國際土木工程建築承包契約(中英文對照)

contract documents

契約檔案

5.(1)there shall be stated in part 1i of these conditions:

5.1以下要件得在契約第二部分規定:

(a)the language or languages in which the contract documents shall be drawn up and.

用以起草契約檔案的語言;

(b)the country or state,the law of which is to apply to the contract and according to which

the contract is to be construed.

契約適用哪個國家的法律以及用哪個國家的法律解釋契約。

if the said documents are written in more than one language,the language according to which the contract is to be construed and interpreted shall also be designated in part ii,being therein designated the “ruling language”.

如果檔案用一種以上語言作成,用以解釋契約的語言也必須在第二部分中規定,且將被寇為“主體語言”。

(2)except if and to the extent otherwise provided by the contract,the provisions of the conditions of contract parts ⅰ and ⅱshall prevail over those of any other document forming part of the contract.subject to the foregoing,the several documents forming the contract are to be taken as mutually explanatory of one another,but in case of ambiguities or discrepancies the same shall be explained and adjusted by the engineer who shall thereupon issue to the contractor instructions thereon.provided always that if,in the opinion of the engineer,compliance with any such instructions shall involve the contractor in any cost,which by reason of any such ambiguity or discrepancy could not reasonably have been foreseen by the contractor,the engineer shall certify and the employer shall pay such additional sum as may be reasonable to cover such costs.

5.2除契約中另有規定外,契約第一、二部分的條款規定優於其他任何構成契約的檔案的規定。以上述規定為準,構成契約的數個檔案可視為能互相解釋,如意思含糊或不一致時,由工程師解釋和處理,並由此向承包人發出指令。如工程師認為,服從此種指令會使承包人發生額外費用,而此種費用是承包人由於上述意思含糊或不一致而按理無法預見的,工程師應予以證明,業主必須支付相應的額外款額以補償此種費用。

6.(1)the drawings shall remain in the sole custody of the engineer,but two copies thereof shall be furnished to the contractor free of charge.the contractor shall provide and make at his own expense any further copies required by him.at the completion of the contract the contractor shall return to the engineer all drawings provided under the contract.