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1、FIDIC简明合同格式(绿皮书)The Short Form of Contract (Green Book)一般规定 General Provisions11定义 Definitions共包括下列19个定义:1 合同2 规范3 图纸4 业主5 承包商6 当事方7 开工日期8 天9 竣工时间10费用11承包商的设备12工程所在国13业主的责任14不可抗力15材料16永久设备17现场18变更19工程The Contract1.1.1 Contract means the Agreement and the other documents listed in the Appendix.1.1.2
2、Specification means the document as listed in the Appendix, including Employers requirements in respect of design to be carried out by the Contractor, if any, and any Variation to such document.1.1.3 Drawings means the Employers drawings of the Works as listed in the Appendix, and any Variation to s
3、uch drawings.Persons1.1.4 Employer means the person named in the Agreement and the legal successors in title to this person, but not (except with the consent of the Contractor) any assignee.1.1.5 Contractor means the person named in the Agreement and the legal successors in title to this person, but
4、 not (except with the consent of the Employer) any assignee.1.1.6 Party means either the Employer or the Contractor.Dates, Times and Periods1.1.7 Commencement Date means the date 14 days after the date the Agreement comes into effect or any other date agreed between the Parties.1.1.8 day means a cal
5、endar day.1.1.9 Time for Completion means the time for completing the Works as stated in the Appendix (or as extended under Sub-Clause 7.3), calculated from the Commencement Date.Money and Payments1.1.10 Cost means all expenditure properly incurred (or to be incurred ) by the Contractor, whether on
6、or off the Site, including overheads and similar charges, but does not include profit.Other Definitions1.1.11 Contractors Equipment means all apparatus, machinery, vehicles, facilities and other things required for the execution of the Works but does not include Materials or Plant.1.1.12 Country mea
7、ns the country in which the Site is located.1.1.13 Employers Liabilities means those matters listed in Sub-Clause 6.1.1.1.14 Force Majeure means an exceptional event or circumstance: which is beyond a Partys control; which such Party could not reasonably have provided against before entering into th
8、e Contract; which, having arisen, such Party could not reasonably have avoided or overcome; and, which is not substantially attributable to the other Party.1.1.15 Materials means things of all kinds (other than Plant) intended to form or forming part of the permanent work.1.1.16 Plant means the mach
9、inery and apparatus intended to form or forming part of the permanent work.1.1.17 Site means the places provided by the Employer where the Works are to be executed, and any other places specified in the Contract as forming part of the Site.1.1.18 Variation means a change to the Specification and /or
10、 Drawings (if any) which is instructed by the Employer under Sub-Clause 10.1.1.1.1 合同合同包括协议书以及协议书附录中所列出的文件。附录包括以下内 容:协议书专用条件通用条件规范图纸承包商提出的设计工程量表等 1.1.7 开工日期开工日期为协议书生效日后的第14天或双方商定的其他日期。1.1.13 业主的责任1.1.18 变更变更为业主根据变更条款(10.1)的规定下达指令,对规范或图纸做出的变动。 1119 工程工程为承包商承担的所有工作、设计,包括临时工程和变更。1.1.19 Works means all
11、the work and design (if any) to be performed by the Contractor including temporary work and any Variation1 2 解释 InterpretationWords importing persons or parties shall include firms and organisations. Words importing singular or one gender shall include plural or the other gender where the context re
12、quires.1 3 文件的优先次序 Priority of Documents按协议书附录中所列顺序来解释合同。The documents forming the Contract are to be taken as mutually explanatory of one another. If an ambiguity or discrepancy is found in the documents, the Employer shall issue any necessary instructions to the Contractor, and the priority of the
13、 documents shall be in accordance with the order as listed in the Appendix.14 法律 LawThe law of the Contract is stated in the Appendix.15 通讯交流 CommunicationsWherever provision is made for the giving or issue of any notice, instruction, or other communication by any person, unless otherwise specified
14、such communication shall be written in the language stated in the Appendix and shall not be unreasonably withheld or delayed.16 法定义务 Statutory ObligationsThe Contractor shall comply with the laws of the countries where activities are performed. The Contractor shall give all notices and pay all fees
15、and other charges in respect of the Works.2. 业主 The Employer2 1 提供现场 Provision of Site业主必须按照协议书附录中规定的时间向承包商提供现场以及进入现场的权利。The Employer shall provide the Site and right of access thereto at times stated in the Appendix.22 许可证与执照 Permits and Licences承包商可以要求业主协助其实施工程所需要的许可证、执照、标准等。The Employer shall, if requested by the Contractor, assist him in applying for permits, licences or approvals which are required for the Works.23 业主的指令 Employers Instructions承包商应遵守业主发出的指令,包括暂停工程。The Contractor shall com