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FIDIC合同一般规定
General Provisions of FIDIC
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General Provisions of FIDIC
General Provisions of FIDIC
International Advisory Engineer Association
Keyword：FIDIC，Contract，laws
·General Provisions 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. The Contract
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.
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2. “Contract Agreement” means the contract agreement referred to in Sub-Clause 1.6 [Contract Agreement], including any annexed memoranda.
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.
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.
5. “Performance Guarantees” and “Schedule of payments” mean the documents so named (if any), as included in the Contract. Parties and Persons
1. “Party” means the Employer or the Contractor, as the context requires.
2. “Employer” means the person named as employer in the Contract Agreement and the legal successors in title to this person.
3. “Contractor” means the person(s) named as contractor in the Contract Agreement and the legal successors in title to this person(s).
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General Provisions of FIDIC
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.
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.
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, lab our 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.
7. “Contractor’s Personnel” means the Contractor’s Representative and all personnel whom the Contractor utilizes on Site, who may include the staff, lab our and other employees of the Contractor and of each Subcontractor, and any other personnel assisting the Contractor in the execution of the works.
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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. 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]. 10.
“FIDIC”
means
the
Federation
International
des
Ingenieurs-Conseils, the international federation of consulting engineers.
Dates, Test, Periods and Completion
1. “Base Date” means the date 28 days prior to the latest date for submission of the Tender.
2. “Commencement Date” means the date notified under Sub-Clause 8.1 [Commencement of Works], unless otherwise defined in the Contract Agreement.
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.
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