國際土木工程建築承包契約(中英文對照)

63.1如果承包人破產,或被法院下達破產者產業管理接收令,或遞交破產申請,或與債權人簽訂清償協定或進行債權轉讓,或同意在債權人決議委任的破產監督委員會監督下執行本契約,或,如其是一個公司,將被清算(不是因合併或重組而進行的自願清算),或承包人事先未徵得業主的書面同意而轉讓契約,或其貨物被扣押,或工程師書面向業主證明,他認為承包人:

(a) has abandoned the contract,or

已經撤銷契約,或

(b)without reasonable excuse has failed to commence the works or has suspended the progress of the works for__ days after receiving from the engineer written notice to proceed,or

沒有正當理由但卻不開工,或在收到工程師要求繼續工程的書面通知後,停工_______天,或

(c)has failed to remove materials from the site or to pull down and replace work for

days after receiving from the engineer written notice that the said materials or work had been condemned and rejected by the engineer under these conditions,or

在收到工程師書面通知,說明某些材料不適用或某工程應予否決後_______天內未從工地搬走這些材料,或未拆毀此種工程重建,或

(d)despite previous warnings by the engineer,in writing,is not executing the works in accordance with the contract,or is persistently or flagrantly neglecting to carry out his obligations under the contract,or

不按契約施工,或長期或公然不履行其契約義務,儘管工程師已書面提出警告,或

(e) has,to the detriment of good workmanship,or in defiance of the engineer's instructions to the contrary,sub-let any part of the contract,

不顧工作質量,或無視工程師的指示,轉包任何契約部分,

then the employer may,after giving _______days’notice in writing to the contractor,enter upon the site and the works and expel the contractor therefrom without thereby voiding the contract,or releasing the contractor from any of his obligations or liabilities under the contract or affecting the rights and powers conferred on the employer or the engineer by the contract, and may himself complete the works or may employ any other contractor to complete the works. the employer or such other contractor may use for such completion so much of the constructional plant,temporary works and materials,which have been deemed to be reserved exclusively for the execution of the works,under the provisions of the contract,as he or they may think proper,and the employer may,at any time,sell any of the said constructional plant,temporary works and unused materials and apply the proceeds of sale in or towards the satisfaction of any sums due or which may become due to him from the contractor under the contract.