信樺 asked in 科學工程學 · 10 years ago

工程turnkey合約問題

請問各位大大:

請問有關於國外工程turnkey合約內容:

預期風險中因戰爭因素而導致設備的損壞或損失,請問這個部分是應由發包方承擔或是承包發承擔?

或能提供相關合約範例做為參考謝謝!!

Update:

謝謝!!不好意思大師!!

1 Answer

Rating
  • 10 years ago
    Favorite Answer

    因戰爭因素而導致設備的損壞或損失,當時已移交給業主或已被業主(發包方或工程師)佔用(使用)的部份由發包方承擔。

    當時尚未移交給業主(發包方)或當時未被業主(發包方)佔用(使用)的部份由承包商承擔。

    請買本FIDIC看看。

    17 Risk and Responsibility

    17.1 Indemnities (請看意見欄)

    17.2 Contractor's Care of the Works承包商風險

    The Contractor shall take full responsibility for the care of the Works and Goods from the Commencement Date until the Taking-Over Certificate is issued (or is deemed to be issued under Sub-Clause 10.1 [Taking Over of the Works and Sections]) for the Works, when responsibility for the care of the Works shall pass to the Employer, if a Taking-Over Certificate is issued (or is so deemed to be issued) for any Section or part of the Works, responsibility for the care of the Section or part shall then pass to the Employer.

    After responsibility has accordingly passed to the Employer, the Contractor shall take responsibility for the care of any work which is outstanding on the date stated in a Taking-Over Certificate, until this outstanding work has been completed.

    If any loss or damage happens to the Works, Goods or Contractor's Documents during the period when the Contractor is responsible for their care, from any cause not listed in Sub-Clause 17.3 [Employer's Risks], the Contractor shall rectify the loss or damage at the Contractor's risk and cost, so that the Works, Goods and Contractor's Documents conform with the Contract.

    The Contractor shall be liable for any loss or damage caused by any actions performed by the Contractor after a Taking-Over Certificate has been issued. The Contractor shall also be liable for any loss or damage which occurs after a Taking-Over Certificate has been issued and which arose from a previous event for which the Contractor was liable.

    17.3 Employer's Risks 業主風險

    The risks referred to in Sub-Clause 17.4 below are: (請看意見欄)

    17.4 Consequences of Employer's Risks : (請看意見欄)

    2011-05-18 07:23:23 補充:

    17.3 Employer's Risks

    The risks referred to in Sub-Clause 17.4 below are:

    (a)war, hostilities (whether war be declared or not), invasion, act of foreign enemies,

    (b)rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war, within the Country,

    2011-05-18 07:23:51 補充:

    17.3 Employer's Risks

    (c)riot, commotion or disorder within the Country by persons other than the Contractor's Personnel and other employees of the Contractor and Subcontractors,

    2011-05-18 07:24:22 補充:

    17.3 Employer's Risks

    (d)munitions of war, explosive materials, ionising radiation or contamination by radio-activity, within the Country, except as may be attributable to the Contractor's use of such munitions, explosives, radiation or radio-activity,

    2011-05-18 07:24:51 補充:

    17.3 Employer's Risks

    (e)pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds,

    (f)use or occupation by the Employer of any part of the Permanent Works, except as may be specified in the Contract,

    2011-05-18 07:25:20 補充:

    17.3 Employer's Risks

    (g)design of any part of the Works by the Employer's Personnel or by others for whom the Employer is responsible, if any, and

    2011-05-18 07:26:08 補充:

    17.3 Employer's Risks

    (h)any operation of the forces of nature which is Unforeseeable or against which an experienced contractor could not reasonably have been expected to have taken adequate preventative precautions.

    (17.3 Employer's Risks 完)

    2011-05-18 07:27:03 補充:

    17.4 Consequences of Employer's Risks

    If and to the extent that any of the risks listed in Sub-Clause 17.3 above results in loss or damage to the Works, Goods or Contractor's Documents, the Contractor shall

    2011-05-18 07:27:49 補充:

    17.4 Consequences of Employer's Risks

    promptly give notice to the Engineer and shall rectify this loss or damage to the extent required by the Engineer.

    2011-05-18 07:28:16 補充:

    17.4 Consequences of Employer's Risks

    If the Contractor suffers delay and/or incurs Cost from rectifying this loss or damage, the Contractor shall give a further notice to the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor's Claims] to:

    2011-05-18 07:28:45 補充:

    17.4 Consequences of Employer's Risks

    (a)an extension of time for any such delay, if completion is or will be delayed, under Sub-Clause 8.4 [Extension of Time for Completion], and

    2011-05-18 07:29:00 補充:

    17.4 Consequences of Employer's Risks

    (b)payment of any such Cost, which shall be included in the Contract Price. In the case of sub-paragraphs (f) and (g) of Sub-Clause 17.3 [Employer's Risks], reasonable profit on the Cost shall also be included.

    2011-05-18 07:31:24 補充:

    17.4 Consequences of Employer's Risks

    After receiving this further notice, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine these matters.

    (17.4 Consequences of Employer's Risks 完)

    回答完畢。

    2011-05-18 07:46:37 補充:

    17.1 Indemnities

    The Contractor shall indemnify and hold harmless the Employer, the Employer's Personnel, and their respective agents, against and from all claims, damages, losses and expenses (including legal fees and expenses) in respect of:

    2011-05-18 07:47:51 補充:

    17.1 Indemnities

    (a)bodily injury, sickness, disease or death, of any person whatsoever arising out of or in the course of or by reason of the design, execution and completion of the Works and the

    2011-05-18 07:48:54 補充:

    17.1 Indemnities (a)

    remedying of any defects, unless attributable to any negligence, wilful act or breach of the Contract by the Employer, the Employer's Personnel, or any of their respective agents, and

    2011-05-18 07:49:20 補充:

    17.1 Indemnities

    (b)damage to or loss of any property, real or personal (other than the Works), to the extent that such damage or loss:

    (i)arises out of or in the course of or by reason of the design, execution and completion of the Works and the remedying of any defects, and

    2011-05-18 07:50:32 補充:

    17.1 Indemnities (b)

    (ii)is attributable to any negligence, wilful act or breach of the Contract by the Contractor, the Contractor's Personnel, their respective agents, or anyone directly or indirectly employed by any of them.

    2011-05-18 07:51:03 補充:

    17.1 Indemnities

    The Employer shall indemnify and hold harmless the Contractor, the Contractor's Personnel, and their respective agents, against and from all claims, damages, losses and expenses (including legal fees and expenses) in respect of

    2011-05-18 07:51:34 補充:

    17.1 Indemnities

    (1) bodily injury, sickness, disease or death, which is attributable to any negligence, wilful act or breach of the Contract by the Employer, the Employer's Personnel, or any of their respective agents, and

    2011-05-18 07:51:49 補充:

    17.1 Indemnities

    (2) the matters for which liability may be excluded from insurance cover, as described in sub-paragraphs (d)(i), (ii) and (iii) of Sub-Clause 18.3 [Insurance Against Injury to Persons and Damage to Property].

    2011-05-18 07:52:59 補充:

    剛才漏了 17.1

    現在才是回答完畢。

Still have questions? Get your answers by asking now.