fidic分包合同(更新版)

　　

【正文】 st and cost, the benefit of such obligation for the unexpired duration thereof.Subcontract Documents Language/sUnless otherwise stated in Part II of the Conditions of Subcontract:(a) the language or languages in which the Subcontract documents shall be drawn up shall be the same as the language or languages in which the Main Contract documents have been drawn up, and(b) if the Subcontract documents are drawn up in more than one language, the Subcontract shall be construed and interpreted according the Ruling Language of the Main Contract.Governing LawUnless otherwise stated in Part II of the Conditions of Subcontract, the law of the country or state which applies to the Main Contract and according to which the Main Contract is construed shall also apply to the Subcontract and be the law according to which the Subcontract shall be construed.SubcontractAgreementThe Subcontractor shall, if called upon so to do, enter into and execute the Subcontract Agreement, to be prepared and pleted at the cost of the Contractor, in the form annexed to the Conditions of Subcontract with such modification as may be necessary.Priority of Subcontract DocumentsThe several documents forming the Subcontract, listed in the Contractor’s Letter of Acceptance or the Subcontract Agreement (if any), are to be taken as mutually explanatory or one another. Unless otherwise provided in the Subcontract, the priority of documents forming the Subcontract shall be as follows:(1) The Subcontract Agreement (if any)。 Michael MortimerHalwkins of SwedPower, Sweden。 and John Bowcock of Sir Alexander Gibb amp。(2) The Contractor’s Letter of Acceptance。(5) Part I of the Conditions of Subcontract。 Subcontractor’s Compliance with Rules and RegulationsAvailability of Site to Subcontractor and Access to SiteSubcontractor’s Obligation to Permit Access to Subcontract WorksCommencement and CompletionCommencement of Subcontract Works。 Case, Paris, for acting as the principal drafter of this document. This contribution to FIDIC and the profession is highly appreciated.The draft was reviewed initially by Mario Asin of TAMS, USA and Edward Corbett of Corbett amp。 Remedy on Failure to InsurePaymentSubcontractor’s Monthly StatementsContractor’s Monthly StatementsPayment Due。 Subcontractor’s Time for CompletionThe Subcontractor shall mence the Subcontract Works within 14 days, or such other period as may be agreed in writing, after the receipt by him of a notice to this effect from the Contractor, which notice shall be issued within the time stated in the Appendix to Subcontractor’s Offer after the date of the Contractor’s Letter of Acceptance.Thereafter, the Subcontractor shall proceed with the Subcontract Works with due expedition and without delay, except such as may be expressly sanctioned or instructed by the Contractor. The Subcontract Works and, if applicable, any Section required to be pleted within a particular time as stated in the Appendix to Subcontractor’s Offer shall be pleted within the time for pletion stated in the Appendix to Subcontractor’s Offer for the Subcontract Works or the Section (as the case may be), calculated from the Subcontractor’s Commencement Date, or such extended time as may be allowed under SubClause . Extension of Subcontractor’s Time for CompletionIf the Subcontractor shall be delayed in the execution of the Subcontract Works or, if applicable, any Section thereof by any:(a) circumstance in regard to which the Contractor is entitled to receive from the Engineer an extension of his time for pletion of the Main Works under the Main Contract,(b) instruction pursuant to SubClause to which paragraph (a) of this SubClause does not apply, or(c) breach of the Subcontract by the Contractor or for which the Contractor is responsible,then in any such event that Subcontractor shall be entitled to such extension of the Subcontractor’s Time for Completion of the Subcontract Works or such Section thereof as may in all the circumstances be fair and reasonable. Provided that the Subcontractor shall not be entitled to such extension of time unless he has submitted to the Contractor notice of the circumstances which are delaying him within 14 days of such delay first occurring together with detailed particulars in justification of the extension of time claimed in order that the claim may be investigated at the time and, in any case to which paragraph (a) of this SubClause applies, the extension shall not in any event exceed the extension of time to which the Contractor is entitled under the Main Contract. Provided also that, where an event has a continuing effect such that it is not practicable for the Subcontractor to submit detailed particulars within the period of 14 days referred to in this SubClause, he shall nevertheless be entitled to an extension of time provided that has submitted to the Contractor interim particulars at intervals of not more than 14 days and final particulars within 14 days of the end of the effects resulting from the event.Contractor’s Obligation to NotifyThe Contractor shall promptly notify the Subcontractor of all extensions of time obtained under the provisions of the Main Contract which affect the Subcontract.Instructions and DecisionsInstructions and Decisions under the Main ContractSubject to Clause 9, the Subcontractor shall in relation to the Subcontract Works ply with all instructions and decisions of the Engineer which are notified and confirmed to him as an instruction by the Contractor, irrespective of whether such instructions and decisions were validly given under the Main Contract. The Subcontractor shall have the like rights (if any) to payment from the Contractor in respect of such pliance as the Contractor has against the Employer under the Main Contract. Further, if any such instruction or decision notified and conf