7 国际工程合同条件的理解与运用3.ppt

第三节 国际工程合同中的保修 63(1) Determination of the Contractor’s employment If (a) the Contractor shall be in default in that he (i) becomes bankrupt or has a receiving order or administration order made against him or presents his petition in bankruptcy or makes an arrangement with or assignment in favour of his creditors or agrees to carry out the Contract under a committee of inspection of his creditors or (being a corporation) goes into liquidation (other than a voluntary liquidation for the purposes of amalgamation or reconstruction) or (ii) assigns the Contract without the consent in writing of the Employer first obtained or (iii) has an execution levied on his goods which is not stayed or discharged within 28 days or (b) the Engineer certifies in writing to the Employer with a copy to the Contractor that in his opinion the Contractor (i) has abandoned the Contract or 第三节 国际工程合同中的保修 (ii) without reasonable excuse has failed to commence the Works in accordance with Clause 41 or has suspended the progress of the Works for 14 days after receiving from the Engineer written notice to proceed or (iii) has failed to remove goods or materials from the Site or to pull down and replace work for 14 days after receiving from the Engineer written notice that the said goods materials or work have been condemned and rejected by the Engineer or (iv) despite previous warnings by the Engineer in writing is failing to proceed with the Works with due diligence or is otherwise persistently or fundamentally in breach of his obligations under Contract then the Employer may after giving 7 days’ notice in writing to the Contractor specifying the default enter upon the Site and the Works and expel the Contractor therefrom without thereby avoiding the Contract or releasing the Contractor from any of his obligations or liabilities under the Contract. Provided that the Employer may extend the period of notice to give the Contractor opportunity to remedy the default. Where a notice of determinat