國際土木工程建築承包契約(中英文對照)

(a) inform the engineer in writing that he has reasonable cause for withholding or refusing to make such payments and

書面通知工程師,他有充足理由不予或拒絕此種付款支付,且

(b)produce to the engineer reasonable proof that he has so informed such nominated sub-contractor in writing,

向工程師提供充足證據,證明他已就此書面通知該指定分包人,

the employer shall be entitled to pay to such nominated sub-contractor direct,upon the certificate of the engineer,all payments,less retention,provided for in the sub-contract, which the contractor has failed to make to such nominated sub-contractor and to deduct by way of set-off the amount so paid by the employer from any sums due or which may become due from the employer to the contractor.

業主有權在工程師出具證書後,向該指定分包人直接支付按規定應由承包人向該指定分包人支付,然而卻沒有支付的所有款項,留置款除外,然後從業主應支付或即將支付給承包人的任何款項中將此筆付款抵銷。

provided always that,where the engineer has certified and the employer has paid direct as aforesaid,the engineer shall in issuing any further certificate in favor of the contractor deduct from the amount thereof the amount so paid,direct as aforesaid,but shall not withhold or delay the issue of the certificate itself when due to be issued under the terms of the contract.

如工程師已出具證書,且業主已直接作出上述支付,工程師在向承包人出具任何其他證書,應把業主直接支付的上述款項扣出,但工程師不得拒絕或延誤出具按本契約規定應出具的證書本身。

(6)in the event of a nominated sub-contractor,as hereinbefore defined,having undertaken towards the contractor in respect of the work executed,or the goods,materials or services supplied by such nominated sub-contractor,any continuing obligation extending for a period exceeding that of the period of maintenance under the contract,the contractor shall at any time after the expiration period of maintenance,assign to the employer,at the employer's request and cost,the benefit of such obligation for the unexpired duration thereof.

59.6如上所規定,如果指定分包人在施工,或提供貨物、材料、或服務中對承包人承擔的義務期限超過本契約所規定的維修期,承包人應在維修期滿後,隨時把此種義務在期滿前所產生的利益應業主的要求轉讓給業主,費用由業主承擔。