國際土木工程建築承包契約(中英文對照)

47.(1)if the contractor shall fail to achieve completion of the works within the time prescribed by clause 43 hereof,then the contractor shall pay to the employer the sum stated in the contract as liquidated damages for such default and not as a penalty for every day or part of a day which shall elapse between the time prescribed by clause 43 hereof and the date of certified completion of the works.the employer may,without prejudice to any other method of recovery,deduct the amount of such damages from any monies in his hands,due or which may become due to the contractor.the payment or deduction of such damages shall not relieve thecontractor from his obligation to complete the works,or from any other of his obligations and liabilities under the contract.

47.1如承包人未在本契約第43條規定的期限內完成工程,承包人應因違約而向業主支付契約所規定之款額,此款額為定額賠償金,而不是根據第43條規定的期限與實際完工時間之差按天數進行處罰。業主可在不損害其他收款措施的情況下,從他手中掌握的應支付或將支付給承包人的款項中扣除此種賠償金。此種賠償金的支付或扣除不得免除承包人完成工程的義務,或免除他的其他任何契約所規定的責任和義務。

(2)if,before the completion of the whole of the works any part or section of the works has been certified by the engineer as completed,pursuant to clause 48 hereof,and occupied or used by the employer,the liquidated damages for delay shall,for any period of delay after such certificate and in the absence of alternative provisions in the contract be reduced in the proportion which the value of the part or section so certified bears to the value of the whole of the works.

47.2在工程全部完工前,如有某部分工程已由工程師按本契約第48條確認為完工,且已被業主占用,如在此後出現任何延誤,而本契約又無另行規定,因延誤本應處罰的定額賠償金則應按已完工的工程的價值所占全部工程價值的比例予以扣減。

(3)if it is desired to provide in the contract for the payment of a bonus in relation to completion of the works or of any part or section thereof this shall be set out in part ii in the clause numbered.

47.3如要在契約中規定有關工程全部或部分完工的獎勵支付事項,此規定應列在第二部分的第47條中。

48.(1)when the whole of the works have been substantially completed and have satisfactorily passed any final test that may be prescribed by the contract,the contractor may give a notice to that effect to the engineer or to the engineer's representative accompanied by an undertaking to finish any outstanding work during the period of maintenance.such notice and undertaking shall be in writing and shall be deemed to be a request by the works.the engineer shall,within _______days of the date of delivery of such notice either issue to the contractor,with