fidic可变更,索赔,调价事项归纳与对比.doc

1 / 11可变更事项对比可否变更条款 内容 黄皮书银皮书3.3 Instructions of the Engineer（银皮书为 3.4 Instructions）The Engineer may issue to the Contractor (at any time) instructions which may be necessary for the execution of the Works and the remedying of any defects, all in accordance with the Contract. The Contractor shall only take instructions from the Engineer, or from an assistant to whom the appropriate authority has been delegated under this Clause. If an instruction constitutes a Variation, Clause 13 [Variations and Adjustments] shall apply.是 是4.6 Co-operationThe Contractor shall, as specified in the Contract or as instructed by the Engineer, allow appropriate opportunities for carrying out work to:(a) the Employer’s Personnel,(b) any other contractors employed by the Employer, and(c) the personnel of any legally constituted public authorities,who may be employed in the execution on or near the Site of any work not included in the Contract.Any such instruction shall constitute a Variation if and to the extent that it causes the Contractor to incur Unforeseeable Cost. Services for these personnel and other contractors may include the use of Contractor's Equipment, Temporary Works or access arrangements which are the responsibility of the Contractor.是 是4.12 Unforseeable Physical Conditions（银皮书表述为Unforseeable Difficulties）If the Contractor encounters adverse physical conditions which he considers to have been Unforeseeable, the Contractor shall give notice to the Engineer as soon as practicable.This notice shall describe the physical conditions, so that they can be inspected by the Engineer, and shall set out the reasons why the Contractor considers them to be Unforeseeable. The Contractor shall continue executing the Works, using such proper and reasonable measures as are appropriate for the physical conditions, and shall comply with any instructions which the Engineer may give. If an instruction constitutes a Variation, Clause 13 是 否 2 / 11[Variations and Adjustments] shall apply.5.1 General Design ObligationsUpon receiving notice under Sub-Clause 8.1 [Commencement of Works], the Contractor shall scrutinise the Employer's Requirements (including design criteria and calculations, if any) and the items of reference mentioned in Sub-Clause 4.7 [Setting Out]. Within the period stated in the Appendix to Tender, calculated from the Commencement Date, the Contractor shall give notice to the Engineer of any error, fault or other defect found in the Employer's Requirements or these items of reference.After receiving this notice, the Engineer shall determine whether Clause 13 [Variations and Adjustments] shall be applied, and shall give notice to the Contractor accordingly. If and to the extent that (taking account of cost and time) an experienced contractor exercising due care would have discovered the error, fault or other defect when examining the Site and the Employer's Requirements before submitting the Tender, the Time for Completion shall not be extended and the ContractPrice shall not be adjusted.是 否5.4 Technical Standards and RegulationsIf changed or new applicable standards come into force in the Country after the Base Date, the Contractor shall give notice to the Engineer and (if appropriate) submit proposals for compliance. In the event that:(a) the Engineer determines that compliance is required, and(b) the proposals for compliance constitute a variation,then the Engineer shall initiate a Variation in accordance with Clause 13 [Variations and Adjustments].是 是7.2 Samples Additional samples instructed by the Engineer 是 否（未提及）7.4 Testing The Employer may, under Clause 13 [Variations and Adjustments], vary the location or details of specified tests, or instruct the Contractor to carry out additional tests是 是8.3 Programmespecific probable future events or circumstances which may adversely affect or delay the execution of 是 否 3 / 11the Works8.11 Prolonged SuspensionIf 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.是 是11.2 Cost of Remedying DefectsAll work referred to in sub-paragraph (b) of Sub-Clause 11.1 [Completion of Outstanding Work and Remedying Defects] shall be executed at the risk and cost of the Contractor, if and to the extent that the work is attributable to:(a) the design of the Works, other than a part of the design for which the Employer is responsible (if any),（银皮书未提业主负责的设计除外）(b) Plant, Materials or workmanship not being in accordance with the Contract,(c) improper operation or maintenance which was attributable to matters for which the Contractor is responsible (under Sub-Clauses 5.5 to 5.7 or otherwise)（培训，竣工资料，运行维护手册）, or(d) failure by the。