FIDIC合同特别条款(ENGLISH)

Sub- Clause 13.7 - Contract Price and Payment - Payment.

Delete the two occurrences of“56”in this clause and replace with“60”．

The payment countTy referred to in this clause is the People's REepublic of China and the nominated bank shall be in Shanghai．

Sub-Clause 13.8 - Delayed Payment

The Financing charges referred to In this clause shall be calculated using the annual rate of the standard borrowing rate of the central bank of China．

Sub-Clause 14.2 - Variations - Vlaue Engineering

add the following paragraph to the end of the sub－clause：

“In calculating the adjustment to the Contract Price In such a proposal the Contractor shall apportion to the benefit of the Employer that percentage of any saving（if any） resulting from the proposed variation as is stated in the Appendix to Tender．”

Sub-Clause 14.3 - Variations - Variation Procedure

Add at the end of the Sub－clause after“under Sub－clause 14.2 if applicable”：“ and may， at his discretion， have reference to the rates and prices In the Bill of Quantllles contained in Schedule l.

Insert a final paragraph as follows：

“Where a variation, or an element of a variation provides for the Contractor to substitute one purchased item（or sub-contract work package） for another where there is no difference In cost other than in the purchase price，programme or any associated risk to the Contractor in using the substituted item（or sub-contract work package）then， for the avoidance of doubt，the valuation of that variation（or element of variation） shall be the difference in purchase price between the two items（or sub-contlact work packages） which would normally be demonstrated to the Employer through evidence of quotations properly sought and received by the Contractor.

Sub-Clause 14.5 – Provisional Sums

Add the following new paragraph:

“（c） Work to be executed on a Dayworks basis for which payment will be made as follows：

The Employer's Representative may， If in his opinion It Is necessary or desirable，issue an instruction that any varied work shall be executed on a Daywork basis．The Contraclor shall then be paid for such work under the terms set－out In the Daywork schedule included in Schedule 5.

The Contractor shall furnish the Employer's Representative such receipts or other vouchers as may be necessary to prove the amounts paid and，before ordering materials，shall submit to the Employer's Representative quotations for the same for approval．

In respect of such of the Works executed on a Daywork basis , the Contractor shall , during the continuance of such work , deliver each day to the Employer's Representative an exact list in duplicate of the names , occupation and time of all workmen employed on such work and a statemnet, also in duplicate, showing the descriptions and quantity of all materials and Contractors Equipment used thereon or therefore other then the Contractors Equipment which is included in the precentage addition in accordance with such Daymwork schedule.One copy of each list and statement will, if correct, or when agreed,besigned by the Employer's Representative and returned to the Contractor.

At the end of each month the Contractor shall deliver to the Employer's Representative a priced statement of the labour materials and Contractor's Equipment , except as aforesaid , used and the Contractor shall not be entitled to any payment unless such lists and statements have been fully and punctually rendered.Provided always that if the Employer's Representative considers that for any reasons the sending of such lists or statements by the Contractor , in accordance with the foregoing provision, was impracticable he shall nevertheless be entitled to authorise payment ofr such work, either as Daywork, on being satisfied as to the time employed and the labour materials and contractors Equipment usedon such, or at such value therefore as shall, in his opinion be fair and reasonable."

Sub-Clause 15.2 - Default of Contractor - Termination

Delete sub－clause 15.2（d） in its entirety and replace with the following：“（d） becomes bankrupt，or is the subject of procceedings for liquidation ofr dissolution, or ceases to carry on business, or becomes unable to pay its debts as they become due,"

Sub-Clause 16.2 - Default of Employer - Termination

Delete sub－clause 16.2（b） in its entirety and replace with the following：“（b）becomes bankrupt, or is the subject of proceedings for liquidation or dissolution, or ceases to carry on business, or becomes unable to pay its debts as they become due,"