FIDIC设计采购施工(EPC)合同条件(银皮书英文版)(4)

1.1.1.2 “Contract Agreement” means the contract agreement

referred to in Sub-Clause 1.6 [Contract Agreement], including

any annexed memoranda.

1.1.1.3 “Employer’s requirements” means the document entitled

employer’s requirements, as included in the Contract, and

any additions and modifications to such document in

accordance with the Contract. Such document specifies

the purpose, scope, and/or design and/or other technical

criteria, for the Works.

1.1.1.4 “Tender” means the Contractor’s signed offer for the Works

and all other documents which the Contractor submitted

therewith (other than these Conditions and Employer’s

Requirements, if so submitted), as included in the Contract.

1.1.1.5 “Performance Guarantees” and “Schedule of payments”

mean the documents so named (if any), as included in the

Contract.

1.1.2 Parties and Persons

1.1.2.1 “Party” means the Employer or the Contractor, as the context

requires.

1.1.2.2 “Employer” means the person named as employer in the

Contract Agreement and the legal successors in title to this

person.

1.1.2.3 “Contractor” means the person(s) named as contractor in the

Contract Agreement and the legal successors in title to this

person(s).

1.1.2.4 “Employer’s Representative” means the person named by

the Employer in the Contract or appointed from time to time by

the Employer under Sub-Clause 3.1 [ the Employer’s

Representative], who acts on behalf of the Employer.

1.1.2.5 “Contractor’s Representative” means the person named by

the Contractor in the Contract or appointed from time to time

by the Contractor Sub-Clause 4.3 [the Contractor’s

Representative], who acts on behalf of the Contractor.

1.1.2.6 “Employer’s Personnel” means the Employer’s

Representative, the assistants referred to in Sub-Clause 3.2

[Other Employer’s Personnel] and all other staff, labour and

other employees of the Employer and of the Employer’s

Representative; and any other personnel notified to the

Contractor, by the Employer or the Employer’s Representative,

as Employer’s Personnel.

1.1.2.7 “Contractor’s Personnel” means the Contractor’s

Representative and all personnel whom the Contractor utilizes

on Site, who may include the staff, labour and other

employees of the Contractor and of each Subcontractor, and

any other personnel assisting the Contractor in the execution

of the works.

1.1.2.8 “Subcontractor” means any person named in the Contract as

a subcontractor, or any person appointed as a subcontractor,

for a part of the Works; and the legal successors in title to

each of these persons.

1.1.2.9 “DAB” means the person or three persons so named in the

Contract, or other person(s) appointed under Sub-Clause 20.2

[Appointment of the Dispute Adjudication Board] or

Sub-Clause 20.3 [Failure to Agree Dispute Adjudication

Board].

1.1.2.10 “FIDIC” means the Federation International des

Ingenieurs-Conseils, the international federation of consulting

engineers.

1.1.3 Dates ,Test, Periods and Completion

1.1.3.1 “Base Date” means the date 28 days prior to the latest date

for submission of the Tender.

1.1.3.2 “Commencement Date” means the date notified under

1.1.3.3

1.1.3.4

1.1.3.5

1.1.3.6

1.1.3.7 Sub-Clause 8.1 [Commencement of Works], unless otherwise defined in the Contract Agreement. “Time for Completion” means the time for completing the Works or a Section (as the case may be) under Sub-Clause 8.2 [Time for Completion], as stated in the Particular Conditions (with any extension under Sub-Clause 8.4 [Execution of Time for Completion]), calculated from the Commencement Date. “Tests on Completion” means the tests which are specified in the Contract or agreed by both Parties or instructed as a Variation, and which are carried out under Clause 9 [Tests on Completion] before the works or a Section (as the case may be) are taken over by the Employer. “Taking-Over Certificate” means a certificate issued under Clause 10 [Employer’s Taking Over]. “Tests after Completion” means the tests (if any) are specified in the Contract and which are carried out under Clause 12 [Tests after Completion] after the works or a Section (as the case may be) are taken over by the Employer. “Defects Notification Period” means the period for notifying

defects in the Works or a Section (as the case may be) under

Sub-Clause 11.1 [Completion of Understanding Works and

Remedying Defects], as stated in the Particular Conditions

(with any extension under Sub-Clause 11.3 [Extension of

Defects Notification Period]), calculated from the date on

which the Works or Section is competed as certified under

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

no such period is stated in the Particular Conditions, the period

shall be one year.

1.1.3.8 “Performance Certificate” means the certificate issued under

Sub-Clause 11.9 [Performance Certificate].

1.1.3.9 “day” means a calendar day and “year” means 365 days.

1.1.4 Money and Payments

1.1.4.1 “Contract Price” means the agreed amount stated in the

Contract Agreement for the design, execution and completion

of the Works and the remedying of any defects, and includes

adjustment (if any) in accordance with the contract.

1.1.4.2 “Cost” means all expenditure reasonably incurred (or to be

incurred) by the Contractor, whether on or off the Site,

including overhead and similar charges, but does not include

profit.

1.1.4.3 “Final Statement” means the statement defined in

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