承包合同原文及参考答案.doc

Unit Four Some Contract Terms for Works of Civil Engineering Construction国际土木工程建筑承包协议中的一些条款Group 122.(1) The Contractor shall, except if and so far as the Contract provides otherwise, indemnify the Employer against all losses and claims in respect of injuries or damage to any person or material or physical damage to any property whatsoever which may arise out of or in consequence of the execution and maintenance of the Works and against all claims, proceedings, damages, costs, charges and expenses whatsoever in respect of or in relation thereto except any compensation or damages for or with respect to:(a) The permanent use or occupation of land by the Works or any part thereof. (b) The right of the Employer to execute the Works or any part thereof on, over, under, in or through any land. (c) Injuries or damage to persons or property which are the unavoidable result of the execution or maintenance of the Works in accordance with the Contract.Group 2 (d)Injuries or damage to persons or property resulting from any act or neglect of the Employer, his agents, servants or other contractors, not being employed by the Contractor, or for or in respect of any claims, proceedings, damages, costs, charges and expenses in respect thereof or in relation thereto or where the injury or damage was contributed to by the Contractor, his servants or agents such part of the compensation as may be just and equitable having regard to the extent of the responsibility of the Employer, his servants or agents or other contractors for the damage or injury. 22. (2) The Employer shall indemnify the Contractor against all claims, proceedings, damages, costs, charges and expenses in respect of the matters referred to in the provision sub-clause (1) of this ClauseGroup 323.(1) Before commencing the execution of the Works the Contractor, but without limiting his obligations and responsibilities under Clause 22 hereof, shall insure against his liability for any material or physical damage，loss or injury which may Occur to any property, including that of the Employer, or to any person, including any employee of the Employer, by or arising out of the execution of the Works or in the carrying out of the Contract, otherwise than due to the matters referred to in the provision Clause 22(1) hereof.23. (2) Such insurance shall be effected with an insurer and in terms approved by the Employer, which approval shall not be unreasonably withheld, and for at least the amount stated in the Appendix to the TenderThe Contractor shall, whenever required, produce to the Engineer or the Engineers Representative the policy or policies of insurance and the receipts for payment of the current premiumsGroup 423. (3) The terms shall include a provision whereby, in the event of any claim in respect of which the Contractor would be entitled to receive indemnity under the policy being brought or made against the Employer, the insurer will indemnify the employer against such claims and any costs, charges and expenses in respect thereof.24.(1) The Employer shall not be liable for or in respect of any damages or compensation payable at law in respect or in consequence of any accident or injury to any workman or other person in the employment of the Contractor or any sub-contractor, save and except an accident or injury resulting from any act or default of the Employer, his agents, or servants. The Contractor shall indemnify and keep indemnified the Employer against all such damages and compensation, save and except as aforesaid, and against all claims, proceedings, costs, charges and expenses whatsoever in respect thereof or in relation thereto.Group 524. (2) The Contractor shall insure against such liability with an insurer approved by the Employer, which approval shall not be unreasonably withheld, and shall continue such insurance during the whole of the time that any persons are employed by him on the Works and shall, when required, produce to the Engineer or the Engineers Representative such policy of insurance and the receipt for payment of the current premium. Provided always that, in respect of any persons employed by any sub-contractor, the Contractors obligation to insure as aforesaid under this sub-clause shall be satisfied if the sub-contractor shall have insured against the liability in respect of such persons in such manner that the Employer is indemnified under the policy, but the Contractor shall require such sub-contractor to produce to the Engineer or the Engineers Representative, when required, such policy of insurance and the receipt for the payment of the current premium.Group 629. All operations necessary for the execution of the Works shall, so far as compliance with the requirements of the Contract permits, be carried on so as not to interfere unnecessarily or improperly with the convenience of the public, or the access to, use and occupation of public or private roads and footpaths to or of properties whether in the possession of the Employer or of any other person. The Contractor shall save harmless and indemnify the Employer in respect of all claims, proceedings, damages, costs, charges and expenses whatsoever arising out of, or in relation to, any such matters in so far as the Contractor is responsible therefor.30.(1) The Contractor shall use every reasonable means to prevent any of the highways or bridges communicating with or on the routes to the Site from being damaged or injured by any traffic of the Contractor or any of his sub-contractors and, in particular, shall select routes, choose and use vehicles and restrict and distribute loads so that any such extraordinary traffic as will inevitably arise from the moving of plant and material from and to the Site shall be limited, as far as reasonably possible, and so that no unnecessary damage or injury may be occasioned to such highways and bridges. Group 730. (2) Should it be found necessary for the Contractor to move one or more loads of Constructional Plant，machinery or pre-constructed units or parts of units of work over part of a highway or bridge，the moving whereof is likely to damage any highway or bridge unless special protection or strengthening is carried out, then the Contractor shall before moving the load on to such highway or bridge give notice to the Engineer or Engineers Representative of the weight and other particulars of the load to be moved and his proposals for protecting or strengthening the said highway or bridge. Unless within fourteen days of the receipt of such notice the Engineer shall by counter notice direct that such protection or strengthening is unnecessary, then the Contractor will carry out such proposals or any modification thereof that the Engineer shall require and, unless there is an item or are items in the Bill of Quantities for pricing by the Contractor of the necessary works for the protection or strengthening aforesaid, the costs thereof shall be paid by the Employer to the Contractor.Group 830. (3) If during the execution of the Works or at any time thereafter the contractor shall receive any claim arising out of the execution of the Works in respect of damage or injury to highways or bridges he shall immediately report the same to the Engineer and thereafter the Employer shall negotiate the settlement of and pay all sums due in respect of such claim and shah indemnify the Contractor in respect thereof and in respect of all claims, proceedings, damages, costs, charges and expenses in relation thereto. Provided always that if and so far as any such claims or part thereof shall in the opinion of the Engineer be due to any failure on the part of the Contractor to observe and perform his obligations under sub-clauses (1) and (2) of this Clause, then the amount certified by the Engineer to be due to such failure shall be paid by the Contractor to the Employer. 30.(4) Where the nature of the Works is such as to require the use by the Contractor of waterborne transport the foregoing provisions of this Clause shall be construed as though “highway” included a lock, dock, sea wall or other structure related to a waterway and “vehicle” included craft, and shall have effect accordingly. Unit Four Some Contract Terms for Works of Civil Engineering Construction国际土木工程建筑承包协议中的一些条款22(1)The Contractor shall，except if and SO far as the Contract provides otherwiseindemnify the Employer against all losses and claims in respect of injuries or damage to any person or material or physical damage to any property whatsoever which may arise out of or in consequence of the execution and maintenance of the Works and against all claims，proceedings，damages，costs，charges and expenses whatsoever in respect of or in relation thereto except any compensation or damages for or with respect to： 221 除协议另有规定外，承包人必须保护业主不得因施工和工程维护而产生或导致的任何人员伤害、材料损失及财产损失而受任何损失和作任何补偿，且不因所有与之有关的任何索赔、诉讼、损害补偿金、诉讼费、开支和费用而受损失，对下列事项所作或与之有关的补偿或损害补偿除外：(a)The permanent use or occupation of land by the Works or any part thereof工程或部分工程永久使用或占用土地； (b)The right of the Employer to execute the Works or any part thereof on，over，under，in or through any land 业主在任何土地面上、上方、下面、里面或通过部分施工或部分施工的权利； (C)Injuries or damage to persons or property which are the unavoidable result of the execution or maintenance of the Works in accordance with the Contract 按协议规定施工或维护工程而不可避免的人身伤害或财产损失； (d)Injuries or damage to persons or property resulting from any act or neglect of the Employer，his agents，servants or other contractors，not being employed by the Contractor，or for or in respect of any claims，proceedings，damages，costs，charges and expenses in respect thereof or in relation thereto or where the injury or damage was contributed to by the Contractor，his servants or agents such part of the compensation as may be just and equitable having regard to the extent of the responsibility of the Employer，his servants or agents or other contractors for the damage or injury 因业主、其代理人、雇员或其他不为承包人所雇用的承包商的任何行为或过失所导致的人员伤害或财产损失，或与之有关的任何索赔、诉讼、损害补偿金、诉讼费、开支和费用，或曾由承包人、其雇员或代理人承担的，但原本应当由业主、其雇员或代理人或其他承包商负责的那部分涉及损失或伤害的补偿。 (2)The Employer shall indemnify the Contractor against all claims，proceedings，damages，costs, charges and expenses in respect of the matters referred to in the provision sub-clause (1) of this Clause 222业主必须保护承包人不因与本条第1款规定事项有关的一切索赔、诉讼、损害补偿金、诉讼费、开支和费用而受损失。 23(1)Before commencing the execution of the Works the Contractor, but without limiting his obligations and responsibilities under Clause 22 hereof，shall insure against his liability for any material or physical damage，loss or injury which may Occur to any property，including that of the Employer，or to any person，including any employee of the Employer，by or arising out of the execution of the Works or in the carrying out of the Contract，otherwise than due to the matters referred to in the provision Clause 22(1) hereof 231在开工前，在不减少本协议第22条规定给他的义务和责任条件下，承包人必须对任何也许由于或因施工或因履行本协议而给涉及业主的财产在内的任何财产，以及给涉及业主的雇员在内的任何人员导致的重大或实质性损害、损失或伤害进行责任保险，本协议第22条规定的事项除外。 (2)Such insurance shall be effected with an insurer and in terms approved by the Employer，which approval shall not be unreasonably withheld，and for at least the amount stated in the Appendix to the TenderThe Contractor shall，whenever required，produce to the Engineer or the Engineers Representative the policy or policies 0f insurance and the receipts for payment of the current premiums 232此种保险必须在一保险公司投放，条款得经业主认可，业主不得无端不批准投保，保险金额不得少于标书附件规定的数额。承包人必须随时应规定向工程师或工程师代表出示保险单和支付现行保险费的收据。 (3)The terms shall include a provision whereby，in the event of any claim in respect of which the Contractor would be entitled to receive indemnity under the policy being brought or made against the Employer，the insurer will indemnify the employer against such claims and any costs，charges and expenses in respect thereof 233保险条款中必须规定，承包人不得对也许得到保险补偿的有关事项对业主提出任何索赔，保险公司应保护业主免受索赔损失，且补偿其有关的任何诉讼费及开支和费用。24(1)The Employer shall not be liable for or in respect of any damages or compensation payable at law in respect or in consequence of any accident or injury to any workman or other person in the employment of the Contractor or any sub-contractor，save and except an accident or injury resulting from any act or default of the Employer，his agents，or servantsThe Contractor shall indemnify and keep indemnified the Employer against all such damages and compensation，save and except as aforesaid，and against all claims；proceedings，costs，charges and expenses whatsoever in respect thereof or in relation thereto 241业主不对因承包人或任何转包人的工人或其他雇用人员的任何事故或伤害而根据法律应予支付的任何补偿金负责，除非事故或伤害是由业主、其代理人或雇员的任何行为或玩忽职守引起的。除上述规定外，承包人得保护业主不因所有此种损害补偿，以及因与此有关的所有索赔、诉讼、诉讼费、开支和费用而受损失。 (2)The Contractor shall insure against such liability with an insurer approved by the Employer，which approval shall not be unreasonably withheld，and shall continue such insurance during the whole of the time that any persons are employed by him on the Works and shall，when required，produce to the Engineer or the Engineers Representative such policy of insurance and the receipt for payment of the current premiumProvided always that，in respect of any persons employed by any sub-contractor，the Contractors obligation to insure as aforesaid under this sub-clause shall be satisfied if the sub-contractor shall have insured against the liability in respect of such persons in such manner that the Employer is indemnified under the policy，but the Contractor shall require such sub-contractor to produce to the Engineer or the Engineers Representative，when required，such policy of insurance and the receipt for the payment of the current premium 242承包人必须就此种责任投保，保险公司得经业主批准，业主不得无端不予批准，承包人必须在工地雇用工人的整个期间继续保险，并随时应规定向工程师或工程师代表出示此种保险单和支付现行保险费的收据。就任何转包人所雇用的人员，如转包人已经就此种人员的责任投保，且以业主为保险补偿对象，则承包人上述的投保义务得被视作已经履行，但承包人必须规定此转包人随时应规定向工程师或工程师代表出示此种保险单和支付现行保险费的收据。29All operations necessary for the execution of the Works shall，so far as compliance with the requirements of the Contract permits，be carried on so as not to interfere unnecessarily or improperly with the convenience of the public，or the access to，use and occupation of public or private roads and footpaths to or of properties whether in the possession of the Employer or of any other personThe Contractor shall save harmless and indemnify the Employer in respect of all claims，proceedings，damages， costs， charges and expenses whatsoever arising out of，or in relation to，any such matters in so far as the Contractor is responsible therefor 29所有施工必需的活动，凡符合协议许可证的规定，必须开展，从而保证不无端妨碍公众的便利，或妨碍公共或私人道路的通行、使用和占用，无论道路是通向或是在业主或其别人的地产上。倘若发生此类应由承包人负责的事件，承包人必须保护业主免受由此而引而起的任何索赔、诉讼、损害补偿费、诉讼费、开支和费用的损害。30(1)The Contractor shall use every reasonable means to prevent any of the highways or bridges communicating with or on the routes to the Site from being damaged or injured by any traffic of the Contractor or any