加载中…FIDIC（红皮书87版）土木工程施工合同条件 英文版
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ENGINERING CONSTRUCTION
FOURTH EDITION 1987
REPRINTED 1988 WITH EDITORIAL AMENDMENTS
REPRINTED 1992 WITH FUTHER AMENDMENTS
PART I - GENERAL CONDITIONS of CONTRACT
Definitions and Interpretation
1.1 Definitions
1.2 Headings and Marginal
Notes
1.3
Interpretation
1.4 Singular and
Plural
1.5 Notices, Consents,
Approvals, Certificates and Determinations
Engineer and Engineer's Representative
2.1 Engineer's Duties and
Authority
2.2 Engineer's Representative
2.3 Engineer's Authority to
Delegate
2.4 Appointment of
Assistants
2.5 Instructions in
Writing
2.6 Engineer to Act
impartially
Assignment and
Subcontracting
3.1 Assignment of
Contract
4.1 Subcontracting
4.2 Assignment of
Subcontractors' Obligations
Contract
Documents
5.1 Language/s and
Law
5.2 Priority of Contract
Documents
6.1 Custody and Supply of Drawings and Documents
6.2 One of Copy of Drawings to be Kept on Site
6.3 Disruption of
Progress
6.4 Delays and Cost of Delay
of Drawings
6.5 Failure by Contractor to Submit Drawings
7.1 Supplementary Drawings
and Instructions
7.2 Permanent Works Designed
by Contractor
7.3 Responsibility
Unaffected by Approval
General Obligations
8.1 Contractor's General
Responsibilities
8.2 Site Operations and Methods of Construction
9.1 Contract Agreement
10.1 Performance
Security
10.2 Period of Validity of
Performance Security
10.3 Claims under
Performance Security
11.1 Inspection of
Site
12.1 Sufficiency of
Tender
12.2 Adverse Physical
Obstructions or Conditions
13.1 Work to be in
Accordance with Contract
14.1 Programme to be
Submitted
14.2 Revised
Programme
14.3 Cash Flow Estimate to
be Submitted
14.4 Contractor not Relieved
of Duties or Responsibilities
15.1 Contractor's
Superintendence
16.1 Contractor's Employees
16.2 Engineer at Liberty to Object
17.1 Setting-out
18.1 Boreholes and
Exploratory Excavation
19.1 Safety, Security and
Protection of the Environment
19.2 Employer’s
Responsibilities
20.1 Care of
Works
20.2 Responsibility to
Rectify Loss or Damage
20.3 Loss or Damage due to
Employer's Risks
20.4 Employer's
Risks
21.1 Insurance of Works and Contractor's Equipment
21.2 Scope of
Cover
21.3 Responsibility for
Amounts not Recovered
21.4 Exclusions
22.1 Damage to Persons and
Property
22.2 Exceptions
22.3 Indemnity by
Employer
23.1 Third Party Insurance
(including Employer's Property)
23.2 Minimum Amount of
Insurance
23.3 Cross
Liabilities
24.1 Accident or injury to
Workmen
24.2 Insurance Against
Accident to Workmen
25.1 Evidence and Terms of
Insurances
25.2 Adequacy of Insurances
25.3 Remedy on Contractor's
Failure to Insure
25.4 Compliance with Policy
Conditions
26.1 Compliance with
Statutes, Regulations
27.1 Fossils
28.1 Patent
Rights
28.2 Royalties
29.1 Interference with
Traffic and Adjoining Properties
30.1 Avoidance of Damage to
Roads
30.2 Transport of Contractor's Equipment or Temporary Works
30.3 Transport of Materials
or Plant
30.4 Waterborne Traffic
31.1 Opportunities for Other
Contractors
31.2 Facilities for Other
Contractors
32.1 Contractor to Keep Site
Clear
33.1 Clearance of Site on
Completion
Labour
34.1 Engagement of Staff and
Labour
35.1 Return of Labour and
Contractor's Equipment
Materials, Plant and Workmanship
36.1 Quality of Materials,
Plant and Workmanship
36.2 Cost of
Samples
36.3 Cost of
Tests
36.4 Cost of Tests not
Provided for
36.5 Engineer's
Determination where Tests not Provided for
37.1 Inspection of
Operations
37.2 Inspection and Testing
37.3 Dates for Inspection
and Testing
37.4 Rejection
37.5 Independent
Inspection
38.1 Examination of Work
before Covering up
38.2 Uncovering and Making Openings
39.1 Removal of Improper
Work, Materials or Plant
39.2 Default of Contractor
in Compliance
Susn
40.1 Susn of
Work
40.2 Engineer’s
Determination following Susn
40.3 Susn lasting more than
84 Days
Commencement and
Delays
41.1 Commencement of
Works
42.1 Possession of Site and Access Thereto
42.2 Failure to Give
Possession
42.3 Way-leaves and
Facilities
43.1 Time for
Completion
44.1 Extension of Time for Completion
44.2 Contractor to Provide Notification and Detailed Particulars
44.3 Interim Determination
of Extension
45.1 Restriction on Working
Hours
46.1 Rate of
Progress
47.1 Liquidated Damages for
Delay
47.2 Reduction of Liquidated Damages
48.1 Taking-Over
Certificate
48.2 Taking Over of Sections
or Parts
48.3 Substantial Completion
of Parts
48.4 Surfaces Requiring Reinstatement
Defects
Liability
49.1 Defects Liability
Period
49.2 Completion of
Outstanding Work and Remedying Defects
49.3 Cost of Remedying
Defects
49.4 Contractor's Failure to
Carry Out Instructions
50.1 Contractor to
Search
Alterations, Additions and
Omissions
51.1 Variations
51.2 Instructions for
Variations
52.1 Valuation of
Variations
52.2 Power of Engineer to
Fix Rates
52.3 Variations Exceeding 15
per cent
52.4 Day-work
Procedure for
Claims
53.1 Notice of
Claims
53.2 Contemporary
Records
53.3 Substantiation of Claims
53.4 Failure to
Comply
53.5 Payment of Claims
Contractor's Equipment,
Temporary Works and Materials
54.1 Contractor's Equipment,
Temporary Works & Materials ; Exclusive Use for the
Works
54.2 Employer not Liable for
Damage
54.3 Customs Clearance
54.4 Re-export of
Contractor’s Equipment
54.5 Conditions of Hire of
Contractor‘s Equipment
54.6 Costs for the Purpose
of Clause 63
54.7 Incorporation of Clause
in Subcontracts
54.8 Approval of Materials
not Implied
Measurement
55.1 Quantities
56.1 Works to be
measured
57.1 Method of
Measurement
57.2 Breakdown of Lump Sum
Items
Provisional Sums
58.1 Definition of
“Provisional Sum”
58.2 Use of Provisional
Sums
58.3 Production of Vouchers
Nominated Subcontractors
59.1 Definition of
“Nominated Subcontractors”
59.2 Nominated Subcontractors ; Objection to Nomination
59.3 Design Requirements to
be Expressly Stated
59.4 Payments to Nominated
Subcontractors
59.5 Certification of
Payments to Nominated Subcontractors
Certificates and
Payment
60.1 Monthly
Statements
60.2 Monthly Payments
60.3 Payment of Retention Money
60.4 Correction of
Certificates
60.5 Statement at
Completion
60.6 Final
Statement
60.7 Discharge
60.8 Final
Certificate
60.9 Cessation of Employer‘s
Liability
60.10 Time for
Payment
61.1 Approval only by
Defects Liability Certificate
62.1 Defects Liability
Certificate
62.2 Unfulfilled
Obligations
Remedies
63.1 Default of
Contractor
63.2 Valuation at Date of
Termination
63.3 Payment after
Termination
63.4 Assignment of Benefit
of Agreement
64.1 Urgent Remedial
Work
Special Risks
65.1 No Liability for Special Risks 50
65.2 Special
Risks
65.3 Damage to Works by
Special Risks
65.4 Projectiles,
Missiles
65.5 Increased Costs arising
from Special Risks
65.6 Outbreak of
War
65.7 Removal of Contractor’s
Equipment on Termination
65.8 Payment if Contract
Terminated
Settlement of
Disputes
67.1 Engineer’s
Decision
67.2 Amicable
Settlement
67.3 Arbitration
67.4 Failure to Comply with Engineer’s Decision
Notices
68.1 Notice to
Contractor
68.2 Notice to Employer and
Engineer
68.3 Change of Address
Default of
Employer
69.1 Default of
Employer
69.2 Removal of Contractor‘s
Equipment
69.3 Payment on
Termination
69.4 Contractor‘s
Entitlement to Suspend Work
69.5 Resumption of
Work
Changes in Cost and
Legislation
70.1 Increase or Decrease of
Cost
70.2 Subsequent
Legislation
Currency and Rates of
Exchange
71.1 Currency
Restrictions
72.1 Rates of Exchange
72.2 Currency
Proportions
72.3 Currencies of Payment
for Provisional Sums
REFERENCE TO PART
II
PART I - GENERAL CONDITIONS of CONTRACT
Definitions and Interpretation
1.1 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 :
a.
b.
c.
d.
e.
f.
g.
1.2 Headings and Marginal Notes
The headings and marginal notes in these Condition shall not be deemed part thereof or be taken into consideration in the interpretation or construction thereof or of the Contract.
1.3 Interpretation
Words importing persons or parties shall include firms and corporations and any organization having legal capacity.
1.4 Singular and Plural
Words importing the singular only also include the plural and vice versa where the context requires.
1.5 Notices, Consents, Approvals, Certificates and Determinations
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 words "notify", "certify" or "determine" shall be construed accordingly. Any such consent, approval, certificate or determination shall not unreasonably be withheld or delayed.
Engineer and Engineer's Representative
2.1 Engineer's Duties and Authority
a.
b.
c.
2.2 Engineer's Representative
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 delegate to him by the Engineer under Sub-Clause 2.3.
2.3 Engineer's Authority to Delegate
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 thereof has been delivered to the Employer and the Contractor.
Any communication given by the Engineer's Representative to the Contractor in accordance with such delegation shall have the same effect as though it has been given by the Engineer. provided that :
a.
b.
2.4 Appointment of Assistants
The Engineer or the Engineer's representative may appoint any number of person to assist the Engineer's Representative in the carrying out of his duties under Sub-Clause 2.2. He shall notify to the Contractor the names, duties and scope of authority of such person. Such assistants shall have no authority to issue any instructions to the Contractor save in so far as such instructions may be necessary to enable them 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.
2.5 Instructions in Writing
Instructions given by the Engineer shall be in writing, provided that if for any reason the Engineer considers 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, it 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 Engineer's Representative appointed pursuant to Sub-Clause 2.4.
2.6 Engineer to Act impartially
Wherever, under the Contract, the Engineer is required to exercise his discretion by :
a.
b.
c.
d.
he 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 67.
Assignment and Subcontracting
3.1 Assignment of Contract
The Contractor shall not, without the prior consent of the Employer (which consent, notwithstanding the provisions of Sub-Clause 1.5, 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.
b.
4.1 Subcontracting
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 hat the Contractor shall not be required to obtain such consent for :
a.
b.
c.
4.2 Assignment of Subcontractors' Obligations
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, assign to the Employer, at the Employer’s request and cost, the benefit of such obligation for the un-expired duration thereof.
Contract Documents
5.1 Language/s and Law
There is stated in Part II of these Conditions :
a.
b.
If the said documents are written in more than one language, the language according to which the Contract shall be construed and interpreted is also stated in Part II of these Conditions, being therein designated the "Ruling Language".
5.2 Priority of Contract Documents
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 :
a.
b.
c.
d.
e.
f.
6.1 Custody and Supply of Drawings and Documents
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 purpose 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 to the Engineer all Drawings, Specification and other documents provided under the Contract.
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 Clause 7, 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.
6.2 One of Copy of Drawings to be Kept on Site
One copy of the Drawings, provided to or supplies by the Contractor as aforesaid, shall be kept by the Contractor on the Site and the same shall at all reasonable times be available for inspection and use by the Engineer and by any other person authorised by the Engineer in writing.
6.3 Disruption of Progress
The Contractor shall give notice to the Engineer, with a copy to the Employer, whenever planning or execution of the Works is 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 it is required and of any delay or disruption likely to be suffered if it is late.
6.4 Delays and Cost of Delay of Drawings
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 Sub-Clause 6.3, the Contractor suffers delay and/or incurs costs then the Engineer shall, after due consultation with the Employer and the Contractor, determine :
a.
b.
6.5 Failure by Contractor to Submit Drawings
If the failure or inability of the Engineer to issue any drawings or instructions is caused in whole or in part by 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 Sub-Clause 6.4.
7.1 Supplementary Drawings and Instructions
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.
7.2 Permanent Works Designed by Contractor
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.
b.
7.3 Responsibility Unaffected by Approval
Approval by the Engineer, in accordance with Sub-Clause 7.2, shall not relieve the Contractor of any of his responsibilities under the Contract.
General Obligations
8.1 Contractor's General Responsibilities
The Contractor shall, with the due care and diligence, design (to the extent provided for by the Contract), execute and complete the Works and remedy any defects therein accordance with the provisions of the Contract. The Contractor shall provide all superintendence, labour, materials, Plant, Contractor's Equipment and all other things, whether of a temporary or permanent nature, required in and for such design, execution, completion and remedying of any defects, so far as the necessity for providing the same is specified in or is reasonably to be inferred from the Contract.
8.2 Site Operations and Methods of Construction
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 nor prepared by the Contractor. Where the Contract expressly provides that part 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.
9.1 Contract Agreement
The Contractor shall, if called upon so to do, enter into 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.
10.1 Performance Security
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 Letter of Acceptance, in the sum stated 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 the form annexed to these Conditions or in such other 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 the Clause shall be borne by the Contractor, unless the Contract otherwise provides.
10.2 Period of Validity of Performance Security
The performance security shall be valid until the Contractor has executed and completed the Works and remedied any defects therein accordance with the Contract. No claim shall be made against such security after the issue of the Defects Liability Certificate in accordance with Sub-Clause 62.1 and such security shall be returned to the Contractor within 14 days of the issue of the said Defects Liability Certificate.
10.3 Claims under Performance Security
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 be made.
11.1 Inspection of Site
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.
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.
b.
c.
d.
and, in general, shall be deemed to have obtained all necessary information, subject as above mentioned, as to risks, contingencies and all other circumstances which 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.
12.1 Sufficiency of Tender
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 matters and things necessary for the things necessary for the proper execution and completion of the Works and the remedying of any defects therein.
12.2 Adverse Physical Obstructions or Conditions
If, however, during the execution of the Works the Contractor encounters physical obstructions or physical conditions, other than climatic conditions on the Site, 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. On receipt 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.
b.
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 from the Engineer.
13.1 Work to be in Accordance with Contract
Unless it 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 Clause 2, form the Engineer's Representative.
14.1 Programme to be Submitted
The Contractor shall, within the time stated in Part Ii of 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.
14.2 Revised Programme
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 Sub-Clause 14.1, 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.
14.3 Cash Flow Estimate to be Submitted
The Contractor shall, within the time stated in Part II of 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.
14.4 Contractor not Relieved of Duties or Responsibilities
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.
15.1 Contractor's Superintendence
The Contractor shall provide all necessary superintendence during the execution of the Works and as long thereafter as the Engineer may consider necessary for the proper fulfilling of the Contractor's obligations under the Contract. The Contractor, or a competent and authorised representative approved of by the Engineer, which approval may at any time be withdrawn, shall give his whole time to the superintendence of the Works Such authorised representative shall receive, on behalf of the Contractor, instructions from the Engineer or, subject to the provisions of Clause 2, the Engineer's Representative.
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.
16.1 Contractor's Employees
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.
b.
16.2 Engineer at Liberty to Object
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, misconduct himself, or is incompetent or negligent in the proper performance of his duties, 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.
17.1 Setting-out
The Contractor shall be responsible for :
a.
b.
c.
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 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 and addition to the Contract Price in accordance with Clause 52 and shall notify the Contractor accordingly, with a copy to the Employer.
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.
18.1 Boreholes and Exploratory Excavation
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.
19.1 Safety, Security and Protection of the Environment
The Contractor shall, throughout the execution and completion of the Works and the remedying of any defects therein :
a.
b.
c.
19.2 Employer’s Responsibilities
If under Clause 31 the Employer shall carry out work in the Site with is own workmen he shall, in respect of such work :
a.
b.
If under Clause 31 the Employer shall employ other contractors on the Site he shall require them to have the same regard for safety and avoidance of danger.
20.1 Care of Works
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.
b.
20.2 Responsibility to Rectify Loss or Damage
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 Sub-Clause 20.4, 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 n the course of any operations carried out by him for the purpose of complying with his obligations under Clauses 49 and 50.
20.3 Loss or Damage due to Employer's Risks
In the event of any such loss or damage happening from any of the risks defined in Sub-Clause 20.4, 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 52 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.
20.4 Employer's Risks
The Employer's risks are :
a.
b.
c.
d.
e.
f.
g.
h.
21.1 Insurance of Works and Contractor's Equipment
The Contractor shall, without limiting his or the Employer's obligations and responsibilities under Clause 20, insure :
a.
b.
c.
21.2 Scope of Cover
The insurance in paragraphs (a) and (b) of Sub-Clause 21.1 shall be in the joint names of the Contractor and the Employer and the Employer and shall cover :
a.
b.
c.
21.3 Responsibility for Amounts not Recovered
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 Clause 20.
21.4 Exclusions
There shall be no obligation for the insurance in Clause 21.1 to include loss or damage caused by
a.
b.
c.
d.
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