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香港英文合同范本(最新)

香港英文合同范本 第一篇(一) If upon written application being made to him by the Main Contractor the Architect i。

香港英文合同范本

香港英文合同范本 第一篇

(一) If upon written application being made to him by the Main Contractor the Architect is of the opinion that the Main Contractor has been involved in direct loss and/or expense for which he would not be reimbursed by a payment made under any other provision in this Contract by reason of the regular progress of the Works or of any part thereof having been materially affected by 在收到总包方的书面申请后,如果建筑师认为工程整体或局部的正常施工受到重大干扰而造成了总包方的直接损失或费用开支,并且根据本合同的其他条款将得不到补偿,该干扰是由于:

(a) The Main Contractor not having received in due time necessary instructions, drawings, details or levels from the Architect for which he specifically applied in writing on a date which having regard to the Date for Completion stated in the appendix to these Conditions or to any extension of time then fixed under clause 二三 or clause 三三 (一) (c) of these Conditions was neither unreasonably distant from nor unreasonably close to the date on which it was necessary for him to receive the same; or 总承包商没有从建筑师那里及时收到必要的指令、图纸、详图或者标高,并且已在特定时间内以书面形式发出申请,该时间既不能与合同条款附录中明确的完工日期或本合同条款第二三条或第三三(一)(c)条款明确批复的顺延后的工期相比有过长的不合理间隔,又不能和建筑师必要的接收时间间隔过短。……(简言之,建筑师未及时提供必要的施工依据,且总包已及时发文申请,且留有必要的合理时间供建筑师答复)

(b) The opening up for inspection of any work covered up or the testing of any of the work, materials or goods in accordance with clause 六(三) of these Conditions (including making good in consequence of such opening up or testing), unless the inspection or test showed that the work, materials or goods were not in accordance with this Contract. The Main Contractor shall notify the Architect in writing before work is covered up and give him at least two full working days' notice to inspect. Unless the Main Contractor does so, no claim for loss and expense shall be entertained by the Employer for opening up, testing and making good, whether or not the works, materials or goods are in accordance with this Contract; or根据本条款第六(三)条打开已覆盖的隐蔽工程以检查,或对工程、材料以及产品进行测试(包括这些剥露、查验随后的修复工作),但查验结果不合格的情况除外。总承包商应在隐蔽工程被覆盖前书面通知建筑师,并至少提前两个工作日通知他来检查,否则无论查验结果合格与否业主均不会补偿承包商的损失;或

(c) Any discrepancy in or divergence between the Contract Drawings and/or the Contract Bills; or合同图纸和/或规范之间有差异、分歧。

(d) Delay on the part of artists, tradesmen or others engaged by the Employer in executing work not forming part of this Contract; or业主雇用的艺术家、工匠或第三方在实施本合同范围外的工作中造成的延误;或

(e) Architect's instructions issued in regard to the postponement of any work to be executed under the provisions of this Contract ; Architect's instructions issued under clause 二一(二) of the Standard Conditions of Contract, except for order issued under clause 二一(三) which is to stop/postpone any work due to the Main Contractor's failure/default in compliance with the Specification, Drawings or Architect's instructions or 建筑师根据本合同标准条款第二一(二)条发出的停工令、暂缓施工指令,但不含建筑师根据第二一(三)条因总承包商未能或错误履行规范、图纸、建筑师指令而(特意)发出的停工令、暂缓施工指令;

and if the written application is made within a reasonable time of it becoming apparent that the progress of the Works or of any part thereof has been affected as aforesaid, then the Architect shall either himself ascertain or shall instruct the Quantity Surveyor to ascertain the amount of such loss and/or expense. Any amount from time to time so ascertained shall be added to the Contract Sum, and if an Interim Certificate is issued after the date of ascertainment any such amount shall be added to the amount which would otherwise be stated as due in such Certificate. The written application by the Main Contractor shall include a fully detailed and substantiated claim showing the justification and build-up of such loss and/or expense claimed by the Main Contractor and shall be made within sixty days of the commencement of the event giving rise to such loss and/or expense. Any lapse of time longer than sixty days shall be deemed to be an unreasonably distant time for the above stated purpose and the Main Contractor shall be deemed to have waived his right to such claim based on the aforesaid justification and build-up. The provision of the fully bona-fide detailed and substantiated build-up at the time the written application is submitted is a prerequisite for any claim under this heading being accepted for consideration. Notification only of a future intention to submit a claim under this heading or a claim submitted without any bona-fide justification and details will not be accepted as complying with the requirements of this clause. In the event of the Main Contractor failing to comply with these requirements, the amount of the loss and/or expense to which the Main Contractor may be entitled shall be as determined by the Architect or the Quantity Surveyor based on his own estimate without the obligation to review the required details which may be available later after the due date as stipulated. 而且如果书面申请是在工程整体或局部进度明显地受到前述影响后的合理时间内发出的,那么建筑师需亲自或指示工料测量师(利比QS)确认损失和/或开支金额。承包人的索赔要求被批准后,其应当获得的索赔款应在当期付款证书中体现并随工程进度款支付。总承包商提交的书面资料应包含一份详细且充实的索赔,说明索赔的理由及相关损失和/或费用的明细,并应在该事件开始后的六十天内提出。任何超过六十天的时间应视为上述目的的不合理时间,应视为总承包商已放弃该索赔权。在提交书面申请时,提供真实的明细和有理有据的论证是本条款下任何索赔接受审议的先决条件。仅有意向通知,没有提供任何正当理由和详细资料的索赔,则会被视为不符合本条款的要求而不被接受。如果总承包商未能遵守这些要求,建筑师或工料测量师(RLB 利比)可根据自己的评估来确定总承包商的可索赔额,且无义务来审查可能在规定的截止日期后才提供的证明材料。……(简言之,工期延长伴随的经济索赔,其上报有效期为从事件发生起的六零天内)

(二) The provisions of this Condition are without prejudice to any other rights and remedies which the Main Contractor may possess. The provisions of this Condition shall be in substitution for and shall exclude the Main Contractor's other rights and remedies (including the right to recover damages for breach of contract) in respect of any of the matters mentioned in clause 二四(一). 本条款应取代并排除总承包商对第二四(一)条所述任何事项的其他权利和补偿(包括因发包人违约而要求索赔的权利)。

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香港英文合同范本 第二篇

(一) The Architect may issue instructions requiring a variation and he may sanction in writing any variation made by the Main Contractor otherwise than pursuant to an instruction of the Architect. No variation required by the Architect or subsequently sanctioned by him shall vitiate this Contract. The Main Contractor shall, in accordance with clause 二(一) of these Conditions, comply with all instructions issued to him by the Architect under clause 一一 of these Conditions. For the avoidance of doubt, it is acknowledged and accepted by the Main Contractor that the provision of and/or the agreement on the valuation of any variations arising out of or in connection with or as a consequence of any instruction issued by the Architect shall in no case be a pre-requisite for the commencement of the execution of the variation works on site and irrespective of whether or not the variation works have actually been commenced on site, the provisions of clause 二(一) of the Conditions of Contract shall always apply. 建筑师可以发出指令要求做出变更,也可以书面批准总承包商未按建筑师指令直接做出的变更。建筑师所要求的变更以及他事后所确认的变更不会使合同失效。总承包商应根据本条款第二(一)条的规定,遵照执行建筑师根据本条款第一一条向其发出的所有指令。为避免疑义,总承包商应承认并接受,由建筑师发出的任何指令所产生的或与之相关的或由此造成的任何变更,相应的条款和/或协议在任何情况下都不能构成现场执行变更工作的先决条件,同时,不管变更工作是否已在现场开始,本合同条款的第二(一)条始终适用。……(简言之,总包需严格执行AI,即使VO没批也得先动工)

(二) The term 'variation' as used in these Conditions means the alteration or modification of the design, quality or quantity of the Works as shown upon the Contract Drawings and described by or referred to in the Contract Bills, and includes the addition, omission or substitution of any work, the alteration of the kind of standard of any of the materials or goods to be used in the Works, and the removal from the site of any work, materials or goods executed or brought thereon by the Main Contractor for the purposes of the Works other than work, materials or goods which are not in accordance with this Contract. 本合同条件中的“变更”一词是指合同图纸上所标示的、清单中描述所依据的本工程的设计、质量和数量的更改及调整,包括任何工程的增加、减少或替代,工程拟用材料、产品的标准的更改,以及从工地上移除任何总包为履约而已经实施的工程、已运来的材料及产品,但不符合本合同要求的工程、材料和产品除外。

(三) The Architect shall issue instructions in regard to the expenditure of prime cost* and provisional sums included in the Contract Bills and of prime cost sums which arise as a result of instructions issued in regard to the expenditure of provisional sums. Subject to any express provision to the contrary contained in the Contract Bills or any instruction of the Architect, the quantity of work for any "Provisional" item included in the Contract Bills shall at the time of remeasurement and valuation of the Works be omitted and in its place shall be added any such work as may have been required by the Architect. Subject to any instruction of the Architect, both such omission and addition shall be valued at the rates contained in the Contract Bills for such "Provisional" items and not otherwise. 建筑师应当就(合同清单中涵盖的)暂估价、暂列金额的支出,以及(就暂列金额支出签发指令而产生的)暂估价总额的支出签发建筑师指令。根据合同清单中的任何明确规定或建筑师的任何指令,合同清单中涵盖的任何“暂列金额”子项的工程量在重新计量计价时需被删除,并在清单原处增加任何建筑师要求的类似工作(以替代删除项)。根据建筑师的指令,“暂列金额”子项的取消或增加需严格按合同清单列明的单价来计价。

(四) All variations required by the Architect or subsequently sanctioned by him in writing and all work executed by the Main Contractor for which provisional sums are included in the Contract Bills (other than work for which a tender made under clause 二七 (g) of these Conditions has been accepted) shall be measured and valued by the Quantity Surveyor (or by the Building Services Engineer for variations and works pertaining to building services installation) who shall give to the Main Contractor an opportunity of being present at the time of such measurement and of taking such notes and measurements as the Main Contractor may require. The valuation of variations and of work executed by the Main Contractor for which a provisional sum is included in the Contract Bills (other than work for which a tender has been accepted as aforesaid) unless otherwise agreed shall be made in accordance with the following rules建筑师所要求的全部变更或者建筑师随后书面批准的变更,以及总承包商实施的全部工程(已按照本合同条款二七(g)条投标且中标的工程除外),包括合同清单中的暂列金额项目,均需由工料测量师RLB利比(或建筑服务顾问JRP,如果变更和原工作与建筑安装工程有关)计量估价。若总承包商提出要求,工料测量师应在现场收方时给总包在场记录、实测的机会。除非另有协议,总包完成的变更和工作,包括合同清单中的暂列金额项目(前述的已中标工程除外),其估价应按以下规则进行: -

(a) The prices in the Contract Bills shall determine the valuation of work of similar character executed under similar conditions as work priced there in工程量清单中的单价需做为(新增的)类似子目的定价依据;

(b) The said prices, where work is not of a similar character or executed under similar conditions as aforesaid, shall be the basis of prices for the same so far as may be reasonable, failing which a fair valuation thereof shall be made, 如果该变更工作与合同清单中的子目特征不同,或者不是在前述的类似施工条件下完成的,则清单中的类似子目价可在合理程度内做为该变更工作的定价依据,如不适用则应单独定价,

(c) Where work cannot properly be measured and valued the Main Contractor shall be allowed daywork rates如果该变更工作不便于测量和评估,应采用计日工方式给总承包商计价:

(i) at the rates inserted by the Main Contractor in the Contract Bills; or 按照总承包商在合同清单中填写的单价,或

(ii) where no such rates have been inserted, the Quantity surveyor shall determine rates that are reasonable; Where no such rates have been inserted for labour, at such rates as the Quantity Surveyor (or the Building Services Engineer for variations and works pertaining to building services installation) shall determine as being reasonable. 当(清单中)没有这样的工日单价时,则按照工料测量师RLB利比(或建筑服务顾问JRP,如果变更和原工作与建筑安装工程有关)确定的合理单价进行计价。

(iii) where materials are specifically provided for work valued under sub­clause (四) (c) of this Condition such materials shall be valued at cost plus the cost of packing, carriage and delivery with an addition of fifteen ten percent (一五%一零%) for overheads and profit. 当为本工程所特供的材料是按照本条款(四)(c)所估价的,该材料的定价应为成本加包装费、运输费和派送费之和再加上一零%的管理费和利润.

(iv) where construction plant are specifically provided for work valued under sub-clause 四(c) of this Condition such construction plant shall be valued at cost of hiring plus the cost of transportation, fuel, maintenance and insurance with an addition of ten percent (一零%) for overheads and profits. 当施工设备是按本条款第四(c)条的要求而特供的,则该施工设备的定价应为租赁费加运输费、燃料费、维修保养费、保险费之和再加上百分之十(一零%)的管理费和利润。

Provided that in any case vouchers, specifying the time daily spent upon the work (and if required by the Architect the workmen' names) and the materials employed, shall be delivered for verification to the Architect or his authorized representative not later than the end of the week following that in which the work has been executed; 但是,在任何情况下,记录有工作时间明细的凭证(以及工人姓名,如建筑师另有要求)和所使用的材料应提交给建筑师或其代表核实,提交时间不迟于完工后的一周内。

(d) The prices in the Contract Bills shall determine the valuation of items omitted; provided that if omissions substantially vary the conditions under which any remaining items of work are carried out the prices for such remaining items shall be valued under rule (b) of this sub-clause. 合同工程量清单中的单价将决定所删减项目的单价;但是如果工程删减实质性地改变了合同要求,而剩余工程将按照更改后的要求来实施,那么该剩余子目的价格需按照本条款(b)条规定予以评估。

(e) If required by the Architect the Main Contractor shall within fourteen days of the Architect' s written request submit a detailed estimate of the value of any variation. The Main Contractor shall within fourteen days upon receipt of any written instruction or written sanction issued by the Architect pursuant to sub-clause(一) of this clause, or in the case of an oral instruction given by the Architect at the same time the Main Contractor submits his written confirmation to the Architect on the oral instruction, submit a bona-fide justification and detailed estimate of the value of any variation issued or sanctioned or confirmed. Submission of an estimate or a quotation without any detailed build-up will not be accepted as complying with the requirements of this sub-clause. 总承包商应在收到建筑师根据本条款第(一)条发出的任何书面指令或书面同意的一四天内,或在建筑师发出口头指令且总承包商已提交口头指令的书面确认文件后,针对所有已指令的、已同意的或已确认的变更,提交一份真实的报告和对变更额的详细评估仅提交估价或报价而无明细说明将视为不符合要求而不被接受。……(简言之,一四天内必须提交变更的索赔额及明细,否则索赔不再被接受)

(五) Effect shall be given to the measurement and valuation of variations under sub­clause (四) of this Condition in Interim Certificates and by adjustment of the Contract Sum; and effect shall be given to the measurement and valuation of work for which a provisional sum is included in the Contract Bills under the said sub-clause in Interim Certificates and by adjustment of the Contract Sum in accordance with clause 三零 (五)(c) of these Conditions. Provided that the Main Contractor’s compliance with the requirement of sub-clause (四)(e) of this clause within the fourteen days period stipulated shall be a condition precedent to his entitlement to the opportunity of being present at the time of measurement and of taking notes and measurements as stated in sub-clause(四) of this clause for the purpose of effecting the measurement and valuation of variations with net additions to be given in Interim Certificates and by adjustment of the Contract Sum. 本条款第(四)条中所述的变更的计量计价应在中期付款证书中通过调整合同总价的方式来实施。同时,前述条款中对于合同清单所含的暂列金额的计量计价,应按照本合同条款第三零(五)(c)条执行,在中期证书中通过调整合同总价的方式来实施。总承包商在规定的十四天期限内遵守本条款第(四)(e)条的约定,是其获得如本条款(四)中规定的在现场收方时有资格到场、记录和实测实量的先决条件,符合后方可在中期证书中通过调整计量、变更净增加额及合同总额来实施。……(简言之,一四天内必须提交变更的索赔额及明细,方有机会计价及调整合同额,否则丧失索赔权)

(六) If upon written application being made to him by the Main Contractor, the Architect is of the opinion that a variation or the execution by the Main Contractor of work for which a provisional sum is included in the Contract Bills (other than work for which a tender made under clause 二七(g) of these Conditions has been accepted) has involved the Main Contractor in direct loss and/or expense for which he would not be reimbursed by payment in respect of a valuation made in accordance with the rules contained in subclause (四) of this Condition and if the said application is made within a reasonable time of the loss or expense having been incurred, then the Architect shall either himself ascertain or shall instruct the Quantity Surveyor to ascertain the amount of such loss or expense. Any amount from time to time so ascertained shall be added to the Contract Sum, and if an Interim Certificate is issued after the date of ascertainment any such amount shall be added to the amount which would otherwise be stated as due in such Certificate. The written application by the Main Contractor shall include a fully detailed and substantiated claim showing the justification and build-up of such loss and/or expense claimed by the Main Contractor and shall be made within sixty days of the commencement of the event giving rise to such loss and/or expense. Any lapse of time longer than sixty days shall be deemed to be an unreasonably distant time for the above stated purpose and the Main Contractor shall be deemed to have waived his rights to such claim based on the aforesaid justification and build-up. The provision of the fully bona-fide detailed and substantiated build-up at the time the written application is submitted is a prerequisite for any claim under this heading being accepted for consideration. Notification only of a future intention to submit a claim under this heading or a claim submitted without any bona-fide justification and details will not be accepted as complying with the requirements of this clause. In the event of the Main Contractor failing to comply with these requirements, the amount of the loss and/or expense to which the Main Contractor may be entitled shall be as determined by the Architect or the Quantity Surveyor based on his own estimate without the obligation to review the required details which may be available later after the due date as stipulated. 在收到总承包商的书面申请后,如果建筑师认为,某个变更或者总包实施的属于合同清单中暂列金额子项的某个工程(按照本合同条件二七(g)款所投标且已中标的工程除外)已经使总包遭受直接损失和/或额外开支,但是总承包商不能按照基于本条款第(四)条的规则做出的估价予以付款从而得到补偿,并且该申请是在损失或支出发生后的合理时间内提出的,那么建筑师应该自己或者指示工料测量师(RLB利比)确认损失或额外开支的金额。以此方式确定的金额应随时加到合同总价中。如果中期付款证书是在该金额确定之后签发的,那么该金额应加到证书所述的应付款中。总承包商提交的书面申请应包括一份真实且详细的索赔,说明总承包商索赔的理由及相关损失和/或开支的明细,并应在事件发生后的六十天内上报该损失和/或费用。任何超过六十天的时间应视为上述目的的不合理时间,总承包商应被视为已放弃对建立在前述理由、费用明细之上的索赔权。在提交书面申请时,提供真实的明细和有理有据的论证是本条款下任何索赔接受审议的先决条件。仅有意向通知,没有提供任何正当理由和详细资料的索赔,则会被视为不符合本条款的要求而不被接受。如果总承包商未能遵守这些要求,建筑师或工料测量师(RLB利比)可根据自己的评估确定总承包商本可有权索赔的损失额,且无义务来审查承包商在规定的截止日期后才提交的明细资料。……(简言之,Provisional Sum中总价四零零万的暂列金额(NDSC型甲指分包)工作的索赔有效期为六零天)

* The term 'prime cost' may be indicated by the abbreviation '.' in any document relating to this Contract (including the Contract Bills), and wherever the abbreviation is used it shall be deemed to mean 'prime cost'. 在所有和本合同(及合同清单)相关的文件中,专有名词“Prime Cost暂估价”可能意指缩略词“.”;但是,只要改缩略词出现,无论何处,皆默认意指“Prime Cost暂估价”。

香港英文合同范本 第三篇

It is expressly agreed that clause 二三 of the Standard Conditions of Contract is deleted and is replaced by the following 双方明确同意删除标准条款第二三条全文并以下文取代:

(一) Upon it becoming reasonably apparent that the progress of the Works is delayed, or is likely to be delayed, the Main Contractor shall forthwith give written notice, but no later than fourteen days after the occurrence of the event which causes or is likely to cause the progress of the Works to be delayed, to the Architect of the material circumstances including the cause or causes of the delay. The Main Contractor shall, if practicable in such notice or otherwise in writing as soon as possible after such notice, give particulars of the expected effects of the delay, or potential delay, and shall estimate the extent, if any, of the expected delay to the completion of the Works beyond the Date for Completion stated in the appendix to the Standard Conditions of Contract or beyond any extended time previously fixed under either this Special Condition of Contract or clause 三三(一)(c) of the Standard Conditions of Contract. The Main Contractor shall give such further notices, if the delay is still on going, on a monthly basis for keeping up-to-date the particulars and estimate of the expected delay to the completion of the Works. 一旦工程进度已明显滞后或将要滞后,总承包商应立即书面通知建筑师相关的重大情况,包括延误的原因,该通知不得迟于已造成或可能造成工程延期事件发生后的十四天内。总承包商应在通知中(如可行)或在该通知发出后尽快以书面形式详细说明延误或潜在延误将造成的预期后果,并应评估预计延期的程度(如有发生),该评估需与标准合同条件附录中约定的完工时间或本合同特殊条件或标准合同条件的三三 (一)(c)条确定的时间做对比。如果延误在持续进行,总承包商应进一步发出通知,按月更新,以便(建筑师)及时了解该延期事件的详细情况和预计的延误时间。

(二) If, in the opinion of the Architect, upon receipt of any notice, particulars and estimate given by the Main Contractor under sub-clause (一) of this Special Condition of Contract, the completion of the Works is likely to be or has been delayed beyond the Date for Completion stated in the appendix to the Standard Conditions of Contract or beyond any extended time previously fixed under either this Special Conditions of Contract or clause 三三(一)(c) of the Standard Conditions of Contract, 如果建筑师在收到任何总承包商基于本合同特殊条件条款(一)的要求提交的通知、明细和评估数据后,认为与标准合同条件附录中原定的完工日期或本合同特殊条件或标准合同条件条款三三 (一)(c)明确顺延后的日期相比,本工程将要延期或者已经延期,是

(a) by force majeure, or 因为不可抗力,或

(b) by reason of Architect's instructions issued under clauses 一(二) (subject always to the provisions of clause 一(三)), 一一(一) or 二一(二) of the Conditions of Contract, or 因为建筑师基于本合同条款一(二) (在符合一(三)条款的前提下)、一一(一)或二一(二)发出的建筑师指令,或……(简言之,AI建筑师指令)

(c) by reason of the Main Contractor not having received in due time necessary instructions, drawings, details or levels from the Architect for which he specifically applied in writing on a date which having regard to the Date for Completion stated in the appendix to the Standard Conditions of Contract or to any extension of time then fixed under this Special Condition of Contract or clause 三三(一)(c) of the Standard Conditions of Contract was neither unreasonably distant from nor unreasonably close to the date on which it was necessary for him to receive the same, or 因为总承包商没有及时收到建筑师提供的必要指令、图纸、详图(大样)或标高,并且就这些文件总承包商已明确用书面形式申请并在特定时间发出,该时间既不能与标准合同附录中明确的完工日期或本合同特殊条件或标准合同条款第三三(一)(c)条明确批复的顺延后日期相比有过长的不合理间隔,又不能和建筑师必要的接收时间相隔太近。……(简言之,总包未及时收到必要施工依据,且已及时书面通知到位,并给建筑师留有合理的回复时间)

(d) by delay on the part of artists, tradesmen or others engaged by the Employer in executing work not forming part of this Contract, or 由于业主雇用的艺术家、工匠或者第三方在实施本合同范围外的工作中造成的延误,或……(简言之,与业主直接签订合同的第三方,如地连墙分包新利)

(e) by reason of the opening up for inspection of any work covered up or of the testing of any of the work, materials or goods in accordance with clause 六(三) of the Conditions of Contract (including making good in consequence of such opening up or testing), unless the inspection or test showed that the work, materials or goods were not in accordance with this Contract, (for the avoidance of doubts, at least two full working days' written notification for inspection before work is covered up is a condition precedence for granting of any extension of time), or (总承包商)根据合同条款第六(三)条,剥露已覆盖的隐蔽工程以供建筑师检查,或供其检测任何工程,材料或者产品(包括这些剥露、查验随后的修复工作),查验结果合格的,(为避免疑义,在进行隐蔽工程覆盖前,至少应提前二个完整的工作日书面通知发包人来检查,此为给予任何工期顺延的先决条件),或者

(f) by reason of compliance with the provisions of clause 三四 of the Standard Conditions of Contract or with Architect's instructions issued thereunder, or 由于执行标准合同条款第三四条的规定(即发现地下文物而停工)或建筑师随后发出的指令,或

(g) by reason of the Main Contractor not being given possession of the Site or any part or relevant part thereof in accordance with the Contract, or 由于场地未按合同规定移交给总承包商,或者任何局部或相关部分未移交,或

(h) by reason of any act of prevention or neglect or breach of contract by the Employer, his servants or agents, 由于业主、其雇员或代理人的任何阻止、疏忽或违约行为,

(i) by reason of inclement weather conditions, being rainfall in excess of twenty millimetres in a twenty-four-hour period (midnight to midnight) as recorded by Macao Meteorological and Geophysical Bureau station nearest to the Site, and/or its consequences adversely affecting the progress of the Works, or 由于恶劣天气发生,离工地最近的澳门地球物理暨气象局监测站记录到二四小时内(午夜到午夜)总降雨量超过二零mm,且/或降雨后果严重影响到工期;或

(j) by reason of the hoisting of tropical cyclone warning signal No. 八 or above or the announcement of a Black Rainstorm Warning, 由于八级或以上热带气旋登陆,或有黑色暴雨警告发布,

then the Architect shall so soon as he is able to estimate the length of the delay beyond the date or time aforesaid make in writing a fair and reasonable extension of time for completion of the Works and notify the Main Contractor accordingly. Provided always that the Main Contractor shall use constantly his best endeavours to prevent delay and shall do all that may reasonably be required to the satisfaction of the Architect to proceed with the Works. For the avoidance of doubt, any extension of time granted shall include any day which is Sunday, Statutory and DSSOPT announced non-construction Holiday and if the length of the delay is assessed to be less than half day, no extension of time will be granted and if the length of delay is assessed to be more than half day but not up to full day, only a half-day extension of time will be granted. 此时,建筑师应尽快估算超出上述日期或时间的延误天数,以书面形式公平合理地顺延工期,并相应地通知总承包商。总承包商应尽其最大努力防止延误,尽力按照建筑师合理要求实施本工程。为避免疑义,所有已批复的顺延天数应包含星期日、法定假期和土地工务运输局宣布的非施工生产假期的任何一天。如果延误的时长经评估后不足半天,工期将不予顺延;如果延误时间超过半天但不满一天,则只顺延半天。

For the avoidance of doubt, the lack of construction permit or consent does not fall into any of the above sub-clauses (二)(a) to (二)(j). There shall be no extension of time granted due to the lack of construction permit or consent. 为避免疑义,缺乏施工许可或同意,不属于上述第(二)(a)至(二)(j)条的任何一种情况。由此造成的工期延误,一律不予顺延。

(三) In determining any extension of time to which the Main Contractor may be entitled, the Architect shall not be obliged to take into account any cause or event unless the Main Contractor shall have notified the Architect in the manner specified in SCC 二三(一) of this Special Condition of Contract, and in addition has within twenty-eight days of the cause or event or if the cause or event lasts for more than twenty-eight days, within twenty-eight days upon the cessation of the cause or event supplied to the Architect: 在审批总承包商可能有权获得的任何延期时,建筑师无义务考虑任何延期原因或事件,除非总承包商已按本合同特殊条款SCC 二三(一)规定的方式通知过建筑师,且在延期事件发生后的二十八天内,或当延期事件持续超过二十八天时在该事件结束后的二十八天内,已提供以下资料给建筑师:

(i) full details of the effect of the event on the progress of the works on site; and 该事件对本工程现场进度影响的详细情况; 和

(ii) full details of the effect of the event on other trades or activities, including the works of sub-contractors on site; and 本事件影响其他专业(工程)或活动的详细情况,包括现场分包商的工作内容;和

(iii) full details of the steps to be taken by the Main Contractor to comply with his obligation to prevent the delay. 总承包商为尽其义务避免延误所采取的详细措施。

Provided that the Main Contractor's compliance with the requirements of SCC 二三 including compliance with the period for notification and supply of bona-fide details to the Architect, shall be a condition precedent to his entitlement for an extension of time based on the full details supplied to the Architect as stated in sub-clauses (i), (ii) and (iii). In the event of the Main Contractor failing to comply with these requirements, the extension of time to which the Main Contractor may be entitled, shall be as determined by the Architect based on his own estimate without the obligation to review the required details which may be available later after the due date as stipulated the Main Contractor shall not be entitled to any extension of time under the Main Contract or otherwise. (但规定)总承包商遵守SCC二三的要求,在规定的时间内,根据本条款第(i), (ii)和(iii)条的要求向建筑师提供全部详细资料,是其行使延期权的先决条件。如果总承包商未能遵守这些要求,总承包商本可有权顺延的工期应由建筑师根据自己的评估而定,且建筑师无义务来审查承包商在规定的截止日期后才提供的明细资料。

(四) At any time before the issue of a Final Certificate in respect of the Works the Architect shall be empowered, either upon the application in writing by the Main Contractor or the Employer or upon his own motion, to review and amend in any manner whatsoever any previous decision made under sub-clause (二) of this Condition or SCC 二二(三) of the Special Conditions of Contract PROVIDED THAT in case any earlier decision by the Architect on extension of time is to be reviewed and adjusted in favour of the Main Contractor in relation to such previous decision the Main Contractor shall have has fully complied with the requirements of this clause. 在签发相关工程的竣工结算证书之前,建筑师有权在收到总承包商或业主的书面申请时,或由其自行决定,以任何方式审查和修改先前根据本条款第(二)条或合同特殊条件的SCC 二二(三)条做出的任何延期许可,如果其受益人是总包方。且就此前的延期许可而言,总承包商已完全符合本章节相关条款的要求。

(五) The Main Contractor is not entitled to claim for extension of time due to the delay to the progress of the Works by reason of protest or demonstration or the subsequent effects. 对于抗议活动、示威游行或其随后的影响,总承包商无权要求延长工期。

(六) If the Employer considers that the completion of the works as stipulated in the appendix to these conditions or any extended date for completion would be/has been delayed due to the reasons other than that stipulated in SCC 二三(二), the Employer may issue instruction to the Main Contractor to complete any one or more parts in priority. The Main Contractor shall comply with the instruction at no extra time and cost to the contract. 如果业主认为由于除SCC 二三(二)项所述之外的原因,本合同附录所规定的竣工日期或任何顺延后的工期都将/已经被推迟,业主可以向总承包商发出指令,以优先完成任何局部工程。总承包商应遵守该指令,且不得索偿工期、费用。

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