加载中…香港特区建筑工程合同通用条款（英文版总目录）
(2024-10-17 11:09:28) | 分类： 工程招投标设计施工监理技术 |
THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
GENERAL CONDITIONS OF CONTRACT FOR BUILDING WORKS
1999 EDITION
1999版香港特区建筑工程合同通用条款（英文版总目录）
英文近2.5万字，word 文档。
DEFINITIONS AND INTERPRETATION
定义和解释
(1) Definitions
(2) Singular and
plural
(3) Marginal notes
(4) Payment
(5) Contract governed by Laws of Hong Kong
(5) 受香港法律管限的合約
ARCHITECT, ARCHITECT’S REPRESENTATIVE, SURVEYOR AND SURVEYOR’S REPRESENTATIVE
建筑师、建筑师代表、测量师及测量师代表
2 Duties and powers of the Architect, the Architect’s Representative, the Surveyor and the Surveyor’s Representative
2 建筑师、建筑师代表、测量师和测量师代表的职责和权力
ASSIGNMENT AND SUB-CONTRACTING
转让及分包
3 Assignment
4
Sub-contracting
CONTRACT DOCUMENTS
5 Documents mutually explanatory
5 相互说明的文件
6 Provision of Drawings and Specification
6 图纸和规范的提供
7 Drawings provided by the Contractor for the Works
7 承包人为工程提供的图纸
8 Information not to be divulged
8 不得泄露的信息
9 Use of English language
9 使用英语
GENERAL OBLIGATIONS
一般义务
10 Extent of Contract
10 合同范围
11 Contractor to execute Articles of Agreement
11 承包商签署协议条款
12 Sureties or security
12 担保或抵押
13 Inspection of the Site
13 现场踏勘
14 Sufficiency of Tender
14 投标书的充分性
15 Works to be to the satisfaction of the Architect
15 建筑师认可的工程
16 Programme to be furnished
16 提供施工计划
17 Contractor’s superintendence
17 承包商的监督
18 Contractor’s employees
18 承包商的雇员
19 Setting-out
20 Safety and security of the Works
20 工程的安全和保安
21 Care of the Works
21 工程的维护
22 Damage to persons and property
22 对人身和财产的损害
23 Design responsibility
23 设计责任
24 Interference with traffic and adjoining properties
24 对交通和毗邻财产的干扰
25 Remedy on failure to insure
25 因未投保而应采取的补救措施
26 Accident or injury to workers
26 工人意外或受伤
27 Contractor to give notice of injury
27 承包人应发出伤害通知
28 Patent rights and royalties
28 专利权和使用费
29 Giving of notices and payment of fees
29 发出通知和支付费用
30 Compliance with enactments and regulations
30 遵守立法和条例
31 Notices to be written in English and Chinese
31 通知应以中英文书写
32 Site diary and labour returns
32 工地日志和劳务报表
33 Fossils
34 Facilities for other persons
34 为其他人提供的便利
35 Clearance of the Site on completion
35 竣工后的工地清理
36 Publication of photographs of the Site or the Works
36 公布工地或工程的照片
37 Offering gratuities
38 Site
Cleanliness
LABOUR
39 Engagement of labour
40 Fair wages
41 Passes
MATERIALS AND WORKMANSHIP
材料和工艺
42 Quality of materials, workmanship and tests
42 材料、工艺和测试
43 Access to the Site and places of manufacture
43 进入工地和生产场所
44 Examination of work before covering up
44 覆盖前的工程检查
45 Uncovering and making openings
45 揭开和开洞
46 Removal of unsatisfactory material and work
46 拆除不合格的材料和工程
COMMENCEMENT, COMPLETION AND DELAYS
开工、竣工和延误
47 Commencement of the Works
47 工程开工
48 Possession of the Site
48 接收工地
49 Time for completion
49 竣工时间
50 Extension of time for completion
50 竣工时间的延长
51 Rate of progress
52 Liquidated damages for delay
52 延期的违约赔偿金
53 Completion of the Works
53 工程竣工
SUSPENSION OF THE WORKS
工程暂停
54 Suspension of the Works
54 工程暂停
55 Suspension lasting more than 90 days
55 暂停超过 90 天
MAINTENANCE AND DEFECTS
维修和缺陷
56 Execution of work of repair
56 维修工程的实施
57 Temporary reinstatement
57 临时恢复
58 Investigating defects
58 缺陷调查
MEASUREMENT, VARIATIONS, VALUATIONS AND CLAIMS
计量、变更、估价和索赔
59 Bills of Quantities and measurement or Schedules of Rates
59 工程量清单和计量或费率表
60 Variations
61 Valuing variations
61 变更估价
62 Daywork
63 Disturbance to the progress of the Works
63 干扰工程进度
64 Notice of claims
64 索賠通知
PRIME COST, PROVISIONAL AND CONTINGENCY SUMS
主要成本、暂定和应急费用
65 Use of Prime Cost, Provisional and Contingency Sums
65 主要成本、暂定和应急费用的使用
66 Varied form of sub-contract and objections to nomination
66 不同形式的分包合同及对指定发包人的异议
67 Accounting of Prime Cost Sums
67 主要费用金额的核算
68 Accounting of Provisional and Contingency Sums
68 临时和应急款项的核算
69 Payments to Nominated Sub-contractors
69 向指定分包商付款
70 Assignment of Nominated Sub-contractor’s obligations
70 指定分包商义务的转让
CONSTRUCTIONAL PLANT, TEMPORARY BUILDINGS AND MATERIALS
建筑设备、临时建筑和材料
71 Vesting of Constructional Plant and temporary buildings
71 建筑设备和临时建筑物的归属
72 Vesting of materials
72 材料的归属
73 Removal of Constructional Plant, temporary buildings and materials
73 施工设备、临时建筑物和材料的拆除
74 Hired and hire-purchase Constructional Plant
74 租用和租购建筑设备
75 Employer’s expense in entering into hire or hire-purchase agreement
75 雇主签订租用或租购协议的费用
76 Liability for loss or damage to Constructional Plant
76 建造机械遗失或损坏的法律责任
77 Incorporation of certain Clauses in sub-contracts
77 在分包合同中纳入某些条款
CERTIFICATES AND PAYMENTS
证书和付款
78 Contractor’s interim statements
78 承包商的中期报表
79 Interim payments, Retention Money and interest
79 临时付款、保留款和利息
80 Maintenance certificate
80 维护证书
REMEDIES AND POWERS
补救措施和权力
81 Determination of the Contractor’s employment
81 承包人雇佣的确定
82 Work by person other than the Contractor
82 承包人以外的人的工作
83 Recovery of money due to the Employer
83 追讨应付予雇主的款项
SPECIAL RISKS AND FRUSTRATION
特殊风险和合同履行受挫
84 Special risks
85 Frustration
SETTLEMENT OF DISPUTES
争议的解决
86 Settlement of disputes
86 争议的解决通知
NOTICES
87 Service of notices
87 通知的送达
DEFAULT OF THE EMPLOYER
雇主违约
88 Default of the Employer
88 雇主违约
FLUCTUATIONS
89 Contract price fluctuations
89 合同价格波动
HEIGHT RESTRICTIONS
高度限制
90 Airport height restrictions
90 机场限高
Annex Articles of Agreement
附件 协议条款
ASSIGNMENT AND SUB-CONTRACTING
3. The Contractor shall not assign the Contract or any interest therein without the written consent of the Employer and any assignment shall be in a form approved by the Employer.
4. (1) The Contractor shall not sub-contract the Works. The Contractor shall be permitted, unless expressly prohibited by the Contract, to sub-contract a part of the Works either on the basis of the provision by the sub-contractor of labour and materials or by the provision of labour.
(2) The Contractor shall be permitted to sub-contract a part of the Works on the basis of provision of Constructional Plant by the sub-contractor, provided that such sub-contracting is not expressly prohibited by the Architect in writing within a period of 14 days from receipt by the Architect of a request in writing from the Contractor.
(3) Notwithstanding that the Contract has not prohibited sub-contracting under sub-clause (1) of this Clause and the Architect has not prohibited sub-contracting under sub-clause (2) of this Clause the Architect, if in his opinion he considers it necessary, shall have full power to order the removal of any sub-contractor from the Site and/or the Works, which power shall not be exercised unreasonably.
(4) The sub-contracting of any part of the Works shall not relieve the Contractor from any liability or obligation under the Contract particularly in respect of the provision of superintendence in accordance with Clause 17 and he shall be responsible for the acts, defaults and neglects of any subcontractor or the agents, employees or workers of any sub-contractor as fully as if they were the acts, defaults or neglects of the Contractor, his agents, employees or workers.
(5) It shall be the duty of the Contractor if so required by the Architect to furnish the Architect
with full particulars of any sub-contractor employed or to be employed on the Works.
CONTRACT DOCUMENTS
5. (1) Save to the extent that any Special Condition of Contract provides to the contrary the provisions of these General Conditions of Contract shall prevail over those of any other document
forming part of the Contract.
(2) Subject to the foregoing 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 by the Architect who shall issue to the Contractor instructions clarifying such ambiguities or discrepancies. Where the Contractor makes a request in writing to the Architect for instructions under this sub-clause the Architect shall respond within 14 days of receipt of such request. Provided that:
(a) errors in firm quantities or work shown on the Drawings or described in the Specification but not measured in the Bills of Quantities shall be dealt with in accordance with Clause 59;
(b) if in the opinion of the Surveyor compliance with such instructions shall involve the Contractor in any expense which by reason of any ambiguity or discrepancy the Contractor did not and had no reason to anticipate, the Surveyor shall value such expense in accordance with Clause 61, and shall certify in accordance with Clause 79;
(c) if in the opinion of the Surveyor compliance with such instructions shall involve the Contractor in any saving then the Surveyor shall value such saving and deduct the same from the Contract Sum accordingly.
6. (1) Two copies of the Contract and two additional copies of the Drawings shall be furnished to
the Contractor free of charge.
(2) The Architect shall within 14 days of receiving a request in writing from the Contractor provide the Contractor with any further copies of the Drawings requested by the Contractor upon
payment at the standard rate laid down from time to time by the Employer.
(3) The Architect shall issue to the Contractor from time to time during the progress of the Works such other Drawings and Specification as in the opinion of the Architect shall be necessary for the purpose of the execution of the Works and the Contractor shall be bound by the same.
(4) The Contractor shall give adequate notice in writing to the Architect of other Drawings or Specification that may be required for the execution of the Works.
(5) One copy of the Drawings furnished to 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 Architect and the Architect’s Representative and by the Surveyor and the Surveyor’s Representative and by any other person authorized by the Architect in writing.
(6) At the completion of the Works the Contractor, if required by the Architect or the Surveyor, shall return to the Architect all Drawings and other Contract documents provided under the Contract, other than the Contractor’s signed copy of such Drawings or documents.
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