FIDIC合同英文版红皮书99版本part 08_secret

8. Commencement, Delays and Suspension

8.1

Commencement of Works The Engineer shall give the Contractor not less than 7

days' notice of the Commencement Date. Unless

otherwise stated in the Particular Conditions, the

Commencement Date shall be within 42 days after the

Contractor receives the Letter of Acceptance.

The Contractor shall commence the execution of the

Works as soon as is reasonably practicable after the

Commencement Date, and shall then proceed with the

Works with due expedition and without delay.

8.2

Time for Completion The Contractor shall complete the whole of the Works,

and each Section (if any), within the Time for Completion

for the Works or Section (as the case may be), including:

(a) achieving the passing of the Tests on Completion,

and

(b) completing all work which is stated in the Contract as

being required for the Works or Section to be considered

to be completed for the purposes of taking over under

Sub-Clause 10.1 [Taking Over of the Works and Sections].

8.3

Programme The Contractor shall submit a detailed time programme

to the Engineer within 28 days after receiving the notiee

under Sub-Clause 8.1 [Commencement of Works]. The

Contractor shall also submit a revised programme

whenever the previous programme is inconsistent with

actual progress or with the Contractor's obligations. Each

programme shall include:

(a) the order in which the Contractor, intends to carry out

the Works, including the anticipated timing of each stage of

design (if any), Contractor's Documents, procurement,

manufacture of Plant, delivery to Site, construction,

erection and testing,

(b) each of these stages for work by each nominated

Subcontractor (as defined in Clause 5 [Nominated

Subcontractors]),

(c) t he sequence and timing of inspections and tests

specified in the Contract, and

(d) a supporting report which includes:

(i) a general description of the methods which the

Contractor intends to adopt, and of the major

stages, in the execution of the Works, and

(ii) details showing the Contractor's reasonable

estimate of the number of each class of

Contractor's Personnel and of each type of

Contractor's Equipment, required on the Site for

each major stage.

Unless the Engineer, within 21 days after receiving a

programme, gives notice to the Contractor stating the

extent to which it does not comply with the Contract, the

Contractor shall proceed in accordance with the

programme, subject to his other obligations under the

Contract. The Employer's Personnel shall be entitled to rely

upon the programme when planning their activities.

The Contractor shall promptly give notice to the Engineer of

specific probable future events or circumstances which

may adversely affect the work, increase the Contract Price

or delay the execution, of the Works. The Engineer may

require the Contractor to submit an estimate of the

anticipated effect of the future event or circumstances.

and/or a proposal under sub-Clause 13.3 [Variation

Procedure].

If, at any time, the Engineer gives notice to the Contractor

that a programme fails (to the extent stated) to comp,: with

the Contract or to be consistent with actual progress and

the Contractor's stated intentions, the Contractor shall

submit a revised programme to the Engineer 'n accordance

with this Sub-Clause.

8.4

Extension of Time for Completion

The Contractor shall be entitled subject to Sub-Clause 20.1 [Contractor's Claims] to an extension of the Time for Completion if and to the extent that completion for the purposes of Sub-Clause 10.1 [T aking Over of the Works and Sections] is or will be delayed by any of the following causes:

(a) a V ariation (unless an adjustment to the Time for

Completion has been agreed under Sub-Clause 13.3

[Variation Procedure]] or other substantial change in

the quantity of an item of work included in the

Contract,

(b) a cause of delay giving an entitlement to extension of

time under a Sub-Clause of these Conditions,

(c) exceptionally adverse climatic conditions,

(d) Unforeseeable shortages in the availability of

personnel or Goods caused by epidemic or

governmental actions, or

(e) any delay, impediment or prevention caused by or

attributable to the Employer, the Employer's

Personnel, or the Employer's other contractors on the

Site.

If the Contractor considers himself to be entitled to an

extension of the Time for Completion, the Contractor shall

give notice to the Engineer in accordance with Sub-Clause

20.1 [Contractor's Claims]. When determining each

extension of time under Sub-Clause 20.1, the Engineer

shall review previous determinations and may increase, but

shall not decrease, the total extension of time.

8.5

Delays Caused by

If the following conditions apply, namely:

Authorities

(a) the Contractor has diligently followed the procedures

laid down by the relevant legally constituted public

authorities in the Country,

(b) these authorities delay or disrupt the Contractor's

work, and

(c) the delay or disruption was Unforeseeable,

then this delay or disruption will be considered as a cause

of delay under subparagraph (b) of Sub-Clause 8.4

[Extension of Time for Completion].

8.6

Rate of Progress If, at any time:

(a) actual progress is too slow to complete within the Time

for Completion, and/or

(b) progress has fallen (or will fall) behind the current

programme under Sub-Clause 8.3 [Programme],

other than as a result of a cause listed in Sub-Clause 8.4

[Extension of Time for Completion], then the Engineer may

instruct the Contractor to submit, under SubClause 8.3

[Programme], a revised programme and supporting report

describing the revised methods which the Contractor

proposes to adopt in order to expedite progress and

complete within the Time for Completion.

Unless the Engineer notifies otherwise, the Contractor shall

adopt these revised methods, which may require increases

in the working hours and/or in the numbers of Contractor's

Personnel and/or Goods, at the risk and cost of the

Contractor. If these revised methods cause the Employer to

incur additional costs, the Contractor shall subject to

Sub-Clause 2.5 [Employer's Claims] pay these costs to the

Employer, in addition to delay damages (if any) under

Sub-Clause 8.7 below.

8.7

Delay Damages If the Contractor fails to comply with Sub-Clause 8.2 [Time

for Completion], the Contractor shall subject to Sub-Clause

2.5 [Employer's Claims] pay delay damages to the Employer

for this default. These delay damages shall be the sum

stated in the Appendix to Tender, which shall be paid for

every day which shall elapse between the relevant Time for

Completion and the date stated in the Taking-Over

Certificate. However, the total amount due under this

Sub-Clause shall not exceed the maximum amount of delay

damages (if any) stated in the Appendix to Tender.

These delay damages shall be the only damages due from

the Contractor for such default, other than in the event of

termination under Sub-Clause 15.2 [Termination by

Employer] prior to completion of the Works. These damages

shall not relieve the Contractor from his obligation to

complete the Works, or from any other duties, obligations or

responsibilities which he may have under the Contract.

8.8

Suspension of Work The Engineer may at any time instruct the Contractor to

suspend progress of part or all of the Works. During such

suspension, the Contractor shall protect, store and secure

such part or the Works against any deterioration, loss or

damage.

The Engineer may also notify the cause for the suspension.

If and to the extent that the cause is notified and is the

responsibility of the Contractor, the following Sub-Clauses

8.9, 8.10 and 8.11 shall not apply.

8.9

Delayed Tests If the Tests on Completion are being unduly delayed by

the Employer, Sub-Clause 7.[Testing] (fifth paragraph)

and/or Sub-Clause 10.3 [interference with Tests or

Completion] shall be applicable.

If the Tests on Completion are being unduly delayed by

the Contractor, the Engineer may by notice require the

Contractor to carry out the Tests within 21 days after

receiving the notice. The Contractor-shall carry-out the

Tests on such day or days within that period as the

Contractor may fix and of which he shall give notice to

the Engineer.

If the Contractor fails to cant' out the Tests on

Completion within the period of 21 days, the Employer's

Personnel may proceed with the Tests at the risk and

cost of the Contractor. The Tests on Completion shall

then be deemed to have been carried out in the

presence of the Contractor and the results of the Tests

shall be accepted as accurate.

8.10

Retesting If the Works, or a Section, fail to pass the Tests on

Completion, Sub-Clause 7.5 [Rejection] shall apply, and

the Engineer or the Contractor may require the failed

Tests, and Tests on Completion on any related work, to

be .repeated under the same terms and conditions.

(a) the work on Plant or delivery of Plant and/or

Materials has been suspended for more than 28 days,

and

(b) the Contractor has marked the Plant and/or

Materials as the Employer's property in accordance with

the Engineer's instructions.

8.11

Prolonged Suspension If the suspension under Sub-Clause 8.8 [Suspension of

Work] has continued for more than 84 days, the

Contractor may request the Engineer's permission to

proceed. If the Engineer does not give permission within

28 days after being requested to do so, the Contractor

may, by giving notice to the Engineer, treat the

suspension as an omission under Clause 13 [Variations

and Adjustments] of the affected part of the Works. If the

suspension affects the whole of the Works, the

Contractor may give notice of termination under

Sub-Clause 16.2 [T ermination by Contractor].

8.12

Resumption of Work After the permission or instruction to proceed is given,

the Contractor and the Engineer shall jointly examine the

Works and the Plant and Materials affected by the

suspension. The Contractor shall make good any

deterioration or defect in or loss other Works or Plant or

Materials, which has occurred during the suspension.