作业帮求工程管理方面或工程方面的英文文献!
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求工程管理方面或工程方面的英文文献!
word打开a4纸5号字不能少于3页,最好有中文翻译.
word打开a4纸5号字不能少于3页,最好有中文翻译.
Article 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:
1.1 "mployer" means the person named as such in this contract and the legal successors in title to such person, but not (except with the consent of the Contractor) any assignee of such person.
1.2 "Contractor" means the person whose tender has been accepted by the Employer and the legal successors in title to such person but not (except with the consent of the Employer) any assignee of such person.
1.3 "Subcontractor" means any person named in the Contract as a Subcontractor for a part of the Works or any person to whom a part of the Works has been subcontracted with the consent of the Engineer and the legal successors in title to such person, but not any assignee of any such person.
1.4 "Engineer" means the person appointed by the Employer to act as Engineer for the purposes of the Contract and named as such in this Contract.
1.5 "Engineer" Representative means a person appointed from time to time by the Engineer under Clause 9.2.
1.6 "Contract" means this Contract, the Specification, the Drawings, the Bill of Quantities, the Tender, the Letter of Acceptance, the Contract Agreement (if completed) and such further documents as may be expressly incorporated in the Letter of Acceptance or the Contract Agreement (if completed).
1.7 "Specification" means the specification of the Works included in the Contract and modification thereof or addition thereto made under Clause 95 or submitted by the Contractor and approved by the Engineer.
1.8 "Drawings" means all drawings, calculations and technical information of a like nature provided by the Engineer to the Contractor under the Contract and all drawings, calculations, samples, patterns, models, operation and maintenance manuals and other technical information of a like nature submitted by the Contractor and approved by the Engineer.
1.9 "Bill of Quantities" means the priced and completed bill of quantities forming of the Tender.
1.10 "Tender" means the Contractor's priced offer to the Employ for the execution and completion of the Works and the remedying of any defects therein in accordance with the provisions of the Contract, as accepted by the Letter of Acceptance.
1.11 "Letter of Acceptanc" means the formal acceptance by the Employer of the Tender.
1.12 "Contract Agreement" means the contract agreement (if any) referred to in Clause 26.
1.13 "Appendix to Tender" means the contract agreement (if any) referred to in Clause 16.
1.14 "Commencement Date" means the date upon which the Contractor receives the including plant in notice to commence issued by the Engineer pursuant to Clause 74.
1.15 "Time for Completion" means the time for completing the execution of and passing the Tests on Completion of the Works or any Section or part thereof as stated in the Contract calculated from the Commencement Date.
1.16 "Tests on Completion" means the tests specified in the Contract or otherwise agreed by the Engineer and the Contractor which are to be made by the Contractor before the Works or any Section or part thereof are taken over by the Employer.
1.17 "Taking-Over Certificate" means a certificate issued pursuant to Clause 81.
1.18 "Contract Price" means the sum stated in the Letter of Acceptance as payable to the Contractor for the execution and completion of the Works and the remedying of any defects therein accordance with the provisions of the Contract.
1.19 "Retention Money" means the aggregate of all mommies retained by the Employer pursuant to Clause 92.2 (a).
1.20 "Works" means the Permanent Works and the Temporary Works or either of them as appropriate.
1.21 "Permanent Works" means the permanent works to the executed concluding plant in accordance with the contract.
1.22 "Temporary works" means all temporary works of every kind (other than Contractor's Equipment) required in or about the execution and completion of the Works and remedying of any defects therein.
1.23 "Plant" means machinery, apparatus and the like intended to form or forming part of the Permanent Works.
1.24 "Contractor Equipment" means all appliances and things of whatsoever nature (other than Temporary Works) required for the execution and completion of the Works and the remedyingof any defects therein, but dose not include Plant, materials or other things intended to form or forming part of the Permanent Works.
1.25 "Section" means a part of the Works specifically identified in the Contract as a Section.
1.26 "Site" means the places provided by the Employer where the Works are to be executed and any other places as may be specifically designated in the Contract as forming part of the Site.
1.27 "Cost" means all expenditure properly incurred or to be incurred, whether on or off the site, including overhead and other charges properly allocable thereto but dose not include any allowance for profit.
1.28 "Day" means calendar day.
1.29 "Foreign" Currency means a currency of a country other than that in which the Works are to be located.
1.30 "Writing" means any hand-written, type-written, or printed communication,including telex, cable and facsimile transmission.
Article 2 Interpretation
2.1 Words importing persons or parties shall include firms and corporations and any organization having legal capacity.
Article 3 Singular and plural
3.1 Words importing the singular only also include the plural and vice versa where the context requires.
Article 4 Notices, Consents, Approvals, Certificates and Determinations
4.1 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 orks"notify""certify"or"determine"
shall be construed accordingly. Any such consent, approval, certificate or determination shall not unreasonably be withheld or delayed.
Chapter 2 Content and Scope of Contract
Article 5 General Provision
5.1 Content and scope of this Contract shall be stipulated in the Appendix including construction erection and maintenance. Unless otherwise provided in the Contract, it includes providing labours, materials, equipments for the construction, erection and maintenace.
Article 6 Scope of the Contractor Work
Article 7 Scope of the Employer's Work
Chapter 3 Engineer and Engineer's Representative
Article 8 Engineer's Duties and Authority
8.1 The Engineer shall carry out the duties specified in the Contract.
8.2 The Engineer may exercise the authority specified in or necessarily to be implied from the Contract. Provided, however, that if the Engineer is required, under the terms of his appointment by the Employer, to obtain the specific approval of the Employer before exercising any such authority, particulars of such requirements shall be set out in the Contract, provided further that any requisite approval shall be deemed to have been given by the Employer for any such authority exercised by the Engineer.
8.3 Except as expressly stated in the Contract, the Engineer shall have no authority to relieve the Contractor of any of his obligations under the Contract.
Article 9 Engineer's Representative
9.1 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 delegated to him by the Engineer under Clause 9.2 and 9.3.
9.2 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 there of has been delivered to the Employer and the Contractor.
9.3 Any communication given by the Engineer's Representative to the Contractor in accordance with such delegation shall have the same effect as though it had been given by the Engineer, Provided that:
(a) any failure of the Engineer's Representative to disapprove any work, materials or Plant shall not prejudice the authority of the Engineer to disapprove such work, materials or Plant and to give instructions for the rectification thereof;
(b) if the Contractor questions any communication of the Engineer's Representative he may refer the matter to the Engineer who shall conform, reverse or vary the contents of such communication.
9.4 The Engineer or the Engineer's Representative may appoint any number of persons to assist the Engineer's Representative in the carrying out of his duties under Clause 9.1. His shall notify to the Contractor the names, duties and scope of authority of such persons. Such assistants shall have not authority to issue any instructions to the Contractor save in so far as such instructions may be necessary to enable them to 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.
Article 10 Instructions in Writing
10.1 Instructions given by the Engineer shall be in writing, provided that if for any reason the Engineer consider 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, if 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 Enginee's Representative appointed pursuant to Clause 9.4.
Article 11 Engineer to Act Impartially
11.1 Wherever, under the Contract, the Engineer is required to exercise his discretion by:
(a) giving his decision, opinion or consent, or
(b) expressing his satisfaction or approval, or
(c) determining value, or
(d) otherwise taking action which may affect the rights and obligations of the Employer or the Contractor 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 99.
Chapter 4 Assignment and Subcontracting
Article 12 Assignment of Contract
12.1 The Contractor shall not, without the prior consent of the Employer (which consent, notwithstanding the provisions of Clause 4, 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) a charge in favour of the Contractor's bankers of any money due or to become due under the Contract, or
(b) assignment to the Contractor's insurers (in cases where the insurers have discharged the Contractor's loss or liability) of the Contractor's right to obtain relief against any other party liable.
Article 13 Subcontracting
13.1 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 that the Contractor shall not be required to obtain such consent for:
(a) the provision of labour, or
(b) the purchase of materials which are in accordance with the standards specified in the Contract, or
(c) the subcontracting of any part of the Works for which the Subcontractor is named in the Contract.
Article 14 Assignment of subcontractors?obligations
14.1 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, as sign to the Employer, at the Employer's request and cost, the benefit of such obligation for the unexpired duration thereof
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:
1.1 "mployer" means the person named as such in this contract and the legal successors in title to such person, but not (except with the consent of the Contractor) any assignee of such person.
1.2 "Contractor" means the person whose tender has been accepted by the Employer and the legal successors in title to such person but not (except with the consent of the Employer) any assignee of such person.
1.3 "Subcontractor" means any person named in the Contract as a Subcontractor for a part of the Works or any person to whom a part of the Works has been subcontracted with the consent of the Engineer and the legal successors in title to such person, but not any assignee of any such person.
1.4 "Engineer" means the person appointed by the Employer to act as Engineer for the purposes of the Contract and named as such in this Contract.
1.5 "Engineer" Representative means a person appointed from time to time by the Engineer under Clause 9.2.
1.6 "Contract" means this Contract, the Specification, the Drawings, the Bill of Quantities, the Tender, the Letter of Acceptance, the Contract Agreement (if completed) and such further documents as may be expressly incorporated in the Letter of Acceptance or the Contract Agreement (if completed).
1.7 "Specification" means the specification of the Works included in the Contract and modification thereof or addition thereto made under Clause 95 or submitted by the Contractor and approved by the Engineer.
1.8 "Drawings" means all drawings, calculations and technical information of a like nature provided by the Engineer to the Contractor under the Contract and all drawings, calculations, samples, patterns, models, operation and maintenance manuals and other technical information of a like nature submitted by the Contractor and approved by the Engineer.
1.9 "Bill of Quantities" means the priced and completed bill of quantities forming of the Tender.
1.10 "Tender" means the Contractor's priced offer to the Employ for the execution and completion of the Works and the remedying of any defects therein in accordance with the provisions of the Contract, as accepted by the Letter of Acceptance.
1.11 "Letter of Acceptanc" means the formal acceptance by the Employer of the Tender.
1.12 "Contract Agreement" means the contract agreement (if any) referred to in Clause 26.
1.13 "Appendix to Tender" means the contract agreement (if any) referred to in Clause 16.
1.14 "Commencement Date" means the date upon which the Contractor receives the including plant in notice to commence issued by the Engineer pursuant to Clause 74.
1.15 "Time for Completion" means the time for completing the execution of and passing the Tests on Completion of the Works or any Section or part thereof as stated in the Contract calculated from the Commencement Date.
1.16 "Tests on Completion" means the tests specified in the Contract or otherwise agreed by the Engineer and the Contractor which are to be made by the Contractor before the Works or any Section or part thereof are taken over by the Employer.
1.17 "Taking-Over Certificate" means a certificate issued pursuant to Clause 81.
1.18 "Contract Price" means the sum stated in the Letter of Acceptance as payable to the Contractor for the execution and completion of the Works and the remedying of any defects therein accordance with the provisions of the Contract.
1.19 "Retention Money" means the aggregate of all mommies retained by the Employer pursuant to Clause 92.2 (a).
1.20 "Works" means the Permanent Works and the Temporary Works or either of them as appropriate.
1.21 "Permanent Works" means the permanent works to the executed concluding plant in accordance with the contract.
1.22 "Temporary works" means all temporary works of every kind (other than Contractor's Equipment) required in or about the execution and completion of the Works and remedying of any defects therein.
1.23 "Plant" means machinery, apparatus and the like intended to form or forming part of the Permanent Works.
1.24 "Contractor Equipment" means all appliances and things of whatsoever nature (other than Temporary Works) required for the execution and completion of the Works and the remedyingof any defects therein, but dose not include Plant, materials or other things intended to form or forming part of the Permanent Works.
1.25 "Section" means a part of the Works specifically identified in the Contract as a Section.
1.26 "Site" means the places provided by the Employer where the Works are to be executed and any other places as may be specifically designated in the Contract as forming part of the Site.
1.27 "Cost" means all expenditure properly incurred or to be incurred, whether on or off the site, including overhead and other charges properly allocable thereto but dose not include any allowance for profit.
1.28 "Day" means calendar day.
1.29 "Foreign" Currency means a currency of a country other than that in which the Works are to be located.
1.30 "Writing" means any hand-written, type-written, or printed communication,including telex, cable and facsimile transmission.
Article 2 Interpretation
2.1 Words importing persons or parties shall include firms and corporations and any organization having legal capacity.
Article 3 Singular and plural
3.1 Words importing the singular only also include the plural and vice versa where the context requires.
Article 4 Notices, Consents, Approvals, Certificates and Determinations
4.1 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 orks"notify""certify"or"determine"
shall be construed accordingly. Any such consent, approval, certificate or determination shall not unreasonably be withheld or delayed.
Chapter 2 Content and Scope of Contract
Article 5 General Provision
5.1 Content and scope of this Contract shall be stipulated in the Appendix including construction erection and maintenance. Unless otherwise provided in the Contract, it includes providing labours, materials, equipments for the construction, erection and maintenace.
Article 6 Scope of the Contractor Work
Article 7 Scope of the Employer's Work
Chapter 3 Engineer and Engineer's Representative
Article 8 Engineer's Duties and Authority
8.1 The Engineer shall carry out the duties specified in the Contract.
8.2 The Engineer may exercise the authority specified in or necessarily to be implied from the Contract. Provided, however, that if the Engineer is required, under the terms of his appointment by the Employer, to obtain the specific approval of the Employer before exercising any such authority, particulars of such requirements shall be set out in the Contract, provided further that any requisite approval shall be deemed to have been given by the Employer for any such authority exercised by the Engineer.
8.3 Except as expressly stated in the Contract, the Engineer shall have no authority to relieve the Contractor of any of his obligations under the Contract.
Article 9 Engineer's Representative
9.1 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 delegated to him by the Engineer under Clause 9.2 and 9.3.
9.2 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 there of has been delivered to the Employer and the Contractor.
9.3 Any communication given by the Engineer's Representative to the Contractor in accordance with such delegation shall have the same effect as though it had been given by the Engineer, Provided that:
(a) any failure of the Engineer's Representative to disapprove any work, materials or Plant shall not prejudice the authority of the Engineer to disapprove such work, materials or Plant and to give instructions for the rectification thereof;
(b) if the Contractor questions any communication of the Engineer's Representative he may refer the matter to the Engineer who shall conform, reverse or vary the contents of such communication.
9.4 The Engineer or the Engineer's Representative may appoint any number of persons to assist the Engineer's Representative in the carrying out of his duties under Clause 9.1. His shall notify to the Contractor the names, duties and scope of authority of such persons. Such assistants shall have not authority to issue any instructions to the Contractor save in so far as such instructions may be necessary to enable them to 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.
Article 10 Instructions in Writing
10.1 Instructions given by the Engineer shall be in writing, provided that if for any reason the Engineer consider 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, if 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 Enginee's Representative appointed pursuant to Clause 9.4.
Article 11 Engineer to Act Impartially
11.1 Wherever, under the Contract, the Engineer is required to exercise his discretion by:
(a) giving his decision, opinion or consent, or
(b) expressing his satisfaction or approval, or
(c) determining value, or
(d) otherwise taking action which may affect the rights and obligations of the Employer or the Contractor 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 99.
Chapter 4 Assignment and Subcontracting
Article 12 Assignment of Contract
12.1 The Contractor shall not, without the prior consent of the Employer (which consent, notwithstanding the provisions of Clause 4, 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) a charge in favour of the Contractor's bankers of any money due or to become due under the Contract, or
(b) assignment to the Contractor's insurers (in cases where the insurers have discharged the Contractor's loss or liability) of the Contractor's right to obtain relief against any other party liable.
Article 13 Subcontracting
13.1 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 that the Contractor shall not be required to obtain such consent for:
(a) the provision of labour, or
(b) the purchase of materials which are in accordance with the standards specified in the Contract, or
(c) the subcontracting of any part of the Works for which the Subcontractor is named in the Contract.
Article 14 Assignment of subcontractors?obligations
14.1 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, as sign to the Employer, at the Employer's request and cost, the benefit of such obligation for the unexpired duration thereof