FIDIC设计采购施工(EPC)合同条件（银皮书英文版）
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FIDIC设计采购施工(EPC)合同条件（银皮书英文版）,http://www.gong66.com
19.1 DEFINITION OF FORCE MAJEURE 80
19.2 NOTICE OF FORCE MAJEURE 81
19.3 DUTY TO MINIMISE DELAY 81
19.4 CONSEQUENCES OF FORCE MAJEURE 82
19.5 FORCE MAJEURE AFFECTING SUBCONTRACTOR 82
19.6 OPTIONAL TERMINATION, PAYMENT AND RELEASE 82
19.7 RELEASE FROM PERFORMANCE UNDER THE LAW 83
20 CLAIMS, DISPUTES AND ARBITRATION 84
20.1 CONTRACTOR’S CLAIMS 84
20.2 APPOINTMENT OF THE DISPUTE ADJUDICATION BOARD 86
20.3 FAILURE TO AGREEMENT DISPUTE ADJUDICATION BOARD 87
20.4 OBTAINING DISPUTE ADJUDICATION BOARD’S DECISION 87
20.5 AMICABLE SETTLEMENT 89
20.6 ARBITRATION 89
20.7 FAILURE TO COMPLY WITH DISPUTE ADJUDICATION BOARD’S DECISION 90
20.8 EXPIRY OF DISPUTE ADJUDICATION BOARD’S APPOINTMENT 90
1 General Provisions
1.1 Definitions
In the Conditions of Contract (“these Conditions”), which include Particular Conditions and these General Conditions, the following words and expressions shall have the meaning stated. Words indicating persons or parties include corporation and other legal entities, except where the context requires otherwise.
1.1.1 The Contract
1.1.1.1 “Contract” means the Contract Agreement, these Conditions, the Employer’s Requirement, the Tender, and further document (if any) which are listed in the Contract Agreement.
1.1.1.2 “Contract Agreement” means the contract agreement referred to in Sub-Clause 1.6 [Contract Agreement], including any annexed memoranda.
1.1.1.3 “Employer’s requirements” means the document entitled employer’s requirements, as included in the Contract, and any additions and modifications to such document in accordance with the Contract. Such document specifies the purpose, scope, and/or design and/or other technical criteria, for the Works.
1.1.1.4 “Tender” means the Contractor’s signed offer for the Works and all other documents which the Contractor submitted therewith (other than these Conditions and Employer’s Requirements, if so submitted), as included in the Contract.
1.1.1.5 “Performance Guarantees” and “Schedule of payments” mean the documents so nawww.gong66.commed (if any), as included in the Contract.
1.1.2 Parties and Persons
1.1.2.1 “Party” means the Employer or the Contractor, as the context requires.
1.1.2.2 “Employer” means the person named as employer in the Contract Agreement and the legal successors in title to this person.
1.1.2.3 “Contractor” means the person(s) named as contractor in the Contract Agreement and the legal successors in title to this person(s).
1.1.2.4 “Employer’s Representative” means the person named by the Employer in the Contract or appointed from time to time by the Employer under Sub-Clause 3.1 [ the Employer’s Representative], who acts on behalf of the Employer.
1.1.2.5 “Contractor’s Representative” means the person named by the Contractor in the Contract or appointed from time to time by the Contractor Sub-Clause 4.3 [the Contractor’s Representative], who acts on behalf of the Contractor.
1.1.2.6 “Employer’s Personnel” means the Employer’s Representative, the assistants referred to in Sub-Clause 3.2 [Other Employer’s Personnel] and all other staff, labour and other employees of the Employer and of the Employer’s Representative; and any other personnel notified to the Contractor, by the Employer or the Employer’s Representative, as Employer’s Personnel.
1.1.2.7 “Contractor’s Personnel” means the Contractor’s Representative and all personnel whom the Contractor utilizes on Site, who may include the staff, labour and other employees of the Contractor and of each Subcontractor, and any other personnel assisting the Contractor in the execution of the works.
1.1.2.8 “Subcontractor” means any person named in the Contract as a subcontractor, or any person appointed as a subcontractor, for a part of the Works; and the legal successors in title to each of these persons.
1.1.2.9 “DAB” means the person or three persons so named in the Contract, or other person(s) appointed under Sub-Clause 20.2 [Appointment of the Dispute Adjudication Board] or Sub-Clause 20.3 [Failure to Agree Dispute Adjudication Board].
1.1.2.10 “FIDIC” means the Federation International des Ingenieurs-Conseils, the international federation of consulting engineers.
1.1.3 Dates ,Test, Periods and Completion
1.1.3.1 “Base Date” means the date 28 days prior to the latest date for submission of the Tender.
1.1.3.2 “Commencement Date” means the date notified under Sub-Clause 8.1 [Commencement of Works], unless otherwise defined in the Contract Agreement.
1.1.3.3 “Time for Completion” means the time for completing the Works or a Section (as the case may be) under Sub-Clause 8.2 [Time for Completion], as stated in the Particular Conditions (with any extension under Sub-Clause 8.4 [Execution of Time for Completion]), calculated from the Commencement Date.
1.1.3.4 “Tests on Completion” means the tests which are specified in the Contract or agreed by both Parties or instructed as a Variation, www.gong66.comand which are carried out under Clause 9 [Tests on Completion] before the works or a Section (as the case may be) are taken over by the Employer.
1.1.3.5 “Taking-Over Certificate” means a certificate issued under Clause 10 [Employer’s Taking Over].
1.1.3.6 “Tests after Completion” means the tests (if any) are specified in the Contract and which are carried out under Clause 12 [Tests after Completion] after the works or a Section (as the case may be) are taken over by the Employer.
1.1.3.7 “Defects Notification Period” means the period for notifying defects in the Works or a Section (as the case may be) under Sub-Clause 11.1 [Completion of Understanding Works and Remedying Defects], as stated in the Particular Conditions (with any extension under Sub-Clause 11.3 [Extension of Defects Notification Period]), calculated from the date on which the Works or Section is competed as certified under Sub-Clause 10.1 [Taking Over of the Works and Sections]. If no such period is stated in the Particular Conditions, the period shall be one year.
1.1.3.8 “Performance Certificate” means the certificate issued under Sub-Clause 11.9 [Performance Certificate].
1.1.3.9 “day” means a calendar day and “year” means 365 days.
1.1.4 Money and Payments
1.1.4.1 “Contract Price” means the agreed amount stated in the Contract Agreement for the design, execution and completion of the Works and the remedying of any defects, and includes adjustment (if any) in accordance with the contract.
，FIDIC设计采购施工(EPC)合同条件（银皮书英文版）
19.1 DEFINITION OF FORCE MAJEURE 80
19.2 NOTICE OF FORCE MAJEURE 81
19.3 DUTY TO MINIMISE DELAY 81
19.4 CONSEQUENCES OF FORCE MAJEURE 82
19.5 FORCE MAJEURE AFFECTING SUBCONTRACTOR 82
19.6 OPTIONAL TERMINATION, PAYMENT AND RELEASE 82
19.7 RELEASE FROM PERFORMANCE UNDER THE LAW 83
20 CLAIMS, DISPUTES AND ARBITRATION 84
20.1 CONTRACTOR’S CLAIMS 84
20.2 APPOINTMENT OF THE DISPUTE ADJUDICATION BOARD 86
20.3 FAILURE TO AGREEMENT DISPUTE ADJUDICATION BOARD 87
20.4 OBTAINING DISPUTE ADJUDICATION BOARD’S DECISION 87
20.5 AMICABLE SETTLEMENT 89
20.6 ARBITRATION 89
20.7 FAILURE TO COMPLY WITH DISPUTE ADJUDICATION BOARD’S DECISION 90
20.8 EXPIRY OF DISPUTE ADJUDICATION BOARD’S APPOINTMENT 90
1 General Provisions
1.1 Definitions
In the Conditions of Contract (“these Conditions”), which include Particular Conditions and these General Conditions, the following words and expressions shall have the meaning stated. Words indicating persons or parties include corporation and other legal entities, except where the context requires otherwise.
1.1.1 The Contract
1.1.1.1 “Contract” means the Contract Agreement, these Conditions, the Employer’s Requirement, the Tender, and further document (if any) which are listed in the Contract Agreement.
1.1.1.2 “Contract Agreement” means the contract agreement referred to in Sub-Clause 1.6 [Contract Agreement], including any annexed memoranda.
1.1.1.3 “Employer’s requirements” means the document entitled employer’s requirements, as included in the Contract, and any additions and modifications to such document in accordance with the Contract. Such document specifies the purpose, scope, and/or design and/or other technical criteria, for the Works.
1.1.1.4 “Tender” means the Contractor’s signed offer for the Works and all other documents which the Contractor submitted therewith (other than these Conditions and Employer’s Requirements, if so submitted), as included in the Contract.
1.1.1.5 “Performance Guarantees” and “Schedule of payments” mean the documents so nawww.gong66.commed (if any), as included in the Contract.
1.1.2 Parties and Persons
1.1.2.1 “Party” means the Employer or the Contractor, as the context requires.
1.1.2.2 “Employer” means the person named as employer in the Contract Agreement and the legal successors in title to this person.
1.1.2.3 “Contractor” means the person(s) named as contractor in the Contract Agreement and the legal successors in title to this person(s).
1.1.2.4 “Employer’s Representative” means the person named by the Employer in the Contract or appointed from time to time by the Employer under Sub-Clause 3.1 [ the Employer’s Representative], who acts on behalf of the Employer.
1.1.2.5 “Contractor’s Representative” means the person named by the Contractor in the Contract or appointed from time to time by the Contractor Sub-Clause 4.3 [the Contractor’s Representative], who acts on behalf of the Contractor.
1.1.2.6 “Employer’s Personnel” means the Employer’s Representative, the assistants referred to in Sub-Clause 3.2 [Other Employer’s Personnel] and all other staff, labour and other employees of the Employer and of the Employer’s Representative; and any other personnel notified to the Contractor, by the Employer or the Employer’s Representative, as Employer’s Personnel.
1.1.2.7 “Contractor’s Personnel” means the Contractor’s Representative and all personnel whom the Contractor utilizes on Site, who may include the staff, labour and other employees of the Contractor and of each Subcontractor, and any other personnel assisting the Contractor in the execution of the works.
1.1.2.8 “Subcontractor” means any person named in the Contract as a subcontractor, or any person appointed as a subcontractor, for a part of the Works; and the legal successors in title to each of these persons.
1.1.2.9 “DAB” means the person or three persons so named in the Contract, or other person(s) appointed under Sub-Clause 20.2 [Appointment of the Dispute Adjudication Board] or Sub-Clause 20.3 [Failure to Agree Dispute Adjudication Board].
1.1.2.10 “FIDIC” means the Federation International des Ingenieurs-Conseils, the international federation of consulting engineers.
1.1.3 Dates ,Test, Periods and Completion
1.1.3.1 “Base Date” means the date 28 days prior to the latest date for submission of the Tender.
1.1.3.2 “Commencement Date” means the date notified under Sub-Clause 8.1 [Commencement of Works], unless otherwise defined in the Contract Agreement.
1.1.3.3 “Time for Completion” means the time for completing the Works or a Section (as the case may be) under Sub-Clause 8.2 [Time for Completion], as stated in the Particular Conditions (with any extension under Sub-Clause 8.4 [Execution of Time for Completion]), calculated from the Commencement Date.
1.1.3.4 “Tests on Completion” means the tests which are specified in the Contract or agreed by both Parties or instructed as a Variation, www.gong66.comand which are carried out under Clause 9 [Tests on Completion] before the works or a Section (as the case may be) are taken over by the Employer.
1.1.3.5 “Taking-Over Certificate” means a certificate issued under Clause 10 [Employer’s Taking Over].
1.1.3.6 “Tests after Completion” means the tests (if any) are specified in the Contract and which are carried out under Clause 12 [Tests after Completion] after the works or a Section (as the case may be) are taken over by the Employer.
1.1.3.7 “Defects Notification Period” means the period for notifying defects in the Works or a Section (as the case may be) under Sub-Clause 11.1 [Completion of Understanding Works and Remedying Defects], as stated in the Particular Conditions (with any extension under Sub-Clause 11.3 [Extension of Defects Notification Period]), calculated from the date on which the Works or Section is competed as certified under Sub-Clause 10.1 [Taking Over of the Works and Sections]. If no such period is stated in the Particular Conditions, the period shall be one year.
1.1.3.8 “Performance Certificate” means the certificate issued under Sub-Clause 11.9 [Performance Certificate].
1.1.3.9 “day” means a calendar day and “year” means 365 days.
1.1.4 Money and Payments
1.1.4.1 “Contract Price” means the agreed amount stated in the Contract Agreement for the design, execution and completion of the Works and the remedying of any defects, and includes adjustment (if any) in accordance with the contract.
，FIDIC设计采购施工(EPC)合同条件（银皮书英文版）
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