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［中英对照］国际土木建筑工程承包合同（３）

Date:2009-3-24


Contract for Works of Civil

　　Engineering Construction

　　Preface

　　WHEREAS ... ...

　　WHEREAS ... ...

　　NOW THEREFORE THIS CONTRACT WITNESSETH that it is hereby agreed by and between the parties hereto as follows:


Chapter 1 Definitions and Interpretation

Article 1 Definitions

　　 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:

　　 1.1 "mployer" means the person named as such in this contract and the legal successors in title to such person, but not (except with the consent of the Contractor) any assignee of such person.

　　 1.2 "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.

　　 1.3 "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 title to such person, but not any assignee of any such person.

　　 1.4 "Engineer" means the person appointed by the Employer to act as Engineer for the purposes of the Contract and named as such in this Contract.

　　 1.5 "Engineer" Representative means a person appointed from time to time by the Engineer under Clause 9.2.

　　 1.6 "Contract" means this Contract, 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 in the Letter of Acceptance or the Contract Agreement (if completed).

　　 1.7 "Specification" means the specification of the Works included in the Contract and modification thereof or addition thereto made under Clause 95 or submitted by the Contractor and approved by the Engineer.

　　 1.8 "Drawings" means all drawings, calculations and technical information of a like nature provided by the Engineer to the Contractor under the Contract and all drawings, 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.

　　 1.9 "Bill of Quantities" means the priced and completed bill of quantities forming of the Tender.

　　 1.10 "Tender" means the Contractor's priced offer to the Employ for the execution and completion of the Works and the remedying of any defects therein in accordance with the provisions of the Contract, as accepted by the Letter of Acceptance.

　　 1.11 "Letter of Acceptanc" means the formal acceptance by the Employer of the Tender.

　　 1.12 "Contract Agreement" means the contract agreement (if any) referred to in Clause 26.

　　 1.13 "Appendix to Tender" means the contract agreement (if any) referred to in Clause 16.

　　 1.14 "Commencement Date" means the date upon which the Contractor receives the including plant in notice to commence issued by the Engineer pursuant to Clause 74.

　　 1.15 "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 Contract calculated from the Commencement Date.

　　 1.16 "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 over by the Employer.

　　 1.17 "Taking-Over Certificate" means a certificate issued pursuant to Clause 81.

　　 1.18 "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 the provisions of the Contract.

　　 1.19 "Retention Money" means the aggregate of all mommies retained by the Employer pursuant to Clause 92.2 (a).

　　 1.20 "Works" means the Permanent Works and the Temporary Works or either of them as appropriate.

　　 1.21 "Permanent Works" means the permanent works to the executed concluding plant in accordance with the contract.

　　 1.22 "Temporary works" means all temporary works of every kind (other than Contractor's Equipment) required in or about the execution and completion of the Works and remedying of any defects therein.

　　 1.23 "Plant" means machinery, apparatus and the like intended to form or forming part of the Permanent Works.

　　 1.24 "Contractor Equipment" means all appliances and things of whatsoever nature (other than Temporary Works) required for the execution and completion of the Works and the remedyingof any defects therein, but dose not include Plant, materials or other things intended to form or forming part of the Permanent Works.

　　 1.25 "Section" means a part of the Works specifically identified in the Contract as a Section.

　　 1.26 "Site" means the places provided by the Employer where the Works are to be executed and any other places as may be specifically designated in the Contract as forming part of the Site.

　　 1.27 "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 dose not include any allowance for profit.

　　 1.28 "Day" means calendar day.

　　 1.29 "Foreign" Currency means a currency of a country other than that in which the Works are to be located.

　　 1.30 "Writing" means any hand-written, type-written, or printed communication,including telex, cable and facsimile transmission.

Article 2 Interpretation

　　 2.1 Words importing persons or parties shall include firms and corporations and any organization having legal capacity.

Article 3 Singular and plural

　　 3.1 Words importing the singular only also include the plural and vice versa where the context requires.

Article 4 Notices, Consents, Approvals, Certificates and Determinations

　　 4.1 Wherever in the Contract provision is made for the giving or issue of any notice, consent, approval, certificate or determination by any person, unless otherwise specified such notice, consent, approval, certificate or determination shall be in writing and the orks"notify""certify"or"determine"

　　 shall be construed accordingly. Any such consent, approval, certificate or determination shall not unreasonably be withheld or delayed.

Chapter 2 Content and Scope of Contract

Article 5 General Provision

　　 5.1 Content and scope of this Contract shall be stipulated in the Appendix including construction erection and maintenance. Unless otherwise provided in the Contract, it includes providing labours, materials, equipments for the construction, erection and maintenace.

Article 6 Scope of the Contractor Work

　　 Article 7 Scope of the Employer's Work

　　 Chapter 3 Engineer and Engineer's Representative

Article 8 Engineer's Duties and Authority

　　 8.1 The Engineer shall carry out the duties specified in the Contract.

　　 8.2 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 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 the Contract, provided further that any requisite approval shall be deemed to have been given by the Employer for any such authority exercised by the Engineer.

　　 8.3 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.

Article 9 Engineer's Representative

　　 9.1 The Engineer's Representative shall be appointed by and be responsible to the Engineer and shall carry out such duties and exercise such authority as may be delegated to him by the Engineer under Clause 9.2 and 9.3.

　　 9.2 The Engineer may from time to time delegate to the Engineer's Representative any of the duties and authorities vested in 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 there of has been delivered to the Employer and the Contractor.

　　 9.3 Any communication given by the Engineer's Representative to the Contractor in accordance with such delegation shall have the same effect as though it had been given by the Engineer, Provided that:

　　 (a) any failure of the Engineer's Representative to disapprove any work, materials or Plant shall not prejudice the authority of the Engineer to disapprove such work, materials or Plant and to give instructions for the rectification thereof;

　　 (b) if the Contractor questions any communication of the Engineer's Representative he may refer the matter to the Engineer who shall conform, reverse or vary the contents of such communication.

　　 9.4 The Engineer or the Engineer's Representative may appoint any number of persons to assist the Engineer's Representative in the carrying out of his duties under Clause 9.1. His shall notify to the Contractor the names, duties and scope of authority of such persons. Such assistants shall have not authority to issue any instructions to the Contractor save in so far as such instructions may be necessary to enable them to 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 have been given by the Engineer's Representative.

Article 10 Instructions in Writing

　　 10.1 Instructions given by the Engineer shall be in writing, provided that if for any reason the Engineer consider it necessary to give any such instruction orally, the Contractor shall comply with such instruction. Confirmation in 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, if shall be deemed to be an instruction of the Engineer. The provisions of this Sub-clause shall equally apply to instructions given by the Engineer's Representative and any assistants of the Engineer or the Enginee's Representative appointed pursuant to Clause 9.4.

Article 11 Engineer to Act Impartially

　　 11.1 Wherever, under the Contract, the Engineer is required to exercise his discretion by:

　　 (a) giving his decision, opinion or consent, or

　　 (b) expressing his satisfaction or approval, or

　　 (c) determining value, or

　　 (d) otherwise taking action which may affect the rights and obligations of the Employer or the Contractor shall exercise such discretion impartially within the terms of the Contract and having regard to all the circumstances. Any such decision, opinion, consent, expression of satisfaction, or approval, determination of value or action may be opened up, reviewed or revised as provided in Clause 99.

Chapter 4 Assignment and Subcontracting

Article 12 Assignment of Contract

　　 12.1 The Contractor shall not, without the prior consent of the Employer (which consent, notwithstanding the provisions of Clause 4, shall be at the sole discretion of the Employer), assign the Contract or any part thereof, or any benefit or interest therein or thereunder, otherwise than by:

　　 (a) a charge in favour of the Contractor's bankers of any money due or to become due under the Contract, or

　　 (b) assignment to the Contractor's insurers (in cases where the insurers have discharged the Contractor's loss or liability) of the Contractor's right to obtain relief against any other party liable.

　　

　　 Article 13 Subcontracting

　　 13.1 The Contractor shall not subcontract the whole of the works. Except where otherwise provided by the Contract, the Contractor shall not subcontract any part of the Works without the prior consent of the Engineer. Any such consent shall not relieve the Contractor from any liability or obligation under the Contract and he shall be responsible for the acts, defaults and neglects of any subcontractor, his agents, servants or workmen as fully as if they were the acts, defaults or neglects of the Contractor, his agents, servants or workmen.

　　 Provided that the Contractor shall not be required to obtain such consent for:

　　 (a) the provision of labour, or

　　 (b) the purchase of materials which are in accordance with the standards specified in the Contract, or

　　 (c) the subcontracting of any part of the Works for which the Subcontractor is named in the Contract.

Article 14 Assignment of subcontractors?obligations

　　 14.1 In the event of a Subcontractor having undertaken towards the Contractor in respect of the work executed; or the goods, materials, Plant or services supplied by such Subcontractor, any continuing obligation extending for a period exceeding that of the Defects Liability Period under the Contract, the Contractor shall at any time, after the expiration of such period, as sign to the Employer, at the Employer's request and cost, the benefit of such obligation for the unexpired duration thereof

Chapter 5 Contract Documents

Article 15 Languages and Law

　　 15.1 The language in which the Contract documents shall be drawn up is:

　　 15.2 The country or state the Law of which shall apply to the contract is:

Article 16 Priority of Contract Documents

　　 16.1 The several documents forming the Contract are to be taken as mutually explanatory of one another, but in case of ambiguities or discrepancies the same shall be explained and adjusted by the Engineer who shall thereupon, issue to the Contractor instructions thereon and in such event, unless otherwise provided in the Contract, the priority of the documents forming, the Contract shall be as follows:

　　 (1) The Contract Agreement (if completed);

　　 (2) The Letter of Acceptance;

　　 (3) The Tender;

　　 (4) The Contract;

　　 (5) The Specifications and the Drawings;

　　 (6) Any other document forming part of the Contract.

Article 17 Custody and Supply of Drawings and Documents

　　 17.1 The Drawings shall remain in the sole custody of the Engineer, but two copies thereof shall be provided to the Contractor free of charge. The Contractor shall make at his own cost any further copies required by him. Unless it is strictly necessary for the purposes of the Contract, the Drawings, Specification and other documents provided by the Employer or the Engineer shall not, without the consent of the Engineer, be used or communicated to a third party by the Contractor. Upon issue of the Defects Liability Certificate, the Contractor shall return of the Defects Liability Certificate, the Contractor shall return to the Engineer all Drawings, Specification and other documents provided under the Contract.

　　 17.2 The Contractor shall supply to the Engineer four copies of all Drawings, Specification and other documents submitted by the Contractor and approved by the Engineer in accordance with Clauses 21, 22, 23, together with a reproducible copy of any material which cannot be reproduced to an equal standard by photocopying. In addition the Contractor shall supply such further copies of such Drawings, Specification and other documents as the Engineer may request in writing for the use of the Employer, who shall pay the cost thereof.

　　 17.3 One copy of the Drawings, provided to or supplied by the Contractor as aforesaid, shall be kept by the Contractor on the Site and the same shall at all reasonable times by available for inspection and use by the Engineer and by any other person authorized by the Engineer in writing.

Article 18 Disruption of Progress

　　 18.1 The Contractor shall give notice to the Engineer, with a copy to the Employer, whenever, planning or execution of the Works in likely to be delayed or disrupted unless any further drawing or instruction is issued by the Engineer within a reasonable time. The notice shall include details of the drawing or instruction required and of why and by when if is required and of any delay or disruption likely to be suffered if it is late.

Article 19 Delays and Cost of Delay of Drawings

　　 19.1 If, by reason of any failure or inability of the Engineer to issue, within a time reasonable in all the circumstances, any drawing or instruction for which notice has been given by the Contractor in accordance with Clause 18.1, the Contractor suffers delay and or incurs costs then the Engineer shall, after due consultation with 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 20 Failure by Contractor to Submit Drawings

　　 20.1 If the failure or inability of the Engineer to issue any drawings or instructions is caused in whole or in part by the failure of the Contractor to submit Drawings, Specification or other documents which he is required to submit under the Contract, the Engineer shall take such failure by the Contractor into account when making his determination pursuant to Clause 19.1.

Article 21 Supplementary Drawings and Instructions

　　 21.1 The Engineer shall have authority to issue to the Contractor, from time to time, such supplementary Drawings and instructions as shall be necessary for the purpose of the proper and adequate execution and completion of the Works and the remedying of any defects therein. The Contractor shall carry out and be bound by the same.

Article 22 Permanent Works Designed by Contractor

　　 22.1 Where the Contract expressly provides that part of the Permanent Works shall be designed by the Contractor, he shall submit to the Engineer, for approval:

　　 (a) such drawings, specifications, calculations and other information as shall be necessary to satisfy the Engineer as to the suitability and adequacy of the design, and

　　 (b) Operation and maintenance manuals together with drawings of the Permanent Works as completed, in sufficient detail to enable the Employer to operate, maintain, dismantle, reassemble and adjust the permanent Works incorporating that design. The Works shall not be considered to be completed for the purposes of taking over in accordance with Clause 81 until such operation and maintenance manuals together with drawings on completion, have been submitted to and approved by the Engineer.

Article 22 Permanent Works Designed by Contractor

　　 22.1 When the Contract expressly provides that part of the Permanent Works shall be designed by the Contractor, he shall submit to the Engineer, for approval:

　　 (a) such drawings, specifications, calculations and other information as shall be necessary to satisfy the Engineer as to the suitability and adequacy of the design, and

　　 (b) operation and maintenance manuals together with drawings of the Permanent Works as completed, in sufficient details to enable the Employer to operate, maintain, dismantle, reassemble and adjust the permanent Works incorporating that design. The Works shall not be considered to the completed for the purposes of taking over in accordance with Clause 81 until such operation and maintenance manuals together with drawings on completion, have been submitted to and approved by the Engineer.

Article 23 Responsibility Unaffected by Approval

　　 23.1 Approval by the Engineer, in accordance with Clause 22.1, shall not relieve the Contractor of any of his responsibilities under the Contract.

Chapter 6 General Obligations

Article 24 Contractor's General Responsibilities

　　 24.1 The Contractor shall, with due care and diligence, design (to the extent provided for by the Contract), execute and complete the Works and remedy any defects therein in accordance with the provisions of the Contract. The contractor shall provide all superintendence, labour, materials, Plant, Contractor's Equipment and all other thins, whether of a temporary or permanent nature, required in and for such design, execution, completion and remedying of any defects, so far has the necessity for providing the same in specified in or is reasonably to be inferred from the Contract.

Article 25 Site Operations and Methods of Construction

　　 25.1 The Contractor shall take full responsibility for the adequacy, stability and safety of all site operations and methods of construction. Provided that the Contractor shall not be responsible (except as stated hereunder or as may be otherwise agreed) for the design or specification of permanent Works, or for the design or specification of any Temporary Works not prepared by the Contractor. Where the Contract expressly provides that of the Permanent Works shall be designed by the Contractor, he shall be fully responsible for that part of such Works, notwithstanding any approval by the Engineer.

Article 26 Contract Agreement

　　 26.1 The Contractor shall, if called upon so to do, enter into and execute the Contract Agreement, to be prepared and completed at the cost of the Employer, in the form annexed to these Conditions with such modification as may be necessary.

Article 27 Performance Security

　　 27.1 If the Contract requires the Contractor to obtain security for his proper performance of the Contract he shall obtain and provide to the Employer such security within 28 days after the receipt of the letter of Acceptance, in the sun state in the Appendix to Tender. When providing such security to the Employer, the Contractor shall notify the Engineer of so doing. Such security shall be in such form as may be agreed between the Employer and the Contractor. The institution Providing such security shall be subject to the approval of the Employer, the cost of complying with the requirements of this Clause shall be borne by the Contractor, unless the Contract otherwise provides.

Article 28 Period of Validity of Performance Security

　　 28.1 The Performance security shall be valid until the Contractor has executed and completed the Works and remedied any defects therein in accordance with the Contract. No claim shall be made against such security after the issue of the Defects Liability Certificate in accordance with Clause 94.1 and such security shall be returned to the Contractor within 14 days of the issue of the said Defects Liability Certificate.

Article 29 Claims under Performance Security

　　 29.1 Prior to making a claim under the Performance security the Employer shall, in every case, notify the Contractor stating the nature of the default in respect of which the claim is to the made.

Article 30 Inspection of Site

　　 30.1 The Employer shall have made available to the Contractor, before the submission by the Contractor of the Tender, such data on hydrological and sub-surface conditions as have been obtained by or on behalf of the Employer from investigations undertaken relevant to the Works but the Contractor shall be responsible for his own interpretation thereof.

　　 30.2 The Contractor shall be deemed to have inspected and examined the Site and its surroundings and information available in connection therewith and to have satisfied himself (so far as is practicable, having regard to considerations of cost and time) before submitting his Tender, as to:

　　 (a) the form and nature thereof, including the sub-surface conditions,

　　 (b) the hydrological and climatic conditions,

　　 (c) the extent and nature of work and materials necessary for the execution and completion of the Works and the remedying of any defects therein,

　　 (d) the means of access to the Site and the accommodation he may require and, in general, shall be deemed to have obtained all necessary information, subject as above mentioned, as to risks, contingencies and all other circumstance with may influence or affect his Tender.

　　 The Contractor shall be deemed to have based his Tender on the data made available by the Employer and on his own inspection and examination, all as aforementioned.

Article 31 Sufficiency of Tender

　　 31.1 The Contractor shall be deemed to have satisfied himself as to the correctness and sufficiency of the Tender and of the rates and prices stated in the Bill of Quantities, all of which shall, except insofar as it is otherwise provided in the Contract cover all his obligations under the Contract (including those in respect of the supply of goods, materials, Plant or services or of contingencies for which there is a Provisional Sum) and all maters and things necessary for the proper execution and completion of the Works and the remedying of any defects therein.

Article 32 Adverse Physical Obstructions or Conditions

　　 32.1 If, however, during the execution of the Works the Contractor encounters physical obstructions or physical conditions, other than climates conditions on the Sit, which obstructions or conditions were, in his opinion, not foreseeable by an experienced contractor, the Contractor shall forthwith give notice thereof to the Engineer, with a copy to the Employer, Onreceipt of such notice, the Engineer shall, if in his opinion such obstructions or conditions could not have been reasonably foreseen by an experienced contractor, 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 any costs which may have been incurred by the Contractor by reason of such obstructions or conditions having been encountered, which shall be added to the Contract Price, and shall notify the Contractor accordingly, with a copy to the Employer, Such determination shall take account of any instruction which the Engineer may issue to the Contractor in connection therewith, and any proper and reasonable measures acceptable to the Engineer which the Contractor may take in the absence of specific instructions for the Engineer.

Article 33 Work to be in Accordance with Contract

　　 33.1 Unless is legally or physically impossible, the Contractor shall execute and complete the Works and remedy any defects therein in strict accordance with the Contract to the satisfaction of the Engineer. The Contractor shall comply with and adhere strictly to the Engineer’s instructions on any matter, whether mentioned in the Contract or not, touching or concerning the Works. The Contractor shall take instructions only from the Engineer or, subject to the Provisions of Clauses 8.9.10.11, from the Engineer's Representative.

Article 34 Programmer to be Submitted

　　 34.1 The Contractor shall, within the time stated in these Conditions after the date of the Letter of Acceptance, submit to the Engineer for his consent a programme, in such form and detail as the Engineer shall reasonably prescribe, for the execution of the Works. The Contractor shall, whenever required by the Engineer, also provide in writing for his information a general description of the arrangements and methods which the Contractor proposes to adopt for the execution of the Works.

　　 34.2 If at any time it should appear to the Engineer that the actual progress of the Works does not conform to the programme to which consent has been given under Clause 34.1, the Contractor shall produce, at the request of the Engineer, a revised programme showing the modifications to such programme necessary to ensure completion of the works within the Time for Completion.

Article 35 Cash Flow Estimate to be Submitted

　　 35.1 The Contractor shall, within the time stated in these Conditions after the date of the Letter of Acceptance, provide to the Engineer for his information a detailed cash flow estimate, in quarterly periods, of all payments to which the Contractor will be entitled under the Contract and the Contractor shall subsequently supply revised cash flow estimates at quarterly intervals, if required to do so by the Engineer.

Article 36 Contractor not Relieved of Duties or Responsibilities

　　 36.1 The submission to and consent by the Engineer of such programmes or the provision of such general descriptions or cash flow estimates shall not relieve the Contractor of any of his duties or responsibilities under the Contract.

Article 37 Contractor's Superintendence

　　 37.1 The Contractor shall provide all necessary superintendence during the execution of the Works and as long thereafter as the Engineer may consider for the proper fulfilling of the Contractor's obligations under the Contract. The Contractor, or a competent and authorized representative approved of by the Engineer, which approval may at any time by withdrawn, shall give his whole time to the superintendence of the Works. Such authorized representative shall receive, on behalf of the Contractor, instructions from the Engineer or, subject to the provisions of Clauses 8. 9. 10. 11, the Engineer's Representative.

　　 37.2 If approval of the representative is withdrawn by the Engineer, the Contractor shall, as soon as is practicable, having regard to the requirement of replacing him as hereinafter mentioned, after receiving notice of such withdrawal, remove the representative from the Works and shall not thereafter employ him again on the Works in any capacity and shall replace him by another representative approved by the Engineer.

Article 38 Contractor's Employees

　　 38.1 The Contractor shall provide on the site in connection with the execution and completion of the Works and the remedying of any defects therein:

　　 (a) only such technical assistants as are skilled and experienced in their respective callings and such foremen and leading hands as are competent to give proper superintendence of the Works, and

　　 (b) such skilled, semi-skilled and unskilled labour as is necessary for the proper and timely fulfilling of the Contractor's obligations under the Contract.

　　 38.2 The Engineer shall be at liberty to object to and require the Contractor to remove forthwith from the Works any person provided by the Contractor who, in the opinion of the Engineer, misconducts himself, or is incompetent or incompetent or negligent in the proper performance of his deties, or whose presence on site is otherwise considered by the Engineer to be undesirable, and such person shall not be again allowed upon the Works without the consent of the Engineer. Any person so removed from the Works shall be replaced as soon as possible.

Article 39 Setting-out

　　 39.1 The Contractor shall be responsible for:

　　 (a) the accurate setting-out of the Works in relation to original points, lines and levels of reference given by the Engineer in writing,

　　 (b) the correctness, subject as above mentioned, of the position, levels, dimensions and alignment of all parts of the Works and

　　 (c) the provision of all necessary instruments appliances and labour in connection with the foregoing responsibilities.

　　 If, at any time during the execution of the Works, any error appears in the position, levels, dimensions or alignment of any part of the Works, the Contractor, on being required so to do by part of the Works, the Contractor, on being required so to do by the Engineer, shall, at his own cost, rectify such error to the satisfaction of the Engineer, unless such error is based on incorrect data supplied in writing by the Engineer, in which case 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.

　　 39.2 The checking of any setting-out or of any line or level by the Engineer shall not in any way relieve the Contractor of his responsibility for the accuracy thereof and the contractor shall carefully protect and preserve all bench-marks, sight-rails, pegs and other things used in setting-out the Works.

Article 40 Boreholes and Exploratory Excavation

　　 40.1 If, at any time during the execution of the Works, the Engineer requires the Contractor to make boreholes or to carry out exploratory excavation, such requirement shall be the subject of an instruction in accordance with Clause 51, unless an item or a Provisional Sum in respect of such work is included in the Bill of Quantities.

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