國際土木工程建築承包契約(中英文對照)

48.3如部分永久性工程已實質性完工,且滿意地通過了契約規定的最後檢驗,工程師可在全部工程竣工前頒發此部分工程的竣工證書,一旦頒發此種證書,承包人應被視作已承諾在維修期內完成此部分工程中一切尚未完成的工作。

(4)provided always that a certificate of completion given in respect of any section or part of the permanent works before completion of the whole shall not be deemed to certify completion of any ground or surfaces requiring reinstatement,unless such certificate shall expressly so state.

48.4在工程全部完工前就永久性工程的某一部分發放竣工證書,並不視為已經完成任何所需的地面或地表還原工作,證書中明文規定的除外。

maintenance and defects

維修及欠缺

49.(1)in these conditions the expression 'period of maintenance' shall mean the period of maintenance named in the appendix to the tender,calculated from the date of completion of the works,certified by the engineer in accordance with clause 48 hereof,in the event of more than one certificate having been issued by the engineer under the said clause,from the respective dates so certified and in relation to the period of maintenance the expression“the works”shall be construed accordingly.

49.1本條款中“維修期”一詞指標書附錄所指的維修期,從工程師按本契約第48條規定確認的竣工日開始計算,如工程師根據上述條款發出了多份竣工證書,則分別從其確認的完工日開始計算,就維修期而言,“工程”一詞須作相應解釋。

(2)to the intent that the works shall at or as soon as practicable after the expiration of theperiod of maintenance be delivered to the employer in the condition required by the contract,fair wear and tear excepted,to the satisfaction of the engineer,the contractor shall finish the work, if any,outstanding at the date of completion,as certified under clause 48 hereof,as soon as practicable after such date and shall execute all such work of repair,amendment,reconstruction, rectification and making good defects,imperfections,shrinkage or other faults as may be required of the contractor in writing by the engineer during the period of maintenance,or within  days after its expiration,as a result of an inspection made by or on behalf of the engineer prior to its expiration.