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建设工程施工合同通用条款(99版中英文 下部分)

点击数:发布时间:2017-05-12来源:CONTRACTUS的博客
摘要: VI Contract Sum Payment Methods 六、合同价款与支付 22 Contract Sum Adjustments 合同价款及调整 22.1 The contract sum shall be based on the tender prices submitted by the CONTRACTOR and expressly stated in the Contract. Other prices submissio
VI    Contract Sum & Payment Methods  六、合同价款与支付
22  Contract Sum & Adjustments     合同价款及调整
22.1 The contract sum shall be based on the tender prices submitted by the CONTRACTOR and expressly stated in the Contract. Other prices submission not form part of the original tender requirements shall be also be stated clearly in the Contract.
招标工程的合同价款由业主承包方依据中标通知书中的中标价格在协议书内约定。非招标工程的合同价款由业主承包方依据工程预算书在协议书内约定。
 
22.2 Once the Contract Sum had been fixed and stated in the Contract, the said Contract Sum can not be changed or varied. Both parties shall ascertain the Contract Sum in accordance with the following three methods: -
合同价款在协议书内约定后,任何一方不得擅自改变。下列三种确定合同价款的方式,双方可在专用条款内约定采用其中一种:
 
22.2.1     Contract sum based on fixed price. The contract sum agreed by the two parties in the Particular Conditions of Contract shall include risk framework and calculation method of risk expense. The contract sum shall not be changed within the framework of the agreed risk. The adjustment of the contract sum beyond the risk framework shall be stipulated in the Particular Conditions of Contract.
固定价格合同。双方在专用条款内约定合同价款包含的风险范围和风险费用的计算方法,在约定的风险范围内合同价款不再调整。风险范围以外的合同价款调整方法。应当在专用条款内约定。
 
22.2.2     Contract sum based on variable price. The contract sum can be varied based on the agreement by the both parties set out in the Particular Conditions of Contract.
可调价格合同。合同价款可根据双方的约定而调整,双方在专用条款内约定合同价款调整方法。
 
22.2.3     Contract sum based on the cost plus commission. Such contract sum includes the costs incurred by the CONTRACTOR agreed by the two parties and the method of calculation on commission stipulated in the Particular Conditions of Contract.
成本加酬金合同。合同价款包括成本和酬金两部分,双方在专用条款内约定成本构成和酬金的计算方法。
 
22.3 The price adjustment factors in the contract sum based on variant price include: -
可调价格合同中合同价款的调整因素包括:
 
22.3.1     The contract sum affected by the laws, administrative regulations and the variation of the state policies
法律、行政法规和国家有关政策变化影响合同价款;
 
22.3.2     Price adjustment factors issued by the price control department in charge of construction work
工程造价管理部门公布的价格调整;
 
22.3.3     Power / water / gas supply failure which affecting the works at more than 8 accumulated hours not at the fault by the CONTRACTOR.
一周内非承包方原因停水、停电、停气造成停工累计超过8小时;
 
22.3.4     Any other factors agreed by the both parties in the Particular Conditions of Contract
双方约定的其他因素。
 
22.4 In case under Clause 22.3, the CONTRACTOR shall submit a written report to the Engineer within 14 days after the case occurs, which shall include the reasons for price adjustment and the adjusted price amount. After the confirmation by the Engineer, this adjusted price shall be added to the contract sum and to be paid on the same date for the contract sum. If the Engineer does not confirm the contents in the report submitted by the CONTRACTOR and also does not raise the comment for revision, such shall be deemed that the Engineer has agreed the adjustment of the contract sum.
承包方应当在22.3款情况发生后14天内,将调整原因、金额以书面形式通知工程师,工程师确认调整金额后作为追加合同价款,与工程款同期支付。工程师收到承包方通知后14天内不予确认也不提出修改意见,视为已经同意该项调整。
 
23    Down payment for the Works工程预付款
If the term of the down payment adopted, which should be stipulated the date and amount of the down payment to the CONTRACTOR previously in the Particular Conditions of Contract, after the commencement of the work, it shall be paid to the CONTRACTOR at the designated amount and the date as per the stipulations in the Particular Conditions of Contract. The date for the down payment shall not be 7 days later prior to the designated date of the commencement of the work. If the OWNER does not pay the CONTRACTOR the down payment as par agreed date, the CONTRACTOR shall request the OWNER to pay the down payment within 7 days after the promised payment date, if the OWNER still does not meet the CONTRACTOR request, the CONTRACTOR shall submit a notice to the OWNER and suspend the construction work after 7 days of the notice. The OWNER shall be responsible for the bank interest from the date previously both agreed for down payment and bear the responsibility of violation of the contract.
实行工程预付款的,双方应当在专用条款内约定业主向承包方预付工程款的时间和数额,开工后按约定的时间和比例逐次扣回。 预付时间应不迟于约定的开工日期前7天。业主不按约定预付, 承包方在约定预付时间7天后向业主发出要求预付的通知,业主收到通知后仍不能按要求预付, 承包方可在发出通知后7天停止施工,业主应从约定应付之日起向承包方支付应付款的贷款利息,并承担违约责任。
 
24    Confirmation of engineering quantity工程量的确认
24.1 The CONTRACTOR shall submit the report to the Engineer on finished work quantity at the time as per stipulated in the Particular Conditions of Contract. The Engineer shall verify the finished work quantity (hereinafter short as the quantity) in the report as per construction drawings within 7 days at the receipt of the report and inform the CONTRACTOR to send people for joint verification and provide convenience for checking the work quantity 24 hours prior to the verification of the work quantity submitted by the CONTRACTOR. After the receipt of the notice the CONTRACTOR does not attend the check over of the work quantity, the checked work quantity shall be effective and shall be the basis for later adjusted engineering sum.
承包方应按专用条款约定的时间,向工程师提交已完工程量的报告。 工程师接到报告后7天内按设计图纸核实已完工程量(以下称计量),并在计量前24小时通知承包方,承包方为计量提供便利条件并派人参加。承包方收到通知后不参加计量,计量结果有效,作为工程价款支付的依据。
 
24.2 If the Engineer does not check over the work quantity report within 7 days after the receipt of the report, the work quantity in the report shall be deemed as being confirmed by the Engineer from the 8th date of the receipt of the report, which shall be the basis for the payment of the engineering sum later. If the Engineer does not inform the CONTRACTOR to attend the check over the work quantity, the final checked work quantity shall be null and void.
工程师收到承包方报告后7天内未进行计量,从第8天起,承包方报告中开列的工程量即视为被确认,作为工程价款支付的依据。工程师不按约定时间通知承包方,致令承包方未能参加计量,计量结果无效。
 
24.3 The Engineer will not accept the work quantity that is beyond the scope of the designed drawings and caused out of the CONTRACTOR’s fault.
对承包方超出设计图纸范围和因承包方原因造成返工的工程量,工程师不予计量。
 
25    Progress Payment (Progress Claim)  工程款(进度款)支付
25.1 The OWNER shall honor the payment engineering sum (progress claim) to the CONTRACTOR within 14 days at the confirmation of the work quantity, at the same time the OWNER shall deduct the down payment from the CONTRACTOR at the designated time.
在确认计量结果后14天内,业主应向承包方支付工程款(进度款)。按约定时间业主应扣回的预付款,与工程款(进度款)同期结算。
 
25.2 The adjusted contract sum based on Clause 22 in this provision, the adjusted contract sum as per Clause 30 and other additional contract sum as per other clauses shall be concurrently paid with engineering sum (progress claim).
本通用条款第22条确定调整的合同价款,第30条工程变更调整的合同价款及其他条款中约定的追加合同价款,应与工程款(进度款)同期调整支付。
 
25.3 If the OWNER fails to pay the engineering sum (progress claim) later than the agreed time, the CONTRACTOR can submit a request for the payment. If the OWNER cannot honor the payment after the receipt of the payment request, they can conclude an agreement for the postponement of the payment. After the approval by the CONTRACTOR the payment can be postponed. The agreement shall stipulate the date for the postponed payment and the OWNER shall pay the interest for the unpaid engineering sum from the 15th date at the confirmation of the engineering work quantity.
业主超过约定的支付时间不支付工程款(进度款),承包方可向业主发出要求付款的通知,业主收到承包方通知后仍不能按要求付款,可与承包方协商签订延期付款协议,经承包方同意后可延期支付。协议应明确延期支付的时间和从计量结果确认后第15天起应付款的贷款利息。
 
25.4 Construction work is unable to continue due to the reason that the OWNER fails to pay the engineering sum (progress claim) by the agreed time, and no agreement has been made by the two parties for the postponement of the payment of the engineering sum, the CONTRACTOR can suspend the work. In this case the OWNER shall be responsible for the liability of violation of the contract.
业主不按合同约定支付工程款(进度款),双方又未达成延期付款协议,导致施工无法进行,承包方可停止施工,由业主承担违约责任。
 
VII  Supply of material & equipment   七、  材料设备供应
26    Supply of material & equipment by the OWNER 业主供应材料设备
26.1 If the material and the equipment to be supplied by the OWNER, the two parties shall make an agreed list of material and equipment as an attachment to the contract. The list shall include the items, specification, model, quantity, unit price, quality grade, date and place of delivery of the material and equipment supplied by the OWNER.
实行业主供应材料设备的,双方应当约定业主供应材料设备的一览表, 作为本合同附件。一览表包括业主供应材料设备的品种、规格、型号、数量、单价、质量等级、提供时间和地点。
 
26.2 The OWNER shall provide the material and equipment as per the list and provide the CONTRACTOR catalogs and certificates of qualification of the material and the equipment and shall be responsible for their quality. The OWNER shall inform the CONTRACTOR in written form 24 hours prior to the delivery of the goods to the site and precede the joint inventory of the material and equipment to the site.
业主按一览表约定的内容提供材料设备,并向承包方提供产品合格证明,对其质量负责。业主在所供材料设备到贷前24小时,以书面形式通知承包方,由承包方派人与业主共同清点。
 
26.3 The CONTRACTOR shall take stock of the material and equipment supplied by the OWNER and take good care over them. The OWNER shall bear the expense for the storage of the material and equipment. The CONTRACTOR shall be responsible for any loss and damage of the material and equipment because of negligence of their work.
业主供应的材料设备,承包方派人参加清点后由承包方妥善保管,业主支付相应保管费用。因承包方原因发生丢失损坏,由承包方负责赔偿。
 
26.4     If the OWNER does not invite the CONTRACTOR to take stock of the material and equipment, the CONTRACTOR shall not be responsible for the taking care of them, thus the OWNER shall bear the responsibility for the loss and damage of these material and equipment.
业主未通知承包方清点,承包方不负责材料设备的保管,丢失损坏由业主负责。
 
26.5 The OWNER shall bear the responsibility the discrepancy found between the material and equipment list provided by the OWNER and the material and equipment delivered to the site, the two parties can make a stipulation in the Particular Conditions of Contract in any of the following conditions.
业主供应的材料设备与一览表不符时,业主承担有关责任。业主应承担责任的具体内容,双方根据下列情况在专用条款内约定:
 
26.5.1     Discrepancy in price, the OWNER shall be responsible for price differential.
材料设备单价与一览表不符,由业主承担所有价差;
 
26.5.2     Discrepancy in item, specification, model, quality grade, the CONTRACTOR can refuse to take over the material and equipment and take care of them, which shall be shipped out of the site and the OWNER is required to purchase the correct material and equipment.
材料设备的品种、规格、型号、质量等级与一览表不符,承包方可拒绝接收保管,由业主运出施工场地并重新采购;
 
26.5.3     Discrepancy in specification and model, the CONTRACTOR may replace them with other specification and model at the approval of the OWNER, and the OWNER shall be responsible for the expense incurred.
业主供应的材料规格、型号与一览表不符,经业主同意,承包方可代为调剂串换,由业主承担相应费用;
 
26.5.4    Discrepancy in the place of delivery site, the OWNER shall be responsible to deliver the material and equipment to the designated place of delivery.
到贷地点与一览表不符,由业主负责运至一览表指定地点;
 
26.5.5     Discrepancy in quantity, the OWNER shall be responsible for the make up of the quantity, when the quantity is more than that stipulated, the OWNER shall ship the surplus material and equipment from the site.
供应数量少于一览表约定的数量时,由业主补齐,多于一览表约定数量时,业主负责将多出部分运出施工场地;
 
26.5.6     If the date of delivery is earlier than required, the OWNER shall be responsible for the storage cost incurred when delivery date is later than scheduled, the OWNER shall be responsible for the expense incurred and the delay of the work progress, which shall be duly postponed.
到贷时间早于一览表约定时间,由业主承担因此发生的保管费用;到贷时间迟于一览表约定的供应时间,业主赔偿由此造成的承包方损失,造成工期延误的,相应顺延工期;
 
26.6 Prior to the application of the material and equipment supplied by the OWNER, the CONTRACTOR shall be responsible for the inspection over them. Unqualified material and equipment shall not be used in the work. The OWNER shall be responsible for the inspection / testing expense.
业主供应的材料设备使用前,由承包方负责检验或试验,不合格的不得使用,检验或试验费用由业主承担。
 
26.7 Method of final account over the material and equipment supplied by the OWNER shall be stipulated in the Particular Conditions of Contract
业主供应材料设备的结算方法,双方在专用条款内约定。
 
27    Material and equipment purchased by the CONTRACTOR承包方采购材料设备
27.1 If the CONTRACTOR is required to purchase the material and equipment, which shall be fully in conformity with the stipulations in the Particular Conditions of Contract and the design as well as the relevant standards / codes. The CONTRACTOR shall provide catalogs and certificates of qualification to the OWNER and the CONTRACTOR shall be responsible for their quality. The CONTRACTOR shall inform the Engineer to count the material and equipment delivered to the site 24 hours prior to their delivery to site.
承包方负责采购材料设备的,应按照专用条款约定及设计和有关标准要求采购,并提供产品合格证明,对材料设备质量负责。承包方在材料设备到货前24小时通知工程师清点。
 
27.2 When the material and equipment purchased by the CONTRACTOR does not conform with the design requirement and standard / code, the CONTRACTOR shall be responsible for removal of the non-conformity material and equipment out of the site within the time required by the Engineer and re-purchase the material and equipment to meet the designed requirement, and also be responsible for the expense incurred and the work progress shall not be postponed.
承包方采购的材料设备与设计标准要求不符时,承包方应按工程师要求的时间运出施工场地,重新采购符合要求的产品,承担由此发生的费用,由此延误的工期不予顺延。
 
27.3 Prior to the application of the material and equipment purchased by the CONTRACTOR, they should be under inspection or testing as per the Engineer requirement. No application for those unqualified material and equipment. The CONTRACTOR shall bear all the inspection and testing expense.
承包方采购的材料设备在使用前,承包方应按工程师的要求进行检验或试验,不合格的不得使用,检验或试验费用由承包方承担。
 
27.4 If the Engineer finds the material and equipment purchased by the CONTRACTOR is not in conformity with the designed requirement and standard / code, he shall request the CONTRACTOR to repair, tear off or re-purchase the material and equipment and bear the expense incurred. The work progress shall not be postponed.
工程师发现承包方采购并使用不符合设计和标准要求的材料设备时,应要求承包方负责修复、拆除或重新采购,由承包方承担发生的费用,由此延误的工期不予顺延。
 
27.5 If the CONTRACTOR needs to use substitute material, they have first to have approval from the Engineer before application, the parties shall conclude a written agreement for the variation of the contract sum.
承包方需要使用代用材料时,应经工程师认可后才能使用,由此增减的合同价款双方以书面形式议定。
 
27. 6       The OWNER shall not designate the suppliers for the material and equipment purchased by the CONTRACTOR.
由承包方采购的材料设备,业主不得指定生产厂或供应商。
 
VIII Alteration of the Works  八、工程变更
28    Alteration of Design   工程设计变更
28.1 In the course of construction, if the OWNER needs to alternate some design for the engineering, the OWNER shall inform the CONTRACTOR in written form 14 days prior to their decision. If such alteration exceeds the original design in the work volume or standard, the OWNER shall submit an application to the construction administrative department and other departments concerned for re-verification and approval and the original design institute has to provide the relevant revised drawings and construction notes. The CONTRACTOR shall make some changes as per the notice issued by the Engineer as follows: -
施工中业主需对原工程设计变更,应提前14天以书面形式向承包方发出变更通知。变更超过原设计标准或批准的建设规模时,业主应报规划管理部门和其他有关部门重新审查批准,并由原设计单位提供变更的相应图纸和说明。承包方按照工程师发出的变更通知及有关要求,进行下列需要的变更:
 
28.1.1     Alteration of coordinate, datum line, position and size.
更改工程有关部分的标高、基线、位置和尺寸;
 
28.1.2     Variation of work volume in the original contract.
增减合同中约定的工程量;
 
28.1.3     Alteration of construction time and work order.
改变有关工程的施工时间和顺序;
 
28.1.4     Any related work resulting from the alteration of the engineering.
其他有关工程变更需要的附加工作。
 
The OWNER shall be responsible for any loss incurred by the CONTRACTOR because of such alteration and the scheduled work progress shall be duly postponed
因变更导致合同价款的增减及造成的承包方损失,由业主承担,延误的工期相应顺延。
 
28.2 During the construction period the CONTRACTOR shall not make any alteration for the original design. The CONTRACTOR shall be responsible for the direct loss incurred to the OWNER resulting from the alteration of design by the CONTRACTOR and the work progress shall not be postponed.
施工中承包方不得对原工程设计进行变更。因承包方擅自变更设计发生的费用和由此导致业主的直接损失,由承包方承担,延误的工期不予顺延。
 
28.3 The CONTRACTOR shall have approval from the Engineer for any possible alteration because of their rational suggestions and proposals in the work, which would lead to the alteration of design drawings or construction program, change of material or equipment. The CONTRACTOR shall bear all cost therefrom and make compensation to the OWNER over the loss of benefit and the work progress shall not be postponed.
承包方在施工中提出的合理化建议涉及到对设计图纸或施工组织设计的更改及对材料、设备的换用,须经工程师同意。未经同意擅自更改或换用时,承包方承担由此发生的费用,并赔偿业主的有关损失,延误的工期不予顺延。
 
28.4  If the CONTRACTOR rational suggestions or proposals are approved by the Engineer, the both two parties shall bear the responsibility to share the expense incurred as well the benefit from the rational suggestions
工程师同意采用承包方合理化建议,所发生的费用和获得的收益,业主承包方另行约定分担或分享。
 
29    Other alterations 其他变更
In the course of implementing the contract, the two parties shall negotiate to settle some practical changes resulting from the alteration of engineering quality grade or standard by the OWNER.
合同履行中业主要求变更工程质量标准及发生其他实质性变更,由双方协商解决。
 
30    Confirmation of alteration in price    确定变更价款
30.1 The CONTRACTOR shall submit an estimated budget over the altered engineering within 14 days at the confirmation of engineering alteration. The contract sum shall be duly revised after the confirmation by the Engineer on this report. Alteration of contract sum proceeds as follows: -
承包方在工程变更确定后14天内,提出变更工程价款的报告,经工程师确认后调整合同价款。变更合同价款按下列方法进行:
 
30.1.1     If there is such applicable price for reference for the altered engineering in the contract, the contract sum shall be revised as per this price.
合同中已有适用于变更工程的价格,按合同已有的价格变更合同价款;
 
30.1.2     If there is only similar price for reference for the altered engineering in the contract, the contract sum to be revised as per this reference price in the contract.
合同中只有类似于变更工程的价格,可以参照类似价格变更合同价款;
 
30.1.3     If there is neither applicable nor similar price for the altered engineering in the contract, the CONTRACTOR can put forward their proposed price and implement it with the approval by the Engineer.
合同中没有适用或类似于变更工程的价格,由承包方提出适当的变更价格,经工程师确认后执行。
 
30.2 If the CONTRACTOR does not submit the report on variation of engineering sum to the Engineer within 14 days at the confirmation of the alteration of the engineering, it shall be deemed that this alteration of engineering will not affect the variation to the original contract sum.
承包方在双方确定变更后14天内不向工程师提出变更工程价款报告时,视为该项变更不涉及合同价款的变更。
 
30.3  The Engineer shall confirm the report on variation of engineering sum within 14 days at the receipt of the report. If the Engineer does not confirm the report without any appropriate reasons, it shall be deemed that the variation of engineering sum is automatically confirmed after 14 days at the submission of the report.
工程师应在收到变更工程价款报告之日起14天内予以确认,工程师无正当理由不确认时,自变更工程价款报告送达之日起14天后视为变更工程价款报告已被确认。
 
30.4 If the Engineer does not agree the variation of engineering sum submitted by the CONTRACTOR, it can be settled as per Clause 37 on Arbitration.    
工程师不同意承包方提出的变更价款,按本通用条款第37条关于争议的约定处理。
 
30.5 The variation of engineering sum confirmed by the Engineer shall be honored concurrently with the payment of the original engineering sum.
工程师确认增加的工程变更价款作为追加合同价款,与工程款同期支付。
 
30.6 The engineering variation resulting from the fault by the CONTRACTOR, the CONTRACTOR has no right to claim for the variation of engineering sum.
因承包方自身原因导致的工程变更,承包方无权要求追加合同价款。
 
 IX  Completion and acceptance of the work and final account  九、竣工验收与结算
 31  Completion and acceptance of the engineering work    竣工验收
 31.1      When the engineering is ready for acceptance, the CONTRACTOR shall provide the OWNER the complete material and acceptance report needed for the acceptance of the engineering as per the state regulation. If the two parties agreed that the as-built drawings to be supplied by the CONTRACTOR, it should be clearly indicated in the Particular Conditions of Contract the date of submission and number of the drawings.
工程具备竣工验收条件,承包方按国家工程竣工验收有关规定,向业主提供完整竣工资料及竣工验收报告。双方约定由承包方提供竣工图的,应当在专用条款内约定提供的日期和份数。
 
31.2 The OWNER shall invite the departments concerned and arrange the acceptance work within 28 days at the receipt of the report for acceptance of the work submitted by the CONTRACTOR. The OWNER shall confirm or put forward revision comments within 14 days after the acceptance. The CONTRACTOR shall modify the work as per the OWNER requirement and bear all the expense incurred on the fault of their own.
业主收到竣工验收报告后28天内组织有关单位验收,并在验收后14天内给予认可或提出修改意见。承包方按要求修改,并承担由自身原因造成修改的费用。
 
 31.3      If the OWNER does not carry out the acceptance work within 28 days after the receipt of the report for acceptance submitted by the CONTRACTOR or does not put forward any revision comments on the work within 14 days after the acceptance proceeding, it shall be deemed that the OWNER has confirmed the acceptance report.
业主收到承包方送交的竣工验收报告后28天内不组织验收,或验收后14天内不提出修改意见,视为竣工验收报告已被认可。
 
 31.4      After the acceptance of the engineering, the date of submission of the acceptance report shall be the date of completion of the work. If the engineering work is accepted after some revision work required by the OWNER, the actual date of completion of the engineering work shall be the date of the completion of the revision work and accepted by the OWNER.
工程竣工验收通过,承包方送交竣工验收报告的日期为实际竣工日期。工程按业主要求修改后通过竣工验收的,实际竣工日期为承包方修改后提请业主验收的日期。
 
31.5 If the OWNER does not arrange the acceptance proceeding within 28 days after the receipt of the acceptance report submitted by the CONTRACTOR, the OWNER shall be responsible for the taking care of the completed work and other unexpected liability starting from the 29th date of the submission of the acceptance report.
业主收到承包方竣工验收报告后28天内不组织验收,从第29天起承担工程保管及一切意外责任。
 
31.6 The engineering scope and date for the intermediate acceptance shall be previously stipulated in the Particular Conditions of Contract. The acceptance order shall follow the stipulations at Clauses 31.1 to 31.4 in this General Conditions of Contract.
中间交工工程的范围和竣工时间,双方在专用条款内约定,其验收程序按本通用条款31.1款至31.4款办理。
 
31.7 Out of some specific reasons, the OWNER requires some single engineering work or part of the engineering work be left unfinished, in such case the two parties shall conclude an agreement on leaving some of the engineering work unfinished, stipulating the liabilities of the both parties and the terms of payment.
因特殊原因,业主要求部分单位工程或工程部位甩项竣工的,双方另行签订甩项竣工协议,明确双方责任和工程价款的支付方法。
 
31.8   The OWNER shall not use the engineering work that is uncompleted or unaccepted. If the OWNER insists on using these engineering works, the OWNER shall be responsible for any quality liability and other problems therefrom.
工程未经竣工验收或竣工验收未通过的,业主不得使用。业主强行使用时,由此发生的质量问题及其他问题,由业主承担责任。
 
32    Completion of engineering work and final account   竣工结算
32.1 The CONTRACTOR shall submit a final account report on completion of engineering work and complete material for final account within 28 days after the confirmation of the engineering acceptance report by the OWNER, the final account shall be settled by the two parties as per contract sum in the agreement contract and variation of contract sum stipulated in the Particular Conditions of Contract.
工程竣工验收报告经业主认可后28天内,承包方向业主递交竣工结算报告及完整的结算资料,双方按照协议书约定的合同价款及专用条款约定的合同价款调整内容,进行工程竣工结算。
 
32.2 The OWNER shall verify the final account report on completion of engineering work and complete material for final account within 28 days after the receipt of the report, either confirm it or put forward revision comments. When the OWNER has confirmed the final account report submitted by the CONTRACTOR and inform the bank to honor the payment of the final account for the CONTRACTOR. The CONTRACTOR shall hand over the engineering work to the OWNER within 14 days after the receipt of the payment in the final account.
业主收到承包方递交的竣工结算报告及结算资料后28天内进行核实,给予确认或者提出修改意见。业主确认竣工结算报告通知经办银行向承包方支付工程竣工结算价款。承包方收到竣工结算价款后14天内将竣工工程交付业主。
 
32.3 If the OWNER fails to honor the engineering sum within 28 days after the receipt of the final account report submitted by the CONTRACTOR without any reasonable reasons, the OWNER shall be then responsible for paying the bank interest rate as the CONTRACTOR paid for their bank loan, for the behind payment for the engineering work, and bear the liability of breach of the contract.
业主收到竣工结算报告及结算资料后28天内无正当理由不支付工程竣工结算价款,从第29天起按承包方同期向银行贷款利率支付拖欠工程价款的利息,并承担违约责任。
 
32.4  If the OWNER fails to settle the final account and pay the CONTRACTOR the amounts due for the engineering work within 28 days after the receipt of final account statement from the CONTRACTOR, the CONTRACTOR have the right to require the OWNER to pay immediately. If 56 days after the receipt of the final account statement, the OWNER still fails to pay the CONTRACTOR, the CONTRACTOR and the OWNER can enter into negotiation to settle the outstanding amounts due. The CONTRACTOR can choose to apply to the People's Court to have the Works put up for sale and the proceeds will firstly satisfy the CONTRACTOR's claims.
业主收到竣工结算报告及结算资料后28天内不支付工程竣工结算价款,承包方可以催告业主支付结算价款。业主在收到竣工结算报告及结算资料后56天内仍不支付的,承包方可以与业主协议将该工程折价,也可以由承包方申请人民法院将该工程依法拍卖,承包方就该工程折价或者拍卖的价款优先受偿。
 
32.5 The CONTRACTOR fails to submit hand over the final account report and final account material to the OWNER within 28 days after the confirmation of acceptance report by the OWNER, resulting in the normal proceeding for the final account for the completion of engineering or delaying the payment of engineering   final account, if the OWNER require the handing over of the engineering work, the CONTRACTOR shall meet their requirement; if the OWNER does not require for the handing over the engineering work, then the CONTRACTOR shall be responsible for taking care of the completed engineering work.
工程竣工验收报告经业主认可后28天内,承包方未能向业主递交竣工结算报告及完整的结算资料,造成工程竣工结算不能正常进行或工程竣工结算价款不能及时支付,业主要求交付工程的,承包方应当交付;业主不要求交付工程的,承包方承担保管责任。
 
32.6 If there is dispute over the final account between the OWNER and the CONTRACTOR, it shall be settled as per the stipulations in Clause 36 on settlement of dispute in this General Conditions of Contract.
业主承包方对工程竣工结算价款发生争议时,按本通用条款第36条关于争议的约定处理。
 
33    Engineering work quality guarantee  质量保修
33.1 According to the laws, administrative regulations or state relevant regulations for the engineering quality, the CONTRACTOR shall have responsibility for the engineering quality within the liability period.
承包方应按法律、行政法规或国家关于工程质量保修的在关规定,对交付业主使用的工程在质量保修期内承担质量保修责任。
 
33.2 Implementation of engineering quality guarantee: Prior to the completion of the engineering work, the CONTRACTOR shall conclude an agreement with the OWNER over the engineering quality guarantee as part of this contract.
质量保修工作的实施。承包方应在工程竣工验收之前,与业主签订质量保修书,作为本合同附件。
 
33.3 The main contents in the letter of engineering quality guarantee includes: -
质量保修书的主要内容包括:
 
33.3.1     Contents and the scopes of quality guarantee质量保修项目内容及范围;
33.3.2     Term of liability period质量保修期;
33.3.3     Liabilities of quality assurance质量保修责任;
33.3.4     Terms of payment for the quality guarantee bond质量保修金的支付方法。
 
X     Breach of the contract, claim and dispute  十、  违约、索赔和争议
34    Breach of the contract   违约
34.1 Breach of contract by the OWNER including the followings
业主违约。当发生下列情况时:
 
34.1.1     The OWNER fails to pay the engineering sum in Clause 23 in this General Conditions of Contract
本通用条款第23条提到的业主不按时支付工程预付款;
 
34.1.2     The construction work cannot be carried out because of the OWNER not paying the engineering sum as per Clause 25.4 in this General Conditions of Contract
本通用条款第25.4款提到的业主不按合同约定支付工程款,导致施工无法进行;
 
34.1.3     The OWNER does not pay the engineering sum without any just reasons as mentioned in Clause 32.3 in this General Conditions of Contract
本通用条款第32.3款提到的业主无正当理由不支付工程竣工结算价款;
 
34.1.4     The OWNER does not implement his obligations set in the contract or fail to implement his obligations agreed in the contract:
业主不履行合同义务或不按合同约定履行义务的其他情况。
 
The OWNER shall be responsible for the breach of the contract and compensate to the CONTRACTOR the loss arising from his breach of the contract and shall agree the postponement of the work progress. The two parties shall conclude an agreement in the Particular Conditions of Contract on the method of calculation for the compensation to the CONTRACTOR by the OWNER or the compensation amount for his action of the breach of the contract.
业主承担违约责任,赔偿因其违约给承包方造成的经济损失,顺延延误的工期。双方在专用条款内约定业主赔偿承包方损失的计算方法或者业主应当支付违约金的数额或计算方法。
 
34.2 The breach of the contract by the CONTRACTOR including the following:
承包方违约。当发生下列情况时:
 
34.2.1     The date of completion is not in conformity with the stipulations in Clause 13.2 in this General Conditions of Contract or as per the Engineer agreed date because of the fault by the CONTRACTOR.
本通用条款第13.2款提到的因承包方原因不能按照协议书约定的竣工日期或工程师同意顺延的工期竣工;
 
 34.2.2   Engineering quality is not in conformity that stipulated in the agreement contract as stipulated in Clause 14.1 in this General Conditions of Contract because of the fault by the CONTRACTOR.
本通用条款第14.1款提到的因承包方原因工程质量达不到协议书约定的质量标准;
 
34.2.3     The CONTRACTOR does not implement obligations set in the contract or fail to implement the obligations agreed in the contract
承包方不履行合同义务或不按合同约定履行义务的其他情况。
 
The CONTRACTOR shall be responsible for the breach of the contract and compensate to the OWNER the loss arising from his breach of the contract.. The two parties shall conclude an agreement in the Particular Conditions of Contract on the method of calculation for the compensation of the loss to the OWNER by the CONTRACTOR or the compensation amount and method of calculation for such compensation
承包方承担违约责任,赔偿因其违约给业主造成的损失。双方在专用条款内约定承包方赔偿业主损失的计算方法或者承包方应当支付违约金的数额可计算方法。
 
34.3 Breach of contract by either party requires that the violated party resume to implement the contract the violated party shall implement the contract even after having compensated the loss for the OWNER.
一方违约后,另一方要求违约方继续履行合同时,违约方承担上述违约责任后仍应继续履行合同。
 
35    Claim   索赔
35.1 When one party raises claim to the other party, just reasons for claim shall be submitted with effective material to support for claim
当一方向另一方提出索赔时,要有正当索赔理由,且有索赔事件发生时的有效证据。
 
35.2      When the OWNER fails to implement the obligations as per the contract, or other mistakes occur that the OWNER shall be responsible, resulting the work progress delay or the CONTRACTOR cannot obtain their progress claim in time and other loss to the CONTRACTOR, the CONTRACTOR can submit the claim as per the following procedures in written form.
业主未能按合同约定履行自己的各项义务或发生错误以及应由业主承担责任的其他情况,造成工期延误和(或)承包方不能及时得到合同价款及承包方的其他经济损失,承包方可按下列程序以书面形式向业主索赔:
 
35.2.1     Submit a notice for claim to the Engineer within 28 days of the claim issue:
索赔事件发生后28天内,向工程师发出索赔意向通知;
 
35.2.2     After the submission of a notice of intention to claim, the CONTRACTOR shall details in supporting their application for extension of time and the loss and expense;
发出索赔意向通知后28天内,向工程师提出延长工期和(或)补偿经济损失的索赔报告及有关资料;
 
35.2.3     Within 28 days after the submission of claim report and relevant documents the engineer gives the reply or asks for further claim reasons and proof from the CONTRACTOR.
工程师在收到承包方送交的索赔报告和有关资料后,于28天内给予答复,或要求承包方进一步补充索赔理由和证据;
 
35.4 The Engineer fails to reply the claim notice within 28 days at the receipt of the claim notice or no further requirement put forward to the CONTRACTOR, it shall be deemed that the claim has been confirmed.
工程师在收到承包方送交的索赔报告和有关资料后28天内未予答复或未对承包方作进一步要求,视为该项索赔已经认可;
 
35.2.5     When the claim is in progress, the CONTRACTOR shall submit claim intention to the Engineer at intervals after the end of the claim issue, the CONTRACTOR shall submit to the OWNER claim relevant material and final claim report. The procedure for claim-reply is the same stipulations in (3) and (4).
当该索赔事件持续进行时,承包方应当阶段性向工程师发出索赔意向,在索赔事件终了后28天内,向工程师送交索赔的有关资料和最终索赔报告。索赔答复程序与(3)、(4)规定相同。
 
35.3 The OWNER shall submit claim to the CONTRACTOR as per deadline in Clause 36.2 for the loss incurred to them because of the CONTRACTOR does not implement the obligations in the contract or the fault on their part.
承包方未能按合同约定履行自己的各项义务或发生错误,给业主造成经济损失,业主可按36.2款确定的时限向承包方提出索赔。
 
36    Dispute    争议
36.1 Any dispute occurs in the course of implementing the contract between the OWNER and the CONTRACTOR can be settled through mutual reconciliation or require the department concerned for mediation. When the parties concerned do not agree to sort for reconciliation or mediation, or reconciliation and mediation are not successful, the dispute can be settled via one of the following forms the two parties previously set in the Particular Conditions of Contract.
业主承包方在履行合同时发生争议,可以和解或者要求有关主管部门调解。当事人不愿和解、调解或者和解、调解不成的,双方可以在专用条款内约定以下一种方式解决争议:
 
Method 1 Submit application for arbitration to the Arbitration Committee as agreed by both parties.
第一种解决方式:双方达成仲裁协议,向约定的仲裁委员会申请仲裁;
 
Method 2 Submit the disputes to the Peoples Court having jurisdictions over the disputes.
Bring suit at the People’s Court under jurisdiction
第二种解决方式:向有管辖权的人民法院起诉。
 
36.2 The two parties shall continue to implement the contract, carry out the construction work and take care of the completed work even under the condition that the dispute exists with the exception one of the following reasons occurs:
发生争议后,除非出现下列情况的,双方都应继续履行合同,保持施工连续,保护好已完工程:
 
36.2.1     Contract cannot be implemented any more because of unilateral breach of the contract by one party. The two parties conclude an agreement to stop the construction work.
单方违约导致合同确已无法履行,双方协议停止施工;
 
36.2.2     Cease of construction work is required by the mediation and the decision is accepted by the both parties.
调解要求停止施工,且为双方接受;
 
36.2.3     The arbitration committee requests the cease of the construction work.
仲裁机构要求停止施工;
 
36.2.4     The People’s Court requests the cease of the construction work
法院要求停止施工。
 
XI    Others  十一、  其他
37    Subcontracting of the engineering work   工程分包
37.1 Apart the engineering work is sub-contracted by some sub-CONTRACTORs as per stipulations in the Particular Conditions of Contract and sub-contracts already concluded, the CONTRACTOR has no right to further sub-contract some part of the engineering work.
承包方按专用条款的约定分包所承包的部分工程,并与分包单位签订分包合同。非经业主同意,承包方不得将承包工程的任何部分分包。
 
37.2 The CONTRACTOR is not allowed to transfer the contractual work to the third party or split the work into several parts he has contracted to other people in the form of sub-contracting.
承包方不得将其承包的全部工程转包给他人,也不得将其承包的全部工程肢解以后以分包的名义分别转包给他人。
 
37.3 The CONTRACTOR shall not be released from the liabilities and obligations even when the work is sub-contracted by others. The CONTRACTOR shall send his administrative staff to the sub-CONTRACTOR construction site to ensure the contract successfully implemented. The CONTRACTOR shall bear the whole responsibility for the breach of contract by the sub-CONTRACTORs or the loss to the OWNER due to the negligence of the sub-CONTRACTORs in their work
工程分包不能解除承包方任何责任与义务。承包方应在分包场地派驻相应管理人员,保证本合同的履行。分包单位的任何违约行为或疏忽导致工程损害或给业主造成其他损失,承包方承担连带责任。
 
37.4 The engineering sum for the sub-CONTRACTOR to be settled between the CONTRACTOR and sub-CONTRACTORs. Without the approval by the CONTRACTOR, the OWNER shall not pay any engineering sum to the sub-CONTRACTORs in any form.
分包工程价款由承包方与分包单位结算。业主未经承包方同意不得以任何形式向分包单位支付各种工程款项。
 
38    Force de majeure     不可抗力
38.1 Force de majeure includes war, turmoil, flying object falling or explosion, fire not caused by the OWNER or the CONTRACTOR and those natural disasters stipulated in the Particular Conditions of Contract such as typhoon, storm, great snow, flood and earthquake, etc.
不可抗力包括因战争、动乱、空中飞行物体坠落或其他非业主承包方责任造成的爆炸、火灾,以及专用条款约定的风雨、雪、洪、震等自然灾害。
 
38.2 After the force de majeure occurs, the CONTRACTOR shall immediately inform the Engineer of the case, and do their best to take measures to lessen the loss to the least degree while the OWNER shall aid the CONTRACTOR in this field. If the Engineer deems necessary to suspend the work, the CONTRACTOR shall follow his instruction. The CONTRACTOR shall submit a report on the loss result from the force de majeure to the Engineer within 48 hours after incident and a budget needed for the cleaning of site and repair work. If the case is a continuous one , the CONTRACTOR shall report to the engineer at an interval of 7 days. The CONTRACTOR shall submit a formal report to the Engineer within 14 days after the end of the incident on the expense for cleaning the site and repair work and other relevant material.
不可抗力事件发生后,承包方应立即通知工程师,并在力所能及的条件下迅速采取措施,尽力减少损失,业主应协助承包方采取措施。不可抗力事件结束后48小时内承包方向工程师通报受害情况和损失情况,及预计清理和修复的费用。不可抗事件持续发生,承包方应每隔7天向工程师报告一次受害情况。不可抗力事件结束后14天内,承包方向工程师提交清理和修复费用的正式报告及有关资料。
 
38.3 The cost resulting from the force de majeure and postponed work progress to be shared by the both parties in the forms of the followings
因不可抗力事件导致的费用及延误的工期由双方按以下方法分别承担:
 
38.3.1     The OWNER is responsible for direct loss to the engineering, the third party personal death or injury or loss of property and loss over the delivery of the material and equipment to the site and installation
工程本身的损害、因工程损害导致第三人人员伤亡和财产损失以及运至施工场地用于施工的材料和待安装的设备的损害,由业主承担;
 
38.3.2     Both the OWNER and the CONTRACTOR are responsible respectively for the cost of the death of the people in their own companies.
业主承包方人员伤亡由其所在单位负责,并承担相应费用;
 
38.3.3     The CONTRACTOR shall be responsible for the damage to the equipment and stop over of the work.
承包方机械设备损坏及停工损失,由承包方承担;
 
38.3.4     During the stop of the engineering work, the OWNER shall be responsible for the cost incurred to the security and taking care of the equipment by the CONTRACTOR as required by the Engineer.
停工期间,承包方应工程师要求留在施工场地的必要的管理人员及保卫人员的费用由业主承担;
 
38.3.5     The OWNER shall be responsible for the cost on cleaning the site and repair works.
工程所需清理、修复费用,由业主承担;
 
38.3.6     The delayed work progress shall be duly postponed.延误的工期相应顺延。
38.4 Force de majeure occurs at the time when one party has delayed the implementation of the contract; still this party cannot be released from the relevant liability.
因合同一方迟延履行合同后发生不可抗力的,不能免除迟延履行方的相应责任。
 
39    Insurance    保险
39.1 Prior to the commencement of the construction work, the OWNER shall complete insurance for the construction engineering, the life and property of the people engaged in the construction work in the site and the third person and pay the insurance premium for them.
工程开工前,业主为建设工程和施工场内的自有人员及第三人人员生命财产办理保险,支付保险费用。
 
39.2   The OWNER shall be responsible for the insurance for building material and equipment delivered to the site and pay the insurance premium
运至施工场地内用于工程的材料和待安装设备,由业主办理保险,并支付保险费用。
 
39.3 The OWNER can entrust the CONTRACTOR to complete the necessary insurance proceedings and pay the insurance premium
业主可以将有关保险事项委托承包方办理,费用由业主承担。
 
39.4 The CONTRACTOR shall complete the insurance for their staff engaged in the dangerous work for accident insurance, and insurance for their people and equipment in the construction site and pay the insurance premium for them
承包方必须为人事危险作业的职工办理意外伤害保险,并为施工场地内自有人员生命财产和施工机械设备办理保险,支付保险费用。
 
39.5 When insurance incident occurs, the OWNER and the CONTRACTOR shall do their best to prevent the accident or reduce the loss to the least degree.
保险事故发生时,业主承包方有责任尽力采取必要的措施,防止或者减少损失。
 
39.6       The specific contents to be insured and other related issue to be stipulated in the Particular Conditions of Contract by the OWNER and the CONTRACTOR.
具体投保内容和相关责任,业主承包方在专用条款中约定。
 
40    Guarantee    担保
40.l  In order to implement the contract in a all-rounded way, the OWNER and the CONTRACTOR shall offer mutual warranty with each other.
业主承包方为了全面履行合同,应互相提供以下担保:
 
40.1.1     The OWNER provides the CONTRACTOR the guarantee for performance of the contract, pledging to pay the engineering sum and implement other obligations as stipulated in the contract.     
业主向承包方提供履约担保,按合同约定支付工程价款及履行合同约定的其他义务。
 
 40.1.2   The CONTRACTOR provides the OWNER the guarantee for performance of contract, pledging to implement the obligations of its own in the contract
承包方向业主提供履约担保,按合同约定履行自己的各项义务。
 
 40.1.3   When one party breaches the contract, the other party may require the third person that provides guarantee liability for it
一方违约后,另一方可要求提供担保的第三人承担相应责任。
 
 40.1.4   Contents, mode and relevant liabilities of the warranty shall be stipulated in the Particular Conditions of Contract by the OWNER and the CONTRACTOR, besides the guarantee contract shall be concluded between the guaranteed and the guarantor as an attachment to this contract.
提供担保的内容、方式和相关责任,业主承包方除在专用条款中约定外,被担保方与担保方还应签订担保合同,作为本合同附件。
 
41    Patent and special technology    专利技术及特殊工艺
41.1 When the OWNER wishes to apply patent and special technology, it shall first complete the application procedure and bear the expense on application, testing and usage when the CONTRACTOR requires applying patent and special technology, approval by the Engineer is necessary, the CONTRACTOR shall bear the expense on application, testing and usage.
业主要求使用专利技术或特殊工艺,就负责办理相应的申报手续,承担申报、试验、使用等费用;承包方提出使用专利技术或特殊工艺,应取得工程师认可,承包方负责办理申报手续并承担有关费用。
 
41.2 Application of the patent and special technology at one’s own will is an action of violation of the patent by other people; the party concerned shall bear related legal liability for its action.
擅自使用专利技术侵犯他人专利权的,责任者依法承担相应责任。
 
 42  Cultural / historic relic and underground obstacles   文物和地下障碍物
 42.1      Any ancient tomb, ancient historic relics and fossil and other relics with archaeological value and geological research found in the course of the construction work, the CONTRACTOR shall keep intact of the spot and inform the Engineer in written form within 4 hours after the finding, while the Engineer shall report to the local departments concerned within 24 hours after the receipt of the report from the CONTRACTOR. Both the OWNER and the CONTRACTOR shall take proper measures to protect those historic relics. The OWNER shall bear the expense incurred and the work progress shall be duly postponed.
在施工中发现古墓、古建筑遗址等文物及化石或其他有考古、地质研究等价值的物品时,承包方应立即保护好现场并于24小时内以书面形式通知工程师,工程师应于收到书面通知后24小时内报告当地文物管理部门,业主承包方按文物管理部门的要求采取妥善保护措施。业主承担由此发生的费用,顺延延误的工期。
 
The person concerned shall bear legal liability for withholding the truth of the finding, leading the damage of the historic relics.
如发现后隐瞒不报,致使文物遭受破坏,责任者依法承担相应责任。
 
42.2 The OWNER shall bear the expense incurred and delayed work progress shall be duly postponed.
When the underground obstacles are known to be the property of a certain unit, the OWNER shall submit a report to the departments concerned for the joint effort and handling with it.
业主承担由此发生的费用,顺延延误的工期。所发现的地下障碍物有归属单位时,业主应报请有关部门协同处置。
 
 43  Termination of the contract   合同解除
 43.1      The contract can be terminated on the agreement by the two parties
业主承包方协商一致,可以解除合同。
 
 43.2      In case of Clause 25.4 in this General Conditions of Contract, and the suspension of work for more than 56 days and the OWNER still fails to pay the engineering sum ( progress claim ), the CONTRACTOR has right to cancel the contract.
发生本通用条款第25.4款情况,停止施工超过56天,业主仍不支付工程款(进度款),承包方有权解除合同。
 
43.3 In case of Clause 38.3 in this General Conditions of Contract, the CONTRACTOR has transferred the whole of his engineering work or split the whole work into several parts and have been sub-contracted, the OWNER has right to cancel the contract.
发生本通用条款第38.2款禁止的情况,承包方将其承包的全部工程转包给他人或者肢解以后以分包的名义分别转包给他人,业主有权解除合同。
 
43.4 Both the OWNER and the CONTRACTOR may cancel the contract for one of the following reasons:
有下列情形之一的,业主承包方可以解除合同:
 
43.4.1     Contract cannot be implemented because of force de majeure
因不可抗力致使合同无法履行;
 
43.4.2     Breach of the contract by one party (including the cease of the engineering work or engineering work has been suspended for the fault of the OWNER) and make it impossible to implement the contract.
因一方违约(包括因业主原因造成工程停建或缓建)致使合同无法履行。
 
43.5 One party demands that the contract be cancelled as per Clauses 43.2, 43.3 and 43.4 it shall submit a written notice to the other party for cancellation of the contract, and information of cancellation of the contract shall be sent to the other party 7 days earlier to the written form, so the contract shall be cancelled when it reaches at the hand of the other party. Any disagreement over the cancellation of the contract can be settled as per the Clause 36 on “Dispute” in this General Conditions of Contract.
一方依据43.2、43.3、43.4款约定要求解除合同的,应以书面形式向对方发出解除合同的通知,并在发出通知前7天告知对方,通知到达对方时合同解除。对解除合同有争议的,按本通用条款第36条关于争议的约定处理。
 
43.6 After the cancellation of the contract, the CONTRACTOR shall take good care of the completed part of the work, purchased material and equipment and prepare for the handing over. Retreat all their equipment and staff from the construction site. The OWNER shall provide necessary conditions for the CONTRACTOR to remove their equipment out of the site and bear the expense for it and pay the engineering sum as per the contract. The ordered material and equipment to be returned to the suppliers or cancel purchase contracts by the purchasing party. The OWNER shall bear the loss to the ordered material and equipment that cannot be returned and cost for the cancellation of the purchase contracts. The party concerned that fails to return to the material and equipment in time shall bear the cost arising therefrom. Besides, the violated party shall compensate a certain part of the loss incurred to the other party because of the breach of the contract.
合同解除后,承包方应妥善做好已完工程和已购材料、设备的保护和移交工作,按业主要求将自有机械设备和人员撤出施工场地。业主应为承包方撤出提供必要条件,支付以上所发生的费用,并按合同约定支付已完工程价款。已经订货的材料、设备由订货方负责退货或解除订货合同,不能退还的货款和因退货、解除订货合同发生的费用,由业主承担,因未及时退货造成的损失由责任方承担。除此之外,有过错的一方应当赔偿因合同解除给对方造成的损失。
 
43.7 The cancellation of the contract does not affect the proceeding of the final account and liquidation as set in the contract.
合同解除后,不影响双方在合同中约定的结算和清理条款的效力。
 
44    The contract goes effective and termination of the contract   合同生效与终止
44.l  Modes of contract effectiveness set in the agreement contract by the two parties
双方在协议书中约定合同生效方式。
 
44.2 Apart from Clause 34 in this General Conditions of Contract, the OWNER and the CONTRACTOR shall implement all the obligations in the contract. When the final account for the completion of the work is settled, and the CONTRACTOR has handed over the completed engineering to the OWNER, this contract shall automatically terminate.
除本通用条款第34条外,业主承包方履行合同全部义务,竣工结算价款支付完毕,承包方向业主交付竣工工程后,本合同即告终止。
 
44.3 After the termination of the rights and obligations in the contract, both the OWNER and the CONTRACTOR shall adhere the principle of honesty and prestige to honor the obligations in the notice and confidentiality and aid the work with each other.
合同的权利义务终止后,业主承包方应当遵循诚实信用原则,履行通知、协助、保密等义务。
 
45    Number of the contract copies   合同份数
45. l This contract is made in two originals, each having equal legal effect, the OWNER and the contract keeps one for each
本合同正本两份,具有同等效力,由业主承包方分别保存一份。
 
45.2 The number of the copies of the contract to be decided by the two parties, which shall be stipulated in the Particular Conditions of Contract
本合同副本份数,由双方根据需要在专用条款内约定。
 
46    Supplement Clauses    补充条款
According to the relevant laws, administrative regulations combined with the practical conditions of the engineering, the two parties, on the agreement concluded, can add some clauses or modify some of them in the contract, which shall be stipulated in the Particular Conditions of Contract.
双方根据有关法律、行政法规规定,结合工程实际经协商一致后,可对本通用条款内容具体化、补充或修改,在专用条款内约定。


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