國際土木工程建築承包契約(中英文對照)

(4)if any test is ordered by the engineer which is either.

36.4凡是工程師命令所作的檢驗,而

(a)not、intended by or provided for,or

契約沒有默示或規定,或

(b)(in the cases above mentioned)is not so particularized,or 

(在上述情況中)沒有如此詳細規定,或

(c)though so intended or provided for is ordered by the engineer to be carried out by an independent person at any place other than the site or the place of manufacture or fabrication of the materials tested,

雖有默示或規定,但卻是由工程師命令獨立個人在工地之外,或在該檢驗物資的製造或加工地之外的任何地點進行的,

then the cost of such test shall be borne by the contractor,if the test shows the workmanship or materials not to be in accordance with the provisions of the contract or the engineer's instructions,but otherwise by the employer.

如檢驗結果表明工藝或材料不符合契約規定或工程師指令,檢驗費由承包人承擔,否則由業主支付。

37.the engineer and any person authorized by him shall at all times have access to the works and to all workshops and places where work is being prepared or from where materials, manufactured articles or machinery are being obtained for the works and the contractor shall afford every facility for and every assistance in or in obtaining the right to such access.

37.工程師和他授權的任何人隨時有權到工程現場,到任何工程準備地或工程所需材料、製品或機械獲得地,承包人應為其行使或獲得此種到場權利提供一切便利和幫助。

38.(1)no work shall be covered up or put out of view without the approval of the engineer or the engineer's representative and the contractor shall afford full opportunity for the engineer or the engineer's representative to examine and measure any work which is about to be covered up or put out of view and to examine foundations before permanent work is placed thereon.the contractor shall give due notice to the engineer's representative whenever any such work or foundations is or are ready or about to be ready for examination and the engineer's representative shall,without unreasonable delay,unless he considers it unnecessary and advises the contractor accordingly,attend for the purpose of examining and measuring such work or of examining  suchfoundations.

38.1未經工程師或工程師代表的認可,任何工程不得被覆蓋或遮掩,承包人應為工程師或工程師代表提供充分機會,以檢查和測量即將被覆蓋或遮掩的任何工程,以及在永久性工程開始前檢查地基。承包人應在任何此種工程或地基做好或即將做好檢查準備時及時通知工程師代表,工程師代表必須參加此種工程或地基的檢查,不得無故拖延,除非他認為檢查沒有必要,且由此通知承包人。