國際土木工程建築承包契約(中英文對照)

“業經認可”指已經經書面認可,包括過後對口頭認可的書面確認,“認可”指書面認可,包括上述規定在內。

(2)words importing the singular only also include the plural and vice versa where the context requires•

1.2按契約上下文所需,單數含義的單詞也可具有複數的含義,反之一樣。

(3)the headings and marginal notes in these conditions of contract shall not be deemed to be part thereof or be taken into consideration in the interpretation or construction thereof or of the contract.

1.3契約條款的標題和邊注不得視為契約的一部分,不得用於考慮解釋條款或契約。

(4)the word“cost' shall be deemed to include overhead costs whether on or off the site.

1.4“費用”一詞應視為含工地上或以外發生的間接費用。

engineer and engineer’s reprf.sfntative

工程師及工程師代表

2.(1)the engineer shall carry out such duties in issuing decisions,certificates and orders as are specified in the contract.in the event of the engineer being required in terms of his appointment by the employer to obtain the specific approval of the employer for the execution of any part of these duties,this shall be set out in part ii of these conditions.

2.1工程師必須按契約明文規定,履行作決斷、頒發證書和發出指令等職責。如業主簽發的工程師任命書中規定其某些職責的履行得經業主專門認可,其要件應在本契約第二部分予以規定。

(2)the engineer may from time to time in writing delegate to the engineer's representative any of the powers and authorities vested in the engineer and shall furnish to the contractor and to the employer a copy of all such written delegations of powers and authorities. any written instruction or approval given by the engineer’s representative to the contractor within the terms of such delegation,but not otherwise,shall bind the contractor and the employer as though it had been given by the engineer.provided always as follws:

2.2工程師可隨時書面授權其代表代行其任何職權,但必須將所有此種授權書的副本提交給承包人和業主。在授權期間,工程師代表給承包人的任何書面指令或認可(僅限於此)對承包人和業主具有與工程師的指令或認可同樣的效力。以下規定屬於例外:

(a) failure of the engineer's representative to disapprove any work or materials shall not prejudice the power of the engineer thereafter to disapprove such work or materials and to order the pulling down,removal or breaking up thereof.