FIDIC term and conditions of contract is practical skill -- responsibility acqui - China Project Management Net
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FIDIC term and conditions of contract is practical skill -- responsibility acqui

来源: 作者:Stand originally 时间:2009-01-03 Tag: 点击:

International contracts responsible acquit item is listed in the contract of the project, also have person for disclaimer (ExculpatoryClause) , so that appear,owner interest can be protected when the problem, avoid the claim for compensation that contractor may have. Clause of alleged responsibility acquit is to point to to be opposite in the contract commonly owner or advisory engineer's favorable article, the purpose is when should produce specific event or encountering adverse outside ambient, reach the responsibility that assumes possibly according to owner of absolve of this kind of clause or the error of advisory engineer, and ascribe responsibility to completely contractor fails to adopt precautionary measures, prevent owner or seek advice from an engineer to pay premium for this.

The correct principle that handles responsibility acquit provision should be, ensure the definition region of this kind of clause shoulds not be too wide and amphibolous, concerned expression should be clear and clear, as far as possible detailed and specific, and make clear owner or the responsibility with advisory engineer and respective contractor and obligation, of the potential risk that contractor should note to may be assumed from this especially and oneself bear ability.

Bid a packing

One of characteristics of FIDIC contract, it is contractor is bidding a packing (affirm in Cover-ngLetter) " studied... B.Q of amount of standard of the construction term and conditions of contract of the project, technology, blueprint, project. Odd... later, ... according to afore-mentioned conditions... press B.Q of amount of standard of term and conditions of contract, technology, blueprint, project. Odd... requirement, agree to carry out and finish afore-mentioned projects to reach repair its any blemish " , the provision of acquit of a kind of responsibility that when owner is sending label, this makes namely, the premise condition that demarcate contractor bids is mature all sorts of execution condition and risk, all compulsory place that had included to undertake a contract in its quote require cost, can no more ask to adjust the price after occurrence problem or increase pay, more cannot evade its responsibility, those who comprise contractor is termless bid, mirrorred the characteristic of buyer's market.

The 11st (spot reconnaissance) it is article of the most typical owner responsibility acquit this, all data that the information that stipulates contractor should be offerred to spot circumstance, owner among them and he masters are responsible, precondition is before thinking contractor is bidding, already did to the spot and surroundings make an on-the-spot investigation seriously, undertook checking to all concerned data, all condition know sth like the palm of one's hand that affects project plan and cost because of this pair, and this has made self-evident international rule. In addition, besides the contract specific provision will give in the clause compensatory premium, contractor cannot foreknow in what other should include in its quote charge.

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