國際土木工程建築承包契約(中英文對照)

40.2如整個工程或部分工程按工程師的命令停工,且停工90天后仍未得到工程師作出的復工命令,除非此種停工屬本條第1款第1、2,3或4項規定範圍之內,否則承包人可書面通知工程師,要求其在收到通知後xx天內準許對整個工程,或停工的部分工程重新開工,如在此期間仍未獲得開工許可,承包人可以,但不一定必須再作書面通知,按本契約第51條的規定將只影響到部分工程的停工視為是對該部分工程的省略,或,如停工影響到整個工程,視其為是業主廢棄契約。

commencement time and delays

開工時間和延誤

41.the contractor shall commence the works on site within the period named in the appendix to the tender after the receipt by him of a written order to this effect from the engineer and shall proceed with the same with due expedition and without delay,except as may be expressly sanctioned or ordered by the engineer,or be wholly beyond the contractor's control.

41.接到工程師的書面開工通知後,承包人應在標書附錄中規定的期限內在工地施工,且必須迅速,不得延誤,工程師明文同意或命令,或承包人無法控制的原因除外。

42.(1)save insofar as the contract may prescribe,the extent of portions of the site of which the contractor is to be given possession from time to time and the order in which such portions shall be made available to him and,subject to any requirement in the contract as to the order in which the works shall be executed,the employer will,with the engineer's written order to commence the works,give to the contractor possession of so much of the site as may berequired to enable the contractor to commence and proceed with the execution of the works in accordance with the program referred to in clause 14 hereof,if any,and otherwise in accordance with such reasonable proposals of the contractor as he shall,by written notice to the engineer, make and will,from time to time as the works proceed,give to the contractor possession of such further portions of the site as may be required to enable the contractor to proceed with the execution of the works with due dispatch in accordance with the said program or proposals,as the case may be,if the contractor suffers delay or incurs cost from failure on the part of the employer to give possession in accordance with the terms of this clause,the engineer shall grant an extension of time for the completion of the works and certify such sum as,in his opinion,shall be fair to cover the cost incurred,which sum shall be paid by the employer.