國際土木工程建築承包契約(中英文對照)

(2)the contractor shall uncover any part or parts of the works or make openings in or through the same as the engineer may from time to time direct and shall reinstate and make good such part or parts to the satisfaction of the engineer.if any such part or parts have been covered

up or put out of view after compliance with the requirement of sub-clause(1)of this clause and

are found to be executed in accordance with the contract,the expenses of uncovering,making

openings in or through,reinstating and making good the same shall be borne by the employer,

but in any other case all costs shall be borne by the contractor.

38.2承包人必須應工程師隨時作出的指示,打開業已覆蓋的工程某一或某些部分,或在工程上或經過工程開通道,並負責使之完好復原而讓工程師滿意。凡任何此種工程部分是在履行本條第1款之規定後被覆蓋或遮掩的,則打開和在工程上或經過工程開通道,以及使之完全復原的費用由業主承擔,否則所有費用應由承包人承擔。

39.(1)the engineer shall during the progress of the works have power to order in writing

from time to time:

39.1在施工中,工程師有權隨時書面命令:

(a) the removal from the site,within such time or times as may be specified in the order,

of any materials which,in the opinion of the engineer,are not in accordance with the contract,

把工程師認為不符合契約規定的任何材料按命令中具體規定的時間從工地換走,

(b)the substitution of proper and suitable materials and,

用恰當合適的材料予以替換和

(c)the removal and proper re-execution,notwithstanding any previous test thereof or interim payment therefor,of any work which in respect of materials or workmanship is not,in the opinion of the engineer,in accordance with the contract.

把工程師認為不符合契約規定的材料或工藝換掉或適當重新施工,無論其在之前是否經過檢查或作過中期支付。

(2)in case of default on the part of the contractor in carrying out such order,the employer shall be entitled to employ and pay other persons to carry out the same and all expenses consequent hereon or incidental thereto shall be recoverable from the contractor by the employer,or may be deducted by the employer from any monies due or which may become due to the contractor.

39.如承包人未執行此種命令,業主有權雇用他人執行,業主應從承包人處收回由此而產生的所有費用和雜費,或從應付給或即將付給承包商的款項中予以扣除。