fidic分包合同(編輯修改稿)

　

【文章內容簡介】 l, certificate, confirmation or determination shall not unreasonably be withheld or delayed.Instruction in WritingInstructions given by the Contractor shall be in writing, provided that if for any reason the Contractor considers it necessary to give any such instruction orally, the Subcontractor shall ply with such instruction. Confirmation in writing of such oral instruction given by the Contractor, whether before or after carrying out of the instruction shall be deemed to be an instruction within the meaning of this Sub Clause. Provided further that if the Subcontractor, within 7 days, confirms in writing to the Contractor any oral instruction of the Contractor and such confirmation is not contradicted in writing within 7 days by the Contractor, it shall be deemed to be an instruction of the Contractor. General ObligationsSubcontractor’s General ResponsibilitiesThe Subcontractor shall, with due care and diligence, design (to the extent provided for by the Subcontract), execute and plete the Subcontract Works and remedy any defects therein in accordance with the provisions of the Subcontract. The Subcontractor shall provide all superintendence, labor, materials, Plant, Subcontractor’s Equipment and all other things, whether of a temporary or permanent nature, required in and for such design, execution, pletion and remedying of any defects, so far as the necessity for providing the same is specified in or is reasonably to be inferred from the Subcontract, and except as otherwise agreed in accordance with Clause 5 and set out in Part II of the Conditions of Subcontract.The Subcontractor shall give prompt notice to the Contractor of any error, omission, fault or other defect in the design of or specification for the Subcontract Works which he discovers when reviewing the Subcontract and/or the Main Contract or executing the Subcontract Works. Performance SecurityIf the Subcontract requires the Subcontractor to obtain security for his proper performance of the Subcontract, he shall obtain and provide to the Contractor such security in the sum stated in the Appendix to Subcontractor’s Offer. Such security shall be in the form annexed to the Conditions of the Subcontract or in such form as may be agreed between the Contractor and the Subcontractor. The institution providing such security shall be subject to the approval of the Contractor. The cost of plying with the requirements of this Clause shall be borne by the Subcontractor, unless the Subcontract otherwise provides.The performance security shall be valid until the Subcontractor has executed and pleted the Subcontract Works and remedied any defects therein in accordance with the Subcontract. No claim shall be made against such security after the issue of the Defects Liability Certificate in respect of the Main Works and such security shall be returned to the Subcontractor within 28 days of the issue of the said Defect Liability Certificate.Prior to making a claim under the performance security the Contractor shall, in every case, notify the Subcontractor stating the nature of the default in respect of which the claim is to be made.Programme to be Submitted by SubcontractorThe Subcontractor shall, within the time stated in Part II of the Conditions of Subcontract after the date of the Contractor’s Letter of Acceptance, submit to the Contractor for his consent a programme, in such form and detail as the Contractor shall reasonably prescribe, for the execution of the Subcontract Works. The Subcontractor shall, whenever required by the Contractor, also provide in writing for his information a general description of the arrangements and methods which the Subcontractor proposes to adopt for the execution of the Subcontract Works.If at any time it should appear to the Contractor that the actual progress of the Subcontract Works does not conform to the programme to which consent has been given, the Subcontractor shall produce, at the request of the Contractor, a revised programme showing the modifications to such programme necessary to ensure pletion of the Subcontract Works within the Subcontractor’s Time for Completion.Assignment of SubcontractThe Subcontractor shall not, without the prior consent of the Contractor (which consent, notwithstanding the provisions of SubClause , shall be at the sole discretion of the Contractor), assign the Subcontract or any part thereof, or any benefit or interest therein or thereunder, otherwise than by:(a) a charge in favour of the Subcontractor’s bankers of any monies due or to bee due under the Subcontract, or(b) assignment to the Subcontractor’s insurers (in cases where the insurers have discharged the Subcontractor’s loss or liability) of the Subcontractor’s right to obtain relief against any other party liable.Sub sub contractingThe Subcontractor shall not subcontract the whole of the Subcontract Works, nor shall he subcontract any part of the Subcontract Works without the prior consent of the Contractor. Any such consent shall not relieve the Subcontractor from any liability or obligation under the Subcontract and the Subcontractor shall be responsible for the acts, defaults and neglects of any of his subcontractors, including such subcontractor’s agents, servants or workmen as fully as if they were the acts, defaults or neglects of the Subcontractor, his agents, servants or workmen.Provided that the Subcontractor shall not be required to obtain such consent for:(a) the provision of labor, or(b) the purchase of materials which are in accordance with the standards specified in the Subcontract and/or the Main Contract.In the event of a subcontractor having undertaken towards the Subcontractor 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 un