General Conditions General Provisions
1.1
Definitions
In the Conditions of Contract (\Conditions\which include Particular Conditions and these General Conditions, the following words and expressions shall have the meanings stated. Words indicating persons or parties include corporations and other legal entities, except where the context requires otherwise.
1.1.1 The Contract
1.1.1.1 \means the Contract Agreement, these Conditions, the
Employer's Requirements, the Tender, and the further documents (if any) which are listed in the Contract Agreement. 1.1.1.2 \Agreement\means the contract agreement referred to in
Sub-Clause 1.6 [Contract Agreement], including any annexed memoranda. 1.1.1.3 \
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. 1.1.1.4 \means the Contractor's signed offer for the Works and all
other documents which the Contractor submitted therewith (other than these Conditions and the Employer's Requirements, if so submitted), as included in the Contract 1.1.1.5 \Guarantees\and \of Payments\mean the
documents so named (if any), as included in the Contract.
1.1.2 Parties and Persons
1.1.2.1 \means the Employer or the Contractor, as the context
requires. 1.1.2.2 \means the person named as employer in the Contract
Agreement and the legal successors in title to this person. 1.1.2.3 \means the person(s) named as contractor in the
Contract Agreement and the legal successors in title to this
1
person(s).
1.1.2.4 \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. 1.1.2.5 \Representative\means the person named by the
Contractor in the Contract or appointed from time to time by the Contractor under Sub-Clause 4.3 [Contractor's Representative], who acts on behalf of the Contractor. 1.1.2.6 \Personnel\means the Employer's Representative, the
assistants referred to in Sub-Clause 3.2 [Other Employer's Personnel] and all other staff, labour 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. 1.1.2.7 \
all personnel whom the Contractor utilises on Site, who may include the staff, labour and other employees of the Contractor and of each Subcontractor; and any other personnel assisting the Contractor in the execution of the Works. 1.1.2.8 \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. 1.1.2.9 \
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]. 1.1.2.10 \
the international federation of consulting engineers.
1.1.3 Dates, Tests, Periods and Completion
1.1.3.1 \Date\means the date 28 days prior to the latest date for
submission of the Tender. 1.1.3.2 \Date\means the [Commencement of Works],
unless Agreement. date notified under Sub-Clause 8.1otherwise defined in the Contract 1.1.3.3 \
2
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 [Extension of Time for Completion]), calculated from the Commencement Date.
1.1.3.4 \on Completion\means the tests which are specified in
Contract or agreed by both Parties or instructed as a Variation, and which are carried out under Clause 9 [Tests on Completion] before the Works or a Section (as the case may be) are taken over by the Employer 1.1.3.5 “Taking-Over Certificate\
[Employer's Taking Over] 1.1.3.6 \
in the Contract and which are carried out under Clause 12 [Tests after Completion] after the Works or a Section (as the case may be) are taken by the Employer 1.1.3.7 \
the Works or a Section (as the case may be) under Sub-Clause 11.1 [Completion of Outstanding Work and Remedying Defects], as stated in the Particular Conditions (with any extension under Sub-Clause 11.3 [Extension of Defects Notification Period]．calculated from the date on which the Works or Section is completed as certified under Sub-Clause 10.1 [Taking Over of the Works and Sections]. If no such period is stated in the Particular Conditions, the period shall be one year. 1.1.3.8 \Certificate\means the certificate issued under
Sub-Clause 11.9 [Performance Certificate]. 1.1.3.9 \
1.1.4 Money and Payments
1.1.4.1 \Price\means the agreed amount stated in the Contract
Agreement for the design, execution and completion of the Works and the remedying of any defects, and includes adjustments (if any) in accordance with the Contract. 1.1.4.2 \
by the Contractor, whether on or off the Site, including overhead and similar charges, but does not include profit. 1.1.4.3 \
[Application for Final Payment].
3
Fidic合同(英文)通用条款(EPC)
