國際土木工程建築承包契約(中英文對照)

(3) if during the execution of the works or at any time thereafter the contractor shall receive any claim arising out of the execution of the works in respect of damage or injury to highways or bridges he shall immediately report the sums to the engineer and thereafter the employer shall negotiate the settlement of and pay all sums due in respect of such claim and shall indemnify the contractor in respect thereof and in respect of all claims,proceedings,damages,costs,charges and expenses in relation thereto. provided always that if and二far as any such claims or part thereof shall in the opinion of the engineer be due to any failure on the part of the contractor to observe and perform his obligations under sub-clauses(1) and(2)of this clause,then the amount certified by the engineer to be due to such failure shall be paid by the contractor to the employer.

30.3如果在施工期間或以後任何時間,承包人因施工損壞公路或橋樑而被索賠,他必須立即報告工程師,其後,業主將商洽解決並支付索賠款,並保護承包人免受該索賠以及與之有關的一切索賠、訴訟、損害賠償金、訴訟費、開支和費用的損害。如果工程師認為造成此種索賠或部分索賠的原因在於承包人沒有履行本條第1款和第2款規定的義務,由工程師確認的因此種不履行而損失的款額必須由承包人支付給業主。

(4)where the nature of the works is such as to require the use by the contractor ofwaterborne transport the foregoing provisions of this clause shall be construed as though “highway' included a lock,dock,sea wall or other structure related to a waterway and“vehicle' included craft,and shall have effect accordingly.

30.4如果工程性質需要承包人使用水路運輸,本條上述規定必須按“公路”包括船閘、碼頭、防波堤或其他有關的水路設施,“運輸工具”包括船隻來予以解釋,並由此而施行。

31.the contractor shall,in accordance with the requirements of the engineer,afford all reasonable opportunities for carrying out their work to any other contractors employed by the employer and their workmen and to the workmen of the employer and of any other duly constituted authorities who may be employed in the execution on or near the site of any work not included in the contract or of any contract which the employer may enter into in connection with or auxiliary to the works.if,however,the contractor shall,on the written request of the engineer or the engineer's representative,make available to any such other contractor,or to the employer or any such authority,any roads or ways for the maintenance of which the contractor is responsible,or permit the use by any such of the contractor's scaffolding or other plant on the site,or provide any other service of whatsoever nature for any such,the employer shall pay to the contractor in respect of such use or service such sum or sums as shall,in the opinion of the engineer,be reasonable,