1、Chapter 6 Taking Over, Defects liability, Measurement and Evaluation,Clause10-12,When shall the Employer take over the Works? How to apply for a Taking-Over Certificate? What shall the Engineer do after receiving the Contractors application?,6.1 Employers Taking Over,Taking Over of the Works and Sec
2、tions10.1,A1: Except as stated in Sub-Clause 9.4 Failure to Pass on Completion, the Works shall be taken over by the Employer when (i) the Works have been completed in accordance with the Contract, including the matters described in Sub-Clause 8.2 Time for Completion and except as allowed in sub-par
3、agraph (a) below, and (ii) a Taking-Over Certificate for the Works has been issued, or is deemed to have been issued in accordance with this Sub-Clause.,A2: The Contractor may apply by notice to the Engineer for a Taking-Over Certificate not earlier than 14 days before the Works will, in the Contrac
4、tors opinion, be complete and ready for taking over. If the Works are divided into Sections, the Contractor may similarly apply for a Taking-Over Certificate for each Section.,(b) reject the application, giving reasons and specifying the work required to be done by the Contractor to enable the Takin
5、g-Over Certificate to be issued. The Contractor shall then complete this work before issuing a further notice under this Sub-Clause. If the Engineer fails either to issue the Taking-Over Certificate or to reject the Contractors application within the period of 28 days, and if the Works or Section (a
6、s the case may be) are substantially in accordance with the Contract, the Taking-Over Certificate shall be deemed to have been issued on the last day of that period.,If the Contractor is prevented, for more than 14 days, from carrying out the Tests on Completion by a cause for which the Employer is
7、responsible, the Employer shall be deemed to have taken over the Works or Section (as the case may be) on the date when the Tests on Completion would otherwise have been completed. The Engineer shall then issue a Taking-Over Certificate accordingly, and the Contractor shall carry out the Tests on Co
8、mpletion as soon as practicable, before the expiry date of the Defects Notification Period. The Engineer shall require the Tests on Completion to be carried out by giving 14 days notice and in accordance with the relevant provisions of the Contract.,Interference with Tests on Completion10.3,In order
9、 that the Works and Contractors Documents, and each Section, shall be in the condition required by the Contract (fair wear and tear excepted) by the expiry date of the relevant Defects Notification Period or as soon as practicable thereafter, the Contractor shall: in order that be in the condition:有
10、条件 fair wear and tear：合理折旧，合理磨损,6.2 Defects liability,Completion of Outstanding Work and Remedying Defects11.1,(a) complete any work which is outstanding on the date stated in a Taking-Over Certificate, within such reasonable time as is instructed by the Engineer, and (b) execute all work required t
11、o remedy defects or damage, as may be notified by(or on behalf of) the Employer on or before the expiry date of the Defects Notification Period for the Works or Section (as the case may be). If a defect appears or damage occurs, the Contractor shall be notified accordingly, by (or on behalf of) the
12、Employer.,All work referred to in sub-paragraph (b) of Sub-Clause 11.1 shall be executed at the risk and cost of the Contractor, if and to the extent that the work is attributable to: (a) any design for which the Contractor is responsible, (b) Plant, Materials or workmanship not being in accordance
13、with the Contract, or (c) failure by the Contractor to comply with any other obligation.,Cost of Remedying Defects11.2,The Employer shall be entitled to an extension of the Defects Notification Period for the Works or a Section if and to the extent that the Works, Section or a major item of Plant (a
14、s the case may be, and after taking over) cannot be used for the purposes for which they are intended by reason of a defect or damage. However, a Defects Notification Period shall not be extended by more than two years.,Extension of Defects Notification Period11.3,If delivery and/or erection of Plan
15、t and/or Materials was suspended , the Contractors obligations under this Clause shall not apply to any defects or damage occurring more than two years after the Defects Notification Period for the Plant and/or Materials would otherwise have expired. 如果生产设备和（或）材料的交付和（或）安装被暂停，按照本条规定，承包商义务应不适用于生产设备和（或
16、）材料的缺陷通知期限原期满日期2年后发生的缺陷或损害,If the Contractor fails to remedy any defect or damage within a reasonable time, a date may be fixed by (or on behalf of) the Employer, on or by which the defect or damage is to be remedied. The Contractor shall be given reasonable notice of this date. If the Contractor fa
17、ils to remedy the defect or damage by this notified date and this remedial work was to be executed at the cost of the Contractor under Sub-Clause 11 .2 Cost of Remedying Defects, the Employer may (at his option): on or by:到或不迟于,Failure to Remedy Defects 11.4,(a) carry out the work himself or by othe
18、rs, in a reasonable manner and at the Contractors cost, but the Contractor shall have no responsibility for this work (b) require the Engineer to agree or determine a reasonable reduction in the Contract Price or(c) if the defect or damage deprives the Employer of substantially the whole benefit of
19、the Works or any major part of the Works, terminate the Contract as a whole, or in respect of such major part which cannot be put to the intended use. Without prejudice to any other rights, under the Contract or otherwise, the Employer shall then be entitled to recover all Sums paid for the Works or
20、 for such part (as the case may be), plus financing costs and the cost of dismantling the same, clearing the Site and returning Plant and Materials to the Contractor.,Performance of the Contractors obligations shall not be considered to have been completed until the Engineer has issued the Performan
21、ce Certificate to the Contractor.The Engineer shall issue the Performance Certificate within 28 days after the latest of the expiry dates of the Defects Notification Periods, or as soon thereafter as the Contractor has supplied all the Contractors Documents and completed and tested all the Works, in
22、cluding remedying any defects. A copy of the Performance Certificate shall be issued to the Employer. Only the Performance Certificate shall be deemed to constitute acceptance of the Works.,Performance Certificate11.9,Exercise in class Sub-Clause11.511.10,11.11,replacement cost:重置成本 in force :生效的；有效
23、的；大批地；大规模地 balance: 平衡，均衡；天平，称；结余，余额； outstanding balance：欠款，差额,Whenever the Engineer requires any part of the Works to be measured, reasonable notice shall be given to the Contractors Representative, who shall : (a) promptly either attend or send another qualified representative to assist the Engin
24、eer in making the measurement, and (b) Supply any particulars requested by the Engineer.If the Contractor fails to attend or send a representative, the measurement made by (or on behalf of) the Engineer shall be accepted as accurate.,6.3 Measurement and Evaluation,Works to be Measured12.1,Except as
25、otherwise Stated in the Contract, wherever any Permanent Works are to be measured from records, these shall be prepared by the Engineer. The Contractor shall, as and when requested, attend to examine and agree the records with the Engineer, and shall sign the same when agreed, If the Contractor does
26、 not attend, the record shall be accepted as accurate. If the Contractor examines and disagrees the records, and/or does not sign them as agreed, then the Contractor shall give notice to the Engineer of the respects in which the records are asserted to be inaccurate. After receiving this notice, the
27、 Engineer shall review the records and either confirm or vary them. If the Contractor does not so give notice to the Engineer within 14 days after being requested to examine the records, they shall be accepted as accurate.,Whenever the Engineer requires any part of the Works to be measured, reasonab
28、le notice shall be given to the Contractors Representativethe Contractors Representative attend supply any particulars,The Works shall be measured, and valued for payment,4.3 Measurement and Evaluation 12,Method of Measurement12.2(a) measurement shall be made of the net actual quantity of each item
29、of the Permanent Works, and (b) the method of measurement shall be in accordance with the Bill of Quantities or other applicable Schedules.,the Engineer shall proceed in accordance with Sub-Clause 3.5 Determinations to agree or determine the Contract Price by evaluating each item of work, applying t
30、he measurement agreed or determined in accordance with the above Sub-Clauses 12.1 and 12.2 and the appropriate rate or price for the item.,Evaluation12.3,Evaluation For each item of work, the appropriate rate or price shall be specified in the Contract or, if there is no such item, specified for sim
31、ilar work. However,a new rate or price shall be appropriate for an item of work if:,(a) (i) the measured quantity of the item is changed by more than 10% from the quantity of this item in the Bill of Quantities or other Schedule,(ii) this change in quantity multiplied by such specified rate for this
32、 item exceeds 0.01 % of the Accepted Contract Amount,(iii) this change in quantity directly changes the Cost per unit quantity of this item by more than 1%, and(iv) this item is not specified in the Contract as a “fixed rate item“; or (b) (i) the work is instructed under Clause 13 Variations and Adj
33、ustments(ii) no rate or price is specified in the Contract for this item, and(iii) no specified rate or price is appropriate because the item of work is not of similar character, or is not executed under similar conditions, as any item in the Contract.,(a) (i) 该项工作测出的数量变化超过工程量表或其他资料表中所列数量的10以上，(ii)
34、此数量变化与该项工作上述规定的费率的乘积，超过中标合同金额的0.01，(iii) 此数量变化直接改变该项工作的单位成本超过1，(iv) 合同中没有规定该项工作为“固定费率项目”；或 (b) (i) 根据第13条变更和调整的规定指示的工作，(ii) 合同中没有规定该项工作的费率或价格，(iii) 由于工作性质不同，或在与合同中任何工作不同的条件下实施，未规定适宜的费率或价格。,例 变更超过25时的费用索赔某分项工程量为400m3混凝土，合同单价为200元/m3。合同规定单项工程量变化超过25即调整单价。在工程量增加25范围以内按原价计算，如果工程量增加，单价调整为190元/m3；如果工程量减少，
35、单价调整为210元/m3。实际施工工作量为600元/m3。工程结算价为：,在工程量增加25以内按原价计算 200400（125）100000元 超过25的部分采用调整后的单价 190（6004001.25）19000元 合计 119000元,Dialogue1,Engineer (E): good morning! Let me introduce myself first. My name is David lee, a Consultant Engineer of Da Long Power Station Company Limited. I am glad to meet you!,C
36、ontractor (C): good morning! Nice to meet you too! I am Wang Hai. I work for CSCEC Corporation as the representative of the contractor for the civil works.,E: today, as a representative of the owner of the Power Station, I would like to thank you for your attendance at the presentation meeting. in t
37、his way we hope we can have a chance to learn more about your companys capacity for power plant construction.,C: thank you for offering this opportunity to our company. We are very interested in this project and hope to be qualified for tendering this project.,Dialogue 2,E: now let me introduce the
38、project briefly though it has been mentioned in the Prequalification document which was issued to you a few days ago. Da Long Power Station is coal fired power station with 2units of 600MW turbine generators. This project is financed by the World Bank and implemented through an international tenderi
39、ng procedure. The construction period from the piling works to generating power for the first unit is 30 months and the quality must be complied with advanced international standard.,C: right. That means this project is really a challenge to us and we will have very hard competition in tendering.,Di
40、alogue 3,E: sure. So you should pass the prequalification procedure first. Lets continue my introduction. The general geological information is mentioned in the document but not in detail because in next stage, the tendering stage, more details will be provided. Now, could you please give me an intr
41、oduction about your company?,C: well, its my pleasure to do that. Our company is one of the largest of construction companies and also is the unique one which has experiences of construction for power stations with coal, nuclear and hydraulic power resources in our company. As a partner of the Civil
42、 Works Joint Venture, we implemented the Civil Works of the 2x900MW nuclear power station in South China.,Dialogue 4,E: oh. Is the Daya Bay Nuclear Power Station in Shenzhen of Guangdong Province?,C: yes. That was the first project we carried out by following the international standards. Now we are
43、familiar with British, French, Japanese and American standards.,E: good. Have you ever performed a large coal fired power station?,C: we have. As a main contractor, our company completed the civil works of 2x600MW coal fired station in Guangdong Province. The works included all operations from subst
44、ructure to superstructure of the plant such as rock blasting by deep precracking method（深孔预裂爆破）, deep soft sand compacted by water jetting vibration（深层松散砂振冲挤密）, mass concrete for turbine foundation,Dialogue 5,240(meter)high concrete chimney by slipform, fabrication and erection of steel structure fo
45、r turbine building and the circular water pumping house by the method of floating caisson of semi sinking barge（半潜驳船浮式沉箱）. Three of the above operations won the awards of the National Scientific and Technological progress.,E: oh, great! Would you like to discuss the project with general manager? He is over there.,C: alright! It is a good idea.,
