國際土木工程建築承包契約(中英文對照)

(f) the reasonable cost of repatriation of all the contractor's staff and workmen employed on or in connection with the works at the time of such termination.

契約終止時,遣返承包人雇用在工程上或與之有關的職員和工人的合理費用。

provided always that against any payments due from the employer under this sub-clause the employer shall be entitled to be credited with any outstanding balances due from the contractor for advances in respect of constructional plant and materials and any other sums which at the date of termination wear recoverable by the employer from the contractor under the terms of the contract.

對本款項下業主應予支付的款項,業主有權用承包人的應付款來抵沖,包括建築設備及材料的預付款的未償餘額,以及其他任何在契約終止日按契約條款業主有權向承包人回收的款項。

frustration

受挫失效

66.if a war,or other circumstances outside the control of both parties,arises after the contract is made so that either party is prevented from fulfilling his contractual obligations,or under the law governing the contract,the parties are released from further performance,then the sum payable by the employer to the contractor in respect of the work executed shall be the same as that which would have been payable under clause 65 hereof if the contract had been terminated under the provisions of clause 65 hereof.

66.如契約締結後爆發戰爭,或出現雙方無法控制的其他情況,使得任何一方無法履行其契約義務,或根據契約適用的法律,雙方被解除了繼續履約的義務,由業主對已完成的工程而支付承包人的款額應當等於按本契約第65條規定之金額,即如果契約根據第65條之規定終止時,應當支付的金額。

settlement of disputes

爭議的解決

67.if any dispute or difference of any kind whatsoever shall arise between the employer and the contractor or the engineer and the contractor in connection with,or arising out of the contract,or the execution of the works,whether during the progress of the works or after their completion and whether before or after the termination,abandonment or breach of the contract, it shall,in the first place,be referred to and settled by the engineer who shall,within a period of