國際土木工程建築承包契約(中英文對照)

64.if,by reason of any accident,or failure,or other event occurring to in or in connection with the works,or any part thereof,either during the execution of the works,or during the period of maintenance,any remedial or other work or repair shall,in the opinion of the engineer or the engineer's representative,be urgently necessary for the safety of the works and the contractor is unable or unwilling at once to do such work or repair,the employer may employ and pay other persons to carry out such work or repair as the engineer or the engineer's representative may consider necessary.if the work or repair so done by the employer is work which,in the opinion of the engineer,the contractor was liable to do at his own expense under the contract,all expenses properly incurred by the employer in so doing 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.provided always that the engineer or the engineer's representative,as the case may be,shall,as soon after the occurrence of any such emergency as may be reasonably practicable,notify the contractor thereof in writing.

64.如在施工或維修期間,因工程或部分工程發生或涉及任何意外、或事故、或其他事件,工程師或工程師代表認為需馬上進行補救或其他工作或修理,以保證工程的安全,而承包人無法或不願馬上進行此種工作或修理,業主可雇用並支付他人進行工程師或工程師代表認為必要的此種工作或修理。如工程師認為,業主所進行的此種工作屬於承包人按契約規定應自己付費完成的工作,業主由此所發生的一切費用應由業主向承包人收回,或從其應付給或可能應付給承包人的款項中扣除。在此種任何緊急事件發生後,工程師或工程師代表應根據情況,儘快書面告知承包人。

special risks

特定風險

65.notwithstanding anything in the contract contained:

65.本契約任何條款均服從以下規定:

(1)the contractor shall be under no liability whatsoever whether by way of indemnity or otherwise for or in respect of destruction of or damage to the works,save to work condemned under the provisions of clause 39 hereof prior to the occurrence of any special risk hereinafter mentioned,or to property whether of the employer or third parties,or for or in respect of injury or loss of life which is the consequence of any special risk as hereinafter defined.the employer shall indemnify and save harmless the contractor against and from the same and against and from all claims,proceedings,damages,costs,charges and expenses whatsoever arising thereout or in connection therewith.