1、unit 4承包合同原文及參考答案unit 4承包合同原文及參考答案8/8unit 4承包合同原文及參考答案Unit Four Some Contract Terms for Works of Civil Engineering Construction國(guó)際土木工程建筑承包合同中的一些條款Group 122.(1) The Contractor shall, except if and so far as the Contract provides otherwise, indemnify the Employer against all losses and claims in respec

2、t of injuries or damage to any person or material or physical damage to any property whatsoever which may arise out of or in consequence of the execution and maintenance of the Works and against all claims, proceedings, damages, costs, charges and expenses whatsoever in respect of or in relation the

3、reto except any compensation or damages for or with respect to:(a) The permanent use or occupation of land by the Works or any part thereof. (b) The right of the Employer to execute the Works or any part thereof on, over, under, in or through any land. (c) Injuries or damage to persons or property w

4、hich are the unavoidable result of the execution or maintenance of the Works in accordance with the Contract.Group 2 (d)Injuries or damage to persons or property resulting from any act or neglect of the Employer, his agents, servants or other contractors, not being employed by the Contractor, or for

5、 or in respect of any claims, proceedings, damages, costs, charges and expenses in respect thereof or in relation thereto or where the injury or damage was contributed to by the Contractor, his servants or agents such part of the compensation as may be just and equitable having regard to the extent

6、of the responsibility of the Employer, his servants or agents or other contractors for the damage or injury. 22. (2) The Employer shall indemnify the Contractor against all claims, proceedings, damages, costs, charges and expenses in respect of the matters referred to in the provision sub-clause (1)

7、 of this ClauseGroup 323.(1) Before commencing the execution of the Works the Contractor, but without limiting his obligations and responsibilities under Clause 22 hereof, shall insure against his liability for any material or physical damage，loss or injury which may Occur to any property, including

8、 that of the Employer, or to any person, including any employee of the Employer, by or arising out of the execution of the Works or in the carrying out of the Contract, otherwise than due to the matters referred to in the provision Clause 22(1) hereof.23. (2) Such insurance shall be effected with an

9、 insurer and in terms approved by the Employer, which approval shall not be unreasonably withheld, and for at least the amount stated in the Appendix to the TenderThe Contractor shall, whenever required, produce to the Engineer or the Engineers Representative the policy or policies of insurance and

10、the receipts for payment of the current premiumsGroup 423. (3) The terms shall include a provision whereby, in the event of any claim in respect of which the Contractor would be entitled to receive indemnity under the policy being brought or made against the Employer, the insurer will indemnify the

11、employer against such claims and any costs, charges and expenses in respect thereof.24.(1) The Employer shall not be liable for or in respect of any damages or compensation payable at law in respect or in consequence of any accident or injury to any workman or other person in the employment of the C

12、ontractor or any sub-contractor, save and except an accident or injury resulting from any act or default of the Employer, his agents, or servants. The Contractor shall indemnify and keep indemnified the Employer against all such damages and compensation, save and except as aforesaid, and against all

13、 claims, proceedings, costs, charges and expenses whatsoever in respect thereof or in relation thereto.Group 524. (2) The Contractor shall insure against such liability with an insurer approved by the Employer, which approval shall not be unreasonably withheld, and shall continue such insurance duri

14、ng the whole of the time that any persons are employed by him on the Works and shall, when required, produce to the Engineer or the Engineers Representative such policy of insurance and the receipt for payment of the current premium. Provided always that, in respect of any persons employed by any su

15、b-contractor, the Contractors obligation to insure as aforesaid under this sub-clause shall be satisfied if the sub-contractor shall have insured against the liability in respect of such persons in such manner that the Employer is indemnified under the policy, but the Contractor shall require such s

16、ub-contractor to produce to the Engineer or the Engineers Representative, when required, such policy of insurance and the receipt for the payment of the current premium.Group 629. All operations necessary for the execution of the Works shall, so far as compliance with the requirements of the Contrac

17、t permits, be carried on so as not to interfere unnecessarily or improperly with the convenience of the public, or the access to, use and occupation of public or private roads and footpaths to or of properties whether in the possession of the Employer or of any other person. The Contractor shall sav

18、e harmless and indemnify the Employer in respect of all claims, proceedings, damages, costs, charges and expenses whatsoever arising out of, or in relation to, any such matters in so far as the Contractor is responsible therefor.30.(1) The Contractor shall use every reasonable means to prevent any o

19、f the highways or bridges communicating with or on the routes to the Site from being damaged or injured by any traffic of the Contractor or any of his sub-contractors and, in particular, shall select routes, choose and use vehicles and restrict and distribute loads so that any such extraordinary tra

20、ffic as will inevitably arise from the moving of plant and material from and to the Site shall be limited, as far as reasonably possible, and so that no unnecessary damage or injury may be occasioned to such highways and bridges. Group 730. (2) Should it be found necessary for the Contractor to move

21、 one or more loads of Constructional Plant，machinery or pre-constructed units or parts of units of work over part of a highway or bridge，the moving whereof is likely to damage any highway or bridge unless special protection or strengthening is carried out, then the Contractor shall before moving the

22、 load on to such highway or bridge give notice to the Engineer or Engineers Representative of the weight and other particulars of the load to be moved and his proposals for protecting or strengthening the said highway or bridge. Unless within fourteen days of the receipt of such notice the Engineer

23、shall by counter notice direct that such protection or strengthening is unnecessary, then the Contractor will carry out such proposals or any modification thereof that the Engineer shall require and, unless there is an item or are items in the Bill of Quantities for pricing by the Contractor of the

24、necessary works for the protection or strengthening aforesaid, the costs thereof shall be paid by the Employer to the Contractor.Group 830. (3) If during the execution of the Works or at any time thereafter the contractor shall receive any claim arising out of the execution of the Works in respect o

25、f damage or injury to highways or bridges he shall immediately report the same to the Engineer and thereafter the Employer shall negotiate the settlement of and pay all sums due in respect of such claim and shah indemnify the Contractor in respect thereof and in respect of all claims, proceedings, d

26、amages, costs, charges and expenses in relation thereto. Provided always that if and so far as any such claims or part thereof shall in the opinion of the Engineer be due to any failure on the part of the Contractor to observe and perform his obligations under sub-clauses (1) and (2) of this Clause,

27、 then the amount certified by the Engineer to be due to such failure shall be paid by the Contractor to the Employer. 30.(4) Where the nature of the Works is such as to require the use by the Contractor of waterborne transport the foregoing provisions of this Clause shall be construed as though “hig

28、hway” included a lock, dock, sea wall or other structure related to a waterway and “vehicle” included craft, and shall have effect accordingly. Unit Four Some Contract Terms for Works of Civil Engineering Construction國(guó)際土木工程建筑承包合同中的一些條款22(1)The Contractor shall，except if and SO far as the Contract pr

29、ovides otherwiseindemnify the Employer against all losses and claims in respect of injuries or damage to any person or material or physical damage to any property whatsoever which may arise out of or in consequence of the execution and maintenance of the Works and against all claims，proceedings，dama

30、ges，costs，charges and expenses whatsoever in respect of or in relation thereto except any compensation or damages for or with respect to： 221 除合同另有規(guī)定外，承包人必須保護(hù)業(yè)主不得因施工和工程維護(hù)而產(chǎn)生或?qū)е碌娜魏稳藛T傷害、材料損失及財(cái)產(chǎn)損失而受任何損失和作任何賠償，且不因所有與之有關(guān)的任何索賠、訴訟、損害賠償金、訴訟費(fèi)、開支和費(fèi)用而受損失，對(duì)下列事項(xiàng)所作或與之有關(guān)的補(bǔ)償或損害賠償除外：(a)The permanent use or occupatio

31、n of land by the Works or any part thereof工程或部分工程永久使用或占用土地； (b)The right of the Employer to execute the Works or any part thereof on，over，under，in or through any land 業(yè)主在任何土地面上、上方、下面、里面或經(jīng)過(guò)部分施工或部分施工的權(quán)利； (C)Injuries or damage to persons or property which are the unavoidable result of the execution or

32、maintenance of the Works in accordance with the Contract 按合同規(guī)定施工或維護(hù)工程而不可避免的人身傷害或財(cái)產(chǎn)損失； (d)Injuries or damage to persons or property resulting from any act or neglect of the Employer，his agents，servants or other contractors，not being employed by the Contractor，or for or in respect of any claims，procee

33、dings，damages，costs，charges and expenses in respect thereof or in relation thereto or where the injury or damage was contributed to by the Contractor，his servants or agents such part of the compensation as may be just and equitable having regard to the extent of the responsibility of the Employer，hi

34、s servants or agents or other contractors for the damage or injury 因業(yè)主、其代理人、雇員或其他不為承包人所雇用的承包商的任何行為或過(guò)失所造成的人員傷害或財(cái)產(chǎn)損失，或與之有關(guān)的任何索賠、訴訟、損害賠償金、訴訟費(fèi)、開支和費(fèi)用，或曾由承包人、其雇員或代理人承擔(dān)的，但原本應(yīng)當(dāng)由業(yè)主、其雇員或代理人或其他承包商負(fù)責(zé)的那部分涉及損失或傷害的賠償。 (2)The Employer shall indemnify the Contractor against all claims，proceedings，damages，costs, char

35、ges and expenses in respect of the matters referred to in the provision sub-clause (1) of this Clause 222業(yè)主必須保護(hù)承包人不因與本條第1款規(guī)定事項(xiàng)有關(guān)的一切索賠、訴訟、損害賠償金、訴訟費(fèi)、開支和費(fèi)用而受損失。 23(1)Before commencing the execution of the Works the Contractor, but without limiting his obligations and responsibilities under Clause 22 he

36、reof，shall insure against his liability for any material or physical damage，loss or injury which may Occur to any property，including that of the Employer，or to any person，including any employee of the Employer，by or arising out of the execution of the Works or in the carrying out of the Contract，oth

37、erwise than due to the matters referred to in the provision Clause 22(1) hereof 231在開工前，在不減少本合同第22條規(guī)定給他的義務(wù)和責(zé)任條件下，承包人必須對(duì)任何可能由于或因施工或因履行本合同而給包括業(yè)主的財(cái)產(chǎn)在內(nèi)的任何財(cái)產(chǎn)，以及給包括業(yè)主的雇員在內(nèi)的任何人員造成的重大或?qū)嵸|(zhì)性損害、損失或傷害進(jìn)行責(zé)任保險(xiǎn)，本合同第22條規(guī)定的事項(xiàng)除外。 (2)Such insurance shall be effected with an insurer and in terms approved by the Employer，

38、which approval shall not be unreasonably withheld，and for at least the amount stated in the Appendix to the TenderThe Contractor shall，whenever required，produce to the Engineer or the Engineers Representative the policy or policies 0f insurance and the receipts for payment of the current premiums 23

39、2此種保險(xiǎn)必須在一保險(xiǎn)公司投放，條款得經(jīng)業(yè)主認(rèn)可，業(yè)主不得無(wú)故不同意投保，保險(xiǎn)金額不得少于標(biāo)書附件規(guī)定的數(shù)額。承包人必須隨時(shí)應(yīng)要求向工程師或工程師代表出示保險(xiǎn)單和支付現(xiàn)行保險(xiǎn)費(fèi)的收據(jù)。 (3)The terms shall include a provision whereby，in the event of any claim in respect of which the Contractor would be entitled to receive indemnity under the policy being brought or made against the Employer，

40、the insurer will indemnify the employer against such claims and any costs，charges and expenses in respect thereof 233保險(xiǎn)條款中必須規(guī)定，承包人不得對(duì)可能得到保險(xiǎn)賠償?shù)挠嘘P(guān)事項(xiàng)對(duì)業(yè)主提出任何索賠，保險(xiǎn)公司應(yīng)保護(hù)業(yè)主免受索賠損失，且賠償其有關(guān)的任何訴訟費(fèi)及開支和費(fèi)用。24(1)The Employer shall not be liable for or in respect of any damages or compensation payable at law in resp

41、ect or in consequence of any accident or injury to any workman or other person in the employment of the Contractor or any sub-contractor，save and except an accident or injury resulting from any act or default of the Employer，his agents，or servantsThe Contractor shall indemnify and keep indemnified t

42、he Employer against all such damages and compensation，save and except as aforesaid，and against all claims；proceedings，costs，charges and expenses whatsoever in respect thereof or in relation thereto 241業(yè)主不對(duì)因承包人或任何轉(zhuǎn)包人的工人或其他雇用人員的任何事故或傷害而根據(jù)法律應(yīng)予支付的任何賠償金負(fù)責(zé)，除非事故或傷害是由業(yè)主、其代理人或雇員的任何行為或玩忽職守引起的。除上述規(guī)定外，承包人得保護(hù)業(yè)主不

43、因所有此種損害賠償，以及因與此有關(guān)的所有索賠、訴訟、訴訟費(fèi)、開支和費(fèi)用而受損失。 (2)The Contractor shall insure against such liability with an insurer approved by the Employer，which approval shall not be unreasonably withheld，and shall continue such insurance during the whole of the time that any persons are employed by him on the Works a

44、nd shall，when required，produce to the Engineer or the Engineers Representative such policy of insurance and the receipt for payment of the current premiumProvided always that，in respect of any persons employed by any sub-contractor，the Contractors obligation to insure as aforesaid under this sub-cla

45、use shall be satisfied if the sub-contractor shall have insured against the liability in respect of such persons in such manner that the Employer is indemnified under the policy，but the Contractor shall require such sub-contractor to produce to the Engineer or the Engineers Representative，when requi

46、red，such policy of insurance and the receipt for the payment of the current premium 242承包人必須就此種責(zé)任投保，保險(xiǎn)公司得經(jīng)業(yè)主同意，業(yè)主不得無(wú)故不予同意，承包人必須在工地雇用工人的整個(gè)期間繼續(xù)保險(xiǎn)，并隨時(shí)應(yīng)要求向工程師或工程師代表出示此種保險(xiǎn)單和支付現(xiàn)行保險(xiǎn)費(fèi)的收據(jù)。就任何轉(zhuǎn)包人所雇用的人員，如轉(zhuǎn)包人已經(jīng)就此種人員的責(zé)任投保，且以業(yè)主為保險(xiǎn)補(bǔ)償對(duì)象，則承包人上述的投保義務(wù)得被視作已經(jīng)履行，但承包人必須要求此轉(zhuǎn)包人隨時(shí)應(yīng)要求向工程師或工程師代表出示此種保險(xiǎn)單和支付現(xiàn)行保險(xiǎn)費(fèi)的收據(jù)。29All operati

47、ons necessary for the execution of the Works shall，so far as compliance with the requirements of the Contract permits，be carried on so as not to interfere unnecessarily or improperly with the convenience of the public，or the access to，use and occupation of public or private roads and footpaths to or

48、 of properties whether in the possession of the Employer or of any other personThe Contractor shall save harmless and indemnify the Employer in respect of all claims，proceedings，damages， costs， charges and expenses whatsoever arising out of，or in relation to，any such matters in so far as the Contrac

49、tor is responsible therefor 29所有施工必需的活動(dòng)，凡符合合同許可證的規(guī)定，必須開展，從而保證不無(wú)故妨礙公眾的便利，或妨礙公共或私人道路的通行、使用和占用，無(wú)論道路是通向或是在業(yè)主或其他人的地產(chǎn)上。倘若發(fā)生此類應(yīng)由承包人負(fù)責(zé)的事件，承包人必須保護(hù)業(yè)主免受由此而引而起的任何索賠、訴訟、損害賠償費(fèi)、訴訟費(fèi)、開支和費(fèi)用的損害。30(1)The Contractor shall use every reasonable means to prevent any of the highways or bridges communicating with or on the r

50、outes to the Site from being damaged or injured by any traffic of the Contractor or any of his sub-contractors and，in particular，shall select routes，choose and use vehicles and restrict and distribute loads so that any such extraordinary traffic as will inevitably arise from the moving of plant and

51、material from and to the Site shall be limited，as far as reasonably possible，and so that no unnecessary damage or injury may be occasioned to such highways and bridges 301承包人必須采取各種合理手段，防止連接或通向工地的任何公路或橋梁由于承包人或其任何轉(zhuǎn)包人的使用而遭受損害，承包人尤其必須挑選路線、選擇使用車輛，限制和分散裝載量，從而使因往來(lái)于工地的設(shè)備和材料的運(yùn)輸而必然造成的異常交通盡可能地被合理限制，由此避免對(duì)公路和橋梁造

52、成不必要的損害。 (2)Should-it be found necessary for the Contractor to move one or more loads of Constructional Plant，machinery or pre-constructed units or parts of units of work over part of a highway or bridge，the moving whereof is likely to damage any highway or bridge unless special protection or streng

53、thening is carried out，then the Contractor shall before moving the load on to such highway or bridge give notice to the Engineer or Engineers Representative of the weight and other particulars of the load to be moved and his proposals for protecting or strengthening the said highway or bridgeUnless

54、within fourteen days of the receipt of such notice the Engineer shall by counternotice direct that such protection or strengthening is unnecessary，then the Contractor will carry out such proposals or any modification thereof that the Engineer shall require and，unless there is an item or are items in the Bill of Quantities for pricing by the Contractor of the necessary works for the protection or strengthening aforesaid，the costs thereof sha