2012_FIDIC_教程.ppt

1974年澳大利亚高级法院Commissioner for Main Roads vs. Reid 业主由于融资困难而省略了某项工作，但在工程竣工后又委托其他承包商来完成该项工作。 法院认为当承包商获得应有的赔偿后，业主有权省略其所希望的部分。 在变更估价时，工程师应当补偿承包商所失去的间接费和利润。 13 Variations and Adjustments 承包商收入的四大支柱：按BQ单的支付、工程变更、索赔、价格调整。 导致变更的原因 13.1 Right to vary Prior to issuing the Taking-over Certificate Either by an instruction or by a request for the Contractor to submit a proposal Exception: the Contractor cannot readily obtain the Goods required for the Variation. 6 conditions of Variation The Contractor shall not make any alteration and /or modification of the Permanent Works, unless ------ 13.2 Value engineering Benefits of applying VE Initiated by the contractor The Contractor is not under any duty to submit VE proposals. The Contractor could get a fee for difference between reduction in contract value and value to the Employer 该条款实际上是规定了承包商主动提出变更的程序与激励机制。 4.17 Contractor’s Equipment When brought on to the site, Contractor’s Equipment shall be deemed to be exclusively intended for the execution of the works. 4.19 Electricity, water and gas New clause The Contractor shall, except as stated below, be responsible for the provision of all power, water and other services he may require. 4.20 Employer’s equipment and free-issue material Free-issue materials supplied by employer The Contractor shall then visually inspect them, and shall promptly give notice to the Engineer of any shortage, defect or default in these materials. Quantity Management of Free-issue material 4.21 Progress reports 99版中明确提出了承包商应提交月进度报告,注意报告中应包括的内容 Particular Conditions P172 4.1 4.4 alternative clauses 4.12 sharing unforeseeable physical risks 5 Nominated Subcontractors This clause shall only be invoked with a degree of caution. 5.1 Definition Stated in the Contract or instructed by the Engineer 5.2 Objection to Nomination Principle: the N.S. shall not affect the interests of the Contractor. 5.3 Payment to N.S. The contractor pays to the N.S. Under the item of Provisional Sum 5.4 Evidence of Payments Protect