國際土木工程建築承包契約(中英文對照)

49.2為按契約規定條件在維修期滿時或其後儘快將工程交給業主,除合理損耗外,為讓工程師感到滿意,承包人必須儘快完成本契約第48條中規定的在完工日尚未完成的工作(如果有),以及完成工程師在維護期間,或在維護期滿後xx天內,因工程師或工程師代表在維護期滿前的檢查而可能書面要求承包人完成的諸如修理、修正、再建、調整,以及修正欠缺、缺陷和其他毛病等一切工作。

(3)all such work shall be carried out by the contractor at his own expense if the necessity

thereof shall,in the opinion of the engineer,be due to the use of materials or workmanship not in

accordance with the contract,or to neglect or failure on the part of the contractor to comply with

any obligation,expressed or implied,on the contractor's part under the contract.if,in the

opinion of the engineer,such necessity shall be due to any other cause,the value of such work

shall be ascertained and paid for as if it were additional work.

49.3如工程師認為此種工作是因承包人使用的材料或工藝不符合契約的要求所致,或因承包人未履行其契約義務(明示或默示不論)所致,一切費用應由承包人承擔。如工程師認為此種需要是其他原因所致,則應對此種工作進行估價,並按附加工程支付。

(4)if the contractor shall fail to do any such work as aforesaid required by the engineer,the employer shall be entitled to employ and pay other persons to carry out the same and if such work is work which,in the opinion of the engineer,the contractor was liable to do at his own expense under the contract,then all expenses consequent thereon 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.

49.4如承包人未完成工程師要求的上述此種工作,業主有權雇用他人完成,如工程師認為,按契約規定此工作本應由承包人自費完成,業主應向承包人追償由此發生的一切直接或間接費用,或從應付或可能應付給承包人的任何款項中予以扣除。

50.the contractor shall,if required by the engineer in writing,search under the directions of the engineer for the cause of any defect,imperfection or fault appearing during the progress of the works or in the period of maintenance.unless such defect,imperfection or fault shall be one for which the contractor is liable under the contract,the cost of the work carried out by the contractor in searching as aforesaid shall be borne by the employer. if such defect,imperfection or fault shall be one for which the contractor is liable as aforesaid,the cost of the work carried out in searching as aforesaid shall be borne by the contractor and he shall in such case repair,rectify and make good such defect,imperfection or fault at his own expense in accordance with tkv provisions of clause 49 hereof.