer may prescribe, showing the staff and the numbers of the several classes of labour from time to employed by the Contractor on the Site and such information respecting Contractor's Equipment as the Engineer may require.

Chapter 8 Materials, Plant and Workmanship

Article 70 Materials, Plant and Workmanship

　　 70.1 All materials, Plant and workmanship shall be:

　　 (a) of the respective kinds described in the Contract and in accordance with the Engineer's instructions, and

　　 (b) subjected from time to time to such tests as the Engineer may require at the place of manufacture, fabrication or preparation, or on the Site or such other place or places as may be specified in the Contract, or at all or any of such places.

　　 70.2 The Contractor shall provide such assistance, labour, electricity, fuels, stores, apparatus and instruments as are normally required for examining, measuring and testing any materials or Plant and shall supply samples of materials, before incorporation in the Works, for testing as may be selected and required by the Engineer.

Article 71 Cost

　　 71.1 All samples shall be supplied by the Contractor at his own cost if the supply thereof is clearly intended by or provided for in the Contract.

　　 71.2 The cost of making any test shall be borne by the Contractor if such test is:

　　 (a) clearly intended by or provided for in the Contract, or

　　 (b) particularized in the Contract (in cases only of a test under load or of a test to as certain whether the design of any finished or partially finished work is appropriate for the purposes which it was intended to fulfil) in sufficient detail to enable the Contractor to price or allow for the same in his Tender.

　　 71.3 If any test required by the Engineer which is:

　　 (a) not so intended by or provided for, or

　　 (b) (in the cases above mentioned) not so particularized, or

　　 (c) (though so intended or provided for) required by the Engineer to the carried out at any place other than the Site or the place of manufacture, fabrication or preparation of the materials or Plant tested, shows the materials, Plant or workmanship not to be in accordance with the provisions of the Contract to the satisfaction to the Engineer, then the cost of such test shall be borne by the Contractor, but in any other case Clause 71.4 shall apply.

　　 71.4 Where, pursuant to Clause 71.3, this Sub-Clause applies the Engineer shall, after due consultation with the Employer and the Contractor, determine:

　　 (a) any extension of time to which the Contractor is entitled under Clause 77, and

　　 (b) the amount of such costs, which shall be added to the Contract Price, and shall notify the Contractor accordingly, with a copy to the Employer.

Article 72 Inspection of Operations

　　 72.1 The Engineer, and any person authorized by him, shall at all reasonable times have access to the Site and to all workshops and places where materials or Plant are being manufactured, fabricated or prepared for the Works and the Contractor shall afford every facility for and every assistance in obtaining the right to such access.

　　 72.2 The Engineer shall be entitled, during manufacture, fabrication or preparation to inspect and test the materials and Plant to be supplied under the Contract. If materials or Plant are being manufactured, fabricated or prepared in workshops or places other than those of the Contractor, the Contractor shall obtain permission for the Engineer to carry out such inspection and testing in those workshops or places. Such inspection or testing shall not release the Contractor from any obligation under the Contract.

　　 72.3 The Contractor shall agree with the Engineer at and place for the inspection or testing of and materials or plant as provided in the Contract. The Engineer shall give the Contractor not less than 24 hours notice of his intention to carry out the inspection or to attend the tests. If the Engineer, or his duly authorized representative, does not attend on the date agreed, the Contractor may, unless otherwise instructed by the Engineer, proceed with the tests, which shall be deemed to have been made in the presence of the Engineer. The Contractor shall forth with forward to the Engineer duly certified copies of the test readings. If the Engineer has not attended the tests, he shall accept the said readings as accurate.

　　 72.4 If, at the time and place agreed in accordance with Clause 72.3, the materials or Plant are not ready for inspection or testing or if, as a result of the inspection or testing referred to in this Clause, the Engineer determines that the materials or Plant are defective or otherwise not in accordance with the Contract, he may reject the materials or plant and shall notify the Contractor thereof immediately. The notice shall state the Engineer's objections with reasons. The Contractor shall the promptly make good the defect or ensure that rejected materials or Plant comply with the Contract. If the Engineer so requests, the tests of rejected materials or Plant shall be made or repeated under the same terms and conditions. All costs incurred buy the Employer by the repetition of the tests shall, after due consultation with the Employer and the Contractor, be determined by the Engineer and shall be recoverable from the Contractor by the Employer and may be deducted from any money due or to become due to the Contractor and the Engineer shall notify the Contractor accordingly, with a copy to the Employer.

　　 72.5 The Engineer may delegate inspection and testing of materials or Plant to an independent inspector. Any such delegation shall be effected in accordance with Clause 9.4 and for this purpose such independent inspector shall be considered as an assistant of the Engineer. Notice of such appointment (not being less than 14 days) shall be given by the Engineer to the Contractor.

　　 72.6 No part of the Works shall be covered up or put out of view without the approval of the Engineer and the Contractor shall afford full opportunity for the Engineer to examine and measure any such part of the Works which is about to be covered up or put out of view and to examine foundations before any part of the Works is placed thereon. The Contractor shall give notice to the Engineer whenever any such part of the Works or foundations is or are ready or about to be ready for examination and the Engineer shall, without unreasonable delay, unless he considers if unnecessary and advises the Contractor accordingly, attend for the purpose of examining and measuring such part of the Works or of examining such foundations.

　　 72.7 The Contractor shall uncover any part of the Works or make openings in or through the same as the Engineer may from time to time instruct and shall reinstate and make good such part. If any such part has been covered up or put out of view after compliance with the requirement of Clause 72.6 and is found to be executed in accordance with the Contract, the Engineer shall, after due consultation will the Employer and the contractor, determine the amount of the Contractor's costs in respect of such of uncovering, making openings in or through, reinstating and making good the same, which shall be added to the Contractor accordingly, with a copy to the Employer. In any other case all costs shall be borne by the Contractor.

　　 72.8 The Engineer shall have authority to issue instructions from time to time, for:

　　 (a) the removal from the Site, within such time or times as may be specified in the instruction, of any materials or Plant which, in the opinion of the Engineer, are not in accordance with the Contract,

　　 (b) the substitution of proper and suitable materials or Plant, and

　　 (c) the removal and proper re-execution, notwithstanding any previous test thereof or interim payment therefore, of any work which, in respect of:

　　 (i) materials, Plant or workmanship, or

　　 (ii) design by the Contractor or for which he is responsible, is not, in the opinion of the Engineer, in accordance with the Contract.

　　 72.9 In case of default on the part of the Contractor in carrying out such instruction within the time specified therein or, if none, within a reasonable time, the Employer shall be entitled to employ and pay other persons to carry out the same and all costs consequent thereon or incidental thereto shall, after due consultation with the Employer and the Contractor, be determined by the Engineer and be recoverable from the Contractor by the Employer, and may be deducted by the Employer from any money due or to become due to the Contractor and the Engineer shall notify the Contractor accordingly, with a copy to the Employer.

Chapter 9 Suspension

Article 73 Suspension

　　 73.1 The Contractor shall, on the instructions of the Engineer, suspend the progress of the Works or any part thereof for such time and in such manner as the Engineer may consider necessary and shall, during such suspension, properly protect and secure the Works or such part thereof so far as is necessary in the opinion of the Engineer. Unless such suspension is:

　　 (a) otherwise provided for in the Contract, or

　　 (b) necessary by reason of some default of or breach of contract by the Contractor or for which he is responsible, or

　　 (c) necessary by reason of climatic conditions on the Site, or

　　 (d) necessary for the proper execution of the Works or for the safety of the Works or any part thereof Sub-Clause 73.2 shall apply.

　　 73.2 Where, pursuant to Clause 73.1, this Clause applies the Engineer shall, after due consultation with the Employer and the Contractor, determine:

　　 (a) any extension of time to which the Contractor is entitled under Clause 77, and

　　 (b) the amount, which shall be added to the Contract Price, in respect of the Cost incurred by the Contractor by reason of such suspension, and shall notify the Contractor accordingly, with a copy to the Employer.

　　 73.3 If the progress of the Works or any part thereof is suspended on the written instructions of the Engineer and if permission to resume work is not given by the Engineer within a period of 84 days from the date of suspension them, unless such suspension is within Clause 73.1 (a), (b), (c) or (d) , the Contractor may give notice to the Engineer requiring permission, within 28 days from the receipt thereof, to proceed with the Works or that part thereof in regard to which progress is suspended. If, within the said time, such permission is not granted, the Contractor may, but is not bound to, elect to treat the suspension, where it affect, of, where if affects the whole of the works. Treat the suspension as an event of default by the Employer and terminate his employment under the Contract in accordance with the provisions of Clause 101.1, whereupon the provisions of Clause 101.2 and 101.3 shall apply.

Chapter 10 Commencement and Delays

Article 74 Commencement of Works

　　 74.1 The Contractor shall commence the Works as soon as is reasonably after the receipt by him of a notice to this effect from the Engineer, which notice shall be issued within the time stated in the Appendix to Tender after the date of the Letter of Acceptance. Thereafter, the Contractor shall proceed with the Works with due expedition and without delay.

.1418355请声明出处9正9方9翻9译9网.4151118