Construction Contract Administration Submitted toDr ：博士提交的施工合同管理

1、Construction Contract Administration Submitted to : Dr. Kamalain K. Shaat By : Engineer Fayez M. El-Massri Engineer Yonis ShomanFIDIC1APPENDIX General Conditions of Dispute Adjudication Agreement21. Definitions : . .Each Dispute Adjudication Agreement is a tripartite agreement by and between:(a) the

2、 Employer;(b) the Contractor;(c) the Member who is defined in the Dispute Adjudication Agreement as being:3 ( ) , , . The sole member of the DAB (or adjudicator) and, where this is the case, or references to the Other Members do not apply , or One of the three persons who are jointly called the DAB

3、(or dispute adjudication board) and, where this is the case, the other two persons are called the other members. 1. Definitions 4The Employer and the Contractor have entered (or intend to enter) into a contract, which called the Contract and is defined in the Dispute Adjudication Agreement, which in

4、corporates this Appendix. In the Dispute Adjudication Agreement, words and expressions which are not otherwise defined shall have the meanings assigned to them in the contract. . , .1. Definitions 5 : . Unless otherwise stated in the Dispute Adjudication Agreement, it shall take effect on the latest

5、 of the following dates:(a) the Commencement Date defined in the Contract,2. General Provisions 6 ( ) .(b) when the Employer, the Contractor and the Member have each signed the Dispute Adjudication Agreement, or(c) when the Employer, the Contractor and each of the Other Members (if any) have respect

6、ively each signed a dispute adjudication agreement.2. General Provisions 7 , . .When the Dispute Adjudication agreement has taken effect, the Employer and the Contractor shall each give notice to the Member accordingly. If the Member does not receive either notice within six months after entering in

7、to the Dispute Adjudication Agreement, it shall be void and in effective. 2. General Provisions 8 , 70 . ( ).This employment of the Member is a personal appointment. At any time, the Member may give not less than 70 days notice of resignation to the Employer and to the Contractor, and the Dispute Ad

8、judication Agreement shall terminate upon the expiry of this period.No assignment or subcontracting of the Dispute adjudication agreement is permitted without the prior written agreement of all the parties to it and of the Other Members (if any). 2. General Provisions 93. Warranties / . ( ) . .The M

9、ember warrants and agrees that he/she is and shall be impartial and independent of the Employer, the Contractor and the Engineer. The Member shall promptly disclose, to each of them and to the Other Members (if any), any fact or circumstances which might appear inconsistent with his/her warranty and

10、 agreement of impartiality and independence. 10 , / : , , .When appointing the Member, the Employer and the Contractor relied upon the Members representations that he/she is:(a) experienced in the work which the Contractor is to carry out under the Contract,(b) experienced in the interpretation of c

11、ontract documentation, and (c) fluent in the language for communications defined in the Contract. 3. Warranties 114. General Obligations of the Member : . .The Member shall:(a) have no interest financial or otherwise in the Employer, the Contractor or the Engineer, nor any financial interest in the

12、Contract except for payment under the Dispute Adjudication Agreement; 12 .(b) not previously have been employed as a consultant or otherwise by the Employer, the Contractor or the Engineer, except in such circumstances as were disclosed in writing to the Employer and the Contractor before they signe

13、d the Dispute Adjudication Agreement;4. General Obligations of the Member 13 ( ) / / , , , (c) have disclosed in writing to the Employer, the Contractor and the other members (if any), before entering into the Dispute Adjudication Agreement and to his/her best knowledge and recollection, any profess

14、ional or personal relationships with any director, officer or employee of the Employer, the Contractor or the Engineer, and any previous involvement in the overall project of which the Contractor forms part;4. General Obligations of the Member 14(d) not, for the duration of the Dispute Adjudication

15、Agreement, be employed as a consultant or otherwise by the Employer, the Contractor or the Engineer, except as may be agreed in writing by the Employer, the contractor and the Other Members (if any); ( )4. General Obligations of the Member 15 20-4 . .(e) comply with the annexed procedural rules and

16、with Sub-Clause 20.4 of the Conditions of Contracts;(f) not give advice to the Employer, the Contractor, the Employers Personnel or the Contractors Personnel concerning the conduct of the Contract, other than in accordance with the annexed procedural rules;4. General Obligations of the Member 16 , (

17、g) not while a Member enter into discussions or make any agreement with the Employer, the Contractor or the Engineer regarding employment by any of them, whether as a consultant or otherwise, after ceasing to act under the Dispute Adjudication Agreement;4. General Obligations of the Member 17 / ( )

18、(h) ensure his/her availability for all site visits and hearings as are necessary;(i) become conversant with the Contract and with the progress of the Works (and of any other parts of the project of which the Contract forms part) by studying all documents received which shall be maintained in a curr

19、ent working file;4. General Obligations of the Member 18 ( ), (j) treat the details of the contract and all the DABs activities and hearings as private and confidential, and not publish or disclose them without the prior written consent of the Employer, the Contractor and the other members (if any);

20、 and 4. General Obligations of the Member 19(k) be available to give advice and opinions, on any matter relevant to the Contract when requested by both the Employer and the Contractor, subject to the agreement of the Other Members (if any) ( ) .4. General Obligations of the Member 205. General Oblig

21、ations of the Employer and the Contractor , ( ). The Employer, the Contractor, the Employers Personnel and the Contractors Personnel shall not request advice from or consultation with the Member regarding the Contract, otherwise than in the normal course of the DABs activities under the Contract and

22、 the Dispute Adjudication Agreement, and except to the extent that prior agreement is given by the Employer, the Contractor and Other Members (if any). 21The Employer and the Contractor shall be responsible for compliance with this provision, by the Employers Personnel and the Contractors Personnel

23、respectively. .5. General Obligations of the Employer and the Contractor 22The Employer and the Contractor undertake to each other and to the Member that the Member shall not, except as otherwise agreed in writing by the Employer, the Contractor, the Member and the Other Members (if any): , ( ),:5.

24、General Obligations of the Employer and the Contractor 23 (a) be appointed as an arbitrator under the Contract;(b) be called as a witness to give evidence concerning any dispute before arbitrator(s) appointed for any arbitration under the Contract; or5. General Obligations of the Employer and the Co

25、ntractor 24(c) be liable for any claims for anything done or omitted in the discharge or purported discharge of the Members functions, unless the act or omission is shown to have been in bad faith. , .5. General Obligations of the Employer and the Contractor 25The Employer and the Contractor hereby

26、jointly and severally indemnity and hold the Member harmless against and from claims from which he/she is relieved from liability under the preceding paragraph. .5. General Obligations of the Employer and the Contractor 26 20-4 , . .Whenever the Employer or the Contractor refers a dispute to the DAB

27、 under Sub-Clause 20.4 of the Conditions of Contract, which will require the Member to make a site visit and attend a hearing, the Employer or the Contractor shall provide appropriate security for a sum equivalent to the reasonable expenses to be incurred by the member. No account shall be taken of

28、any other payments due or paid to the Member.5. General Obligations of the Employer and the Contractor 276. payment , : , : 28 The Member shall be paid as follows, in the currency named in the Dispute Adjudication Agreement:(a) a retainer fee per calendar month, which shall be considered as payment

29、in full for:being available on 28 days notice for all sites visits and hearings; becoming and remaining conversant with all project development and maintaining relevant files;28 , , () () (iii) all office and overhead expenses including secretarial services, photocopying and office supplies incurred

30、 in connection with his duties; and(iv) all services performed hereunder except those referred to in sub- paragraphs (b) and (c) of this Clause.6. payment 29The retainer fee shall be paid with effect from the last day of the calendar month in which the Dispute Adjudication Agreement becomes effectiv

31、e; until the last day of the calendar month in which the Taking-Over Certificate is issued for the whole of the Works. , .6. payment 30 50% . With effect from the first day of the calendar month following the month in which Taking-Over Certificate is issued for the whole of the works, the retainer f

32、ee shall be reduced by 50%. This reduced fee shall be paid until the first day of the calendar month in which the Member resigns or the Dispute Adjudication Agreement is otherwise terminated.6. payment 31 : ( ) .(b) a daily fee which shall be considered as payment in full for:(i) each day or part of

33、 a day up to a maximum of two days travel time in each direction for the journey between the Members home and the site, or another location of a meeting with the Other Members (if any);6. payment 32 , , . .(ii) each working day on site visits, hearings or preparing decisions; and(iii) each day spent

34、 reading submissions in preparation for a hearing. 6. payment 33 , , , , , . 5% () .(c) all reasonable expenses incurred in connection with the Members duties, including the cost of telephone calls, courier charges, faxes and telexes, travel expenses, hotel and subsistence costs: a receipt shall be

35、required for each item in excess of five percent of the daily fee referred to in sub-paragraph (b) of this Clause;6. payment 34 ( ) 6. (d) any taxes properly levied in the country on payments made to the Member (unless a national or permanent resident of the Country) under this Clause 6.6. payment 3

36、5 , , 24 , .The retainer and daily fees shall be as specified in the Dispute Adjudication Agreement. Unless it specifies otherwise, these fees shall remain fixed for the first 24 hours calendar months, and shall thereafter be adjusted by agreement between the Employer, the Contractor and the Member,

37、 at each anniversary of the date on which the Dispute Adjudication Agreement became effective.6. payment 36The Member shall submit invoices for payment of the monthly retainer and air fares quarterly in advance. Invoices for other expenses and for daily fees shall be submitted following the conclusi

38、on of a site visit or hearing. All invoices shall be accompanied by a brief description of activities performed during the relevant period and shall be addressed to the Contractor. . . .6. payment 37 56 , ( ) , .The Contractor shall pay each of the Members invoices in full within 56 calendar days af

39、ter receiving each invoice and shall apply to the Employer (in the Statement under the Contract) for reimbursement of one-half of the amounts of these invoices. The Employer shall then pay the Contract in accordance with the Contract.6. payment 38 , . If the Contractor fails to pay to the Member the

40、 amount to which he/she is entitled under the Dispute Adjudication Agreement, the Employer shall pay the amount due to the Member and any other amount which may be required to maintain the operation of the DAB; 6. payment 39 , 14-8 .and without prejudice to the Employers rights or remedies. In addit

41、ion to all other rights arising from this default, the Employer shall be entitled to reimbursement of all sums paid in excess of one-half of these payments, plus all costs of recovering these sums and financing charges calculated at the rate specified in Sub-Clause 14.8 of the Conditions of Contract

42、. 6. payment 40 70 , : (1) ( ) / (2) / 7.If the Member does not receive payment of the amount due within 70 days after submitting a valid invoice, the Member may (i) suspend his/her services (without notice) until the payment is received, and/or (ii) resign his/her appointment by giving notice under

43、 Clause 7.6. payment 417. Termination At any time: (i) the Employer and the Contractor may jointly terminate the Dispute Adjudication Agreement by giving 42 days notice to the Member; or (ii) the Member may resign as provided for in Clause 2. : 42 , 2.42If the Member fails to comply with the Dispute

44、 Adjudication Agreement, the Employer and the Contractor may, without prejudice to their other rights, terminate it by notice to the Member. The notice shall take effect when received by the Member. , . .7. Termination 43If the Employer or the Contractor fails to comply with the Dispute Adjudication

45、 Agreement, the Member may, without prejudice to his/her other rights, terminate it by notice to the Employer and the Contractor. The notice shall take effect when received by them both. , , .7. Termination 44 , , . , .Any such notice, resignation and termination shall be final and binding on the Em

46、ployer, the Contractor and the Member. However, a notice by the Employer or the Contractor, but not by both, shall be of no effect.7. Termination 458. Default of the Member If the Member fails to comply with any obligation under Clause 4, he/she shall not be entitled to any fees or expenses hereunde

47、r and shall, without prejudice to their other rights, reimburse each of the Employer and the Contractor for any fees and expenses received by the Member and the Other Members (if any), for proceeding or decisions (if any) of the DAB which are rendered void or ineffective. 4 . , , ( ) ( ) .469. Dispu

48、tes Any dispute or claim arising out of or in connection with this Dispute Adjudication agreement, or the breach, termination or invalidity thereof, shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with these R

49、ules of Arbitration. .47APPENDIX PROCEDURAL RULES48 PROCEDURAL RULES 140 . 1- Unless otherwise agreed by the employer and the Contractor, the DAB shall visit the site at intervals of not more than 140 days, including times of critical construction events, at the request of either the Employer or the

50、 Contractor. 49 70 .Unless otherwise agreed by the Employer, the Contractor and the DAB, the period between consecutive visits shall not be less than 70 days, except as required to convene a hearing as described below. PROCEDURAL RULES50 . .2- The timing of and agenda for each site visit shall be as

51、 agreed jointly by the DAB, the Employer and the Contractor, or in the absence of agreement, shall be decided by the DAB. The purpose of site visits is to enable the DAB to become and remain acquainted with the progress of the Works and of any actual or potential problems or claims. PROCEDURAL RULES

52、51 . . .3-Site visits shall be attended by the Employer, the Contractor and the Engineer and shall be co-coordinated by the Employer in co-operation with the Contractor. The Employer shall ensure the provision of appropriate conference facilities and secretarial and copying services. At the conclusi

53、on of each site visit and before leaving the site, the DAB shall prepare a report on its activities during the visit and shall send copies to the Employer and the Contractor. PROCEDURAL RULES52 . 4- The Employer and the Contractor shall furnish to the DAB one copy of all documents which the DAB may

54、request, including Contract documents, progress reports, variation instructions, certificates and other documents pertinent to the performance of the Contract. PROCEDURAL RULES53 . .All communications between the DAB and the Employer or the Contractor shall be copied to the other Party. If the DAB c

55、omprises three persons, the Employer and the Contractor shall send copies of these requested documents and these communications to each of these persons. PROCEDURAL RULES545- If any dispute is referred to the DAB in accordance with Sub-Clause 20.4 of the Conditions of Contract, the DAB shall proceed

56、 in accordance with Sub-Clause 20.4 and these Rules. Subject to the time allowed to give notice of a decision and other relevant factors, the DAB shall: 20-4 20 : PROCEDURAL RULES55 . .(a) act fairly and impartially as between the Employer and the Contractor, giving each of them a reasonable opportu

57、nity of putting his case and responding to the others case, and(b) adopt procedures suitable to the dispute, avoiding unnecessary delay or expense. PROCEDURAL RULES56 . 6- The DAB may conduct a hearing on the dispute, in which event it will decide on the date and place for hearing and may request th

58、at written documentation and arguments from the Employer and the Contractor be presented to it prior to or at the hearing. PROCEDURAL RULES57 . 7- Except as otherwise agreed in writing by the Employer and the Contractor, the DAB shall have power to adopt an inquisitorial procedure, to refuse admissi

59、on to hearings or audience at hearings to any persons other than representatives of the Employer, the Contractor and the Engineer, PROCEDURAL RULES58and to proceed in the absence of any party who the DAB is satisfied received notice of the hearing; but shall have discretion to decide whether and what extent this power may be exercised. . PROCEDURAL RULES59 : 8- The Employer and the