contract for works of civil engineering construction

1、Contract for Works of Civil Engineering ConstructionPreface WHEREAS ... ... WHEREAS ... ... NOW THEREFORE THIS CONTRACT WITNESSES that it is hereby agreed by and between the parties hereto as follows: Chapter 1 Defin

2、itions and InterpretationArticle 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

3、.1 “employer“ 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

4、 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 perso

5、n 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

6、 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

7、 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 Ag

8、reement (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

9、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 o

10、f 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 natur

11、e 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

12、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

13、 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

14、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

15、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 test

16、s 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-Ove

17、r 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

18、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). 8.3 Except as expressly s

19、tated 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

20、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 de

21、legate 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 ta

22、ke 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 th

23、e 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

24、 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

25、 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

26、 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 Contr

27、actor 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 in

28、structions 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,

29、 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

30、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 wri

31、ting 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 t

32、his 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

33、 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) determini

34、ng 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 al

35、l 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 an

36、d SubcontractingArticle 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 t

37、he 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

38、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 par