Amendments to the FIDIC Conditions of Contract for Construction for Building

and Engineering Works Designed by the Employer, Second Edition 2017

对FIDIC第二版 2017《雇主设计的建造和工程施工合同条件》的修订

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FIDIC于2022年11月发布第三套修正案，自2023年1月1日起生效，对2017版FIDIC 红皮书（由业主设计的建筑和工程施工合同条件）做了重大修订，对通用条款修订72处，其中9个条款全部更换新内容；专用条款修订25处，其中5个条款全部更换新内容。为了便于读者区别2017原版和2023修订版，我们对2023修订本用红色字体表明修订后的内容，用蓝色字体做注释，说明具体修改或变换的情况。

示例：

If the Engineer does not give the Notice of determination within the relevant time limit:

如果工程师未在有关期限内通知决定的：

注：这里删除原" agreement or "。

(i) in the case of a Claim, the Engineer shall be deemed to have given a determination rejecting the Claim; or

如属索赔，工程师应被视为或已作出拒绝该项索赔的决定；或

(ii) in the case of a matter to be agreed or determined under sub-paragraph (a) of Sub-Clause 3.7 [Agreement or Determination ], the matter shall be deemed to be a Dispute which may be referred by either Party to the DAAB for its decision under Sub-Clause 21.4 [Obtaining DAAB’s Decision] without the need for a NOD (and Sub-Clause 3.7.5 [Dissatisfaction with Engineers determination] and sub-paragraph (a) of Sub-Clause 21.4.1 [Reference of a Dispute to the DAAB] shall not apply).

注：增加了under sub-paragraph (a) of Sub-Clause 3.7 [ Agreement or Determination ]

如果是根据第3.7条[商定或确定](a)项商定或确定的事项，该事项应被视为争议，任何一方都可根据第21条将其提交给争端裁决委员会作出裁决。 第3.7.5条[对工程师裁决不满]和第21.4.1条[将争议提交仲裁委员会]的(a)项应不适用）。

After a Part has been taken over or is deemed to have been taken over, the Contractor shall be given the earliest opportunity to take such steps as may be necessary to carry out the outstanding work (including Tests on Completion) and/or remedial work for any defects listed in the certificate. The Contractor shall carry out these works as soon as practicable and, in any case, before the expiry date of the relevant DNP.

在部分工程被接收或被认为已被接收之后，承包商应尽早采取必要措施，对证书中列出的任何缺陷进行尚未完成的工作（包括竣工试验）和/或补救工作。承包商应在切实可行范围内尽快实施这些工程，并在任何情况下，在相关缺陷通知期的有效期前进行。

注：将“the Engineer has issued a Taking-Over Certificate for a Part” 改为 “a Part has been taken over or is deemed to have been taken over”.

If the Contractor incurs Cost as a result of the taking over or deemed taking over of a Part, the Contractor shall be entitled subject to Sub-Clause 20.2 [Claims For Payment and/or EOT] to payment of such Cost Plus Profit.

如果承包人因接收或被视为接收某部分而产生费用，承包人应有权根据第20.2条[付款要求和/或工期延展]的规定，支付该费用加利润。

注：将“the Employer taking over and/or using a Part”改为“the taking over or deemed taking over of a Part”.

For any period of delay after the date that a Part has been taken over or is deemed to have been taken over, the Delay Damages for completion of the Works or the Section (as the case may be) in which this Part is included shall be reduced. This reduction shall be calculated as the proportion which the value of the Part (except the value of any outstanding works and/or defects to be remedied) bears to the value of the Works or Section (as the case may be) as a whole. The Engineer shall proceed under Sub-Clause 3.7 [ Agreement or Determination ] to agree or determine this reduction (and, for the purpose of Sub-Clause 3.7.3 [ Time limits ], the date the Engineer issues the Taking-Over Certificate under the first paragraph of, or receives the Contractor’s Notice under the second paragraph of, this Sub-Clause (as the case may be) shall be the date of commencement of the time limit for agreement under Sub-Clause 3.7.3).The provisions of this paragraph shall only apply to the daily rate of Delay Damages, and shall not affect the maximum amount of these damages.

注：本条调整为新的内容。

(d)  if, after the Parties have agreed the appointment of the member(s) or replacement, such appointment cannot be effected because one Party refuses or fails to sign a DAAB Agreement with any such member or replacement (as the case may be) within 14 days of the other Party’s request to do so, or because the terms of the DAAB Agreement (including the amount of the monthly fee or the daily fee) cannot be agreed with the member or replacement within 14 days after he/she has been advised by the Parties that they have agreed to his/her appointment,

注：在原结尾“to do so,” 后面加上:

 “, or because the terms of the DAAB Agreement (including the amount of the monthly fee or the daily fee) cannot be agreed with the member or replacement within 14 days after he/she has been advised by the Parties that they have agreed to his/her appointment,”.