1、Chapter 7 Variation and Adjustments, Contract Price and Payment,Sub-Clause 13、14,7.1 Variation and Adjustments,Variations may be initiated by the Engineer at any time prior to issuing the Taking-Over Certificate. The Contractor shall execute and be bound by each Variation, unless the Contractor prom
2、ptly gives notice to the Engineer stating (with supporting particulars) that the Contractor cannot readily obtain the Goods required for the Variation.The Contractor shall not make any alteration and/or modification of the Permanent Works, unless and until the Engineer instructs or approves a Variat
3、ion.,Right to Vary13.1,Each Variation may include: (a) changes to the quantities of any item of work (b) changes to the quality and other characteristics (c) changes to the levels, positions and/or dimensions (d) omission of any work (e) any additional work, Plant, Materials or services necessary fo
4、r the Permanent Works, including any associated Tests on Completion, boreholes and other testing and exploratory work, or (f) changes to the sequence or timing of the execution of the Works.,我国建设工程施工合同示范文本,八、工程变更29、工程设计变更29.1施工中发包人需对原工程设计变更，应提前14天以书面形式向承包人发出变更通知。变更超过原设计标准或批准的建设规模时，发包人应报规划管理部门和其他有关部门
5、重新审查批准，并由原设计单位提供变更的相应图纸和说明。承包人按照工程师发出的变更通知及有关要求，进行下列需要的变更：（1）更改工程有关部分的标高、基线、位置和尺寸；（2）增减合同中约定的工程量；（3）改变有关工程的施工时间和顺序；（4）其他有关工程变更需要的附加工作。因变更导致合同价款的增减及造成的承包人损失，由发包人承担，延误的工期相应顺延。,29.2施工中承包人不得对原工程设计进行变更。因承包人擅自变更设计发生的费用和由此导致发包人的直接损失，由承包人承担，延误的工期不予顺延。 29.3承包人在施工中提出的合理化建议涉及到对设计图纸或施工组织设计的更改及对材料、设备的换用，须经工程师同意。
6、未经同意擅自更改或换用时，承包人承担由此发生的费用，并赔偿发包人的有关损失，延误的工期不予顺延。工程师同意采用承包人合理化建议，所发生的费用和获得的收益，发包人承包人另行约定分担或分享。30、其他变更合同履行中发包人要求变更工程质量标准及发生其他实质性变更，由双方协商解决。,The Contractor may, at any time, submit to the Engineer a written proposal which (in the Contractors opinion) will, if adopted,(i) accelerate completion, (ii) red
7、uce the cost to the Employer of executing, maintaining or operating the Works, (iii) improve the efficiency or value to the Employer of the completed Works, or (iv) otherwise be of benefit to the Employer.,The proposal shall be prepared at the cost of the Contractor and shall include the items liste
8、d in Sub-Clause 13.3 Variation Procedure.,Value Engineering13.2,If a proposal, which is approved by the Engineer, includes a change in the design of part of the Permanent Works： (a) the Contractor shall design this part, (b) sub-paragraphs (a) to (d) of Sub-Clause 4.1 Contractors General Obligations
9、 shall apply , and (c) if this change results in a reduction in the contract value of this part, the Engineer shall proceed to agree or determine a fee, which shall be included in the Contract Price. This fee shall be half (50%) of the difference between the following amounts:,(i) Such reduction in
10、contract value, resulting from the change, excluding adjustments under Sub-Clause 13.7 Adjustments for Changes in Legislation and Sub-Clause 13.8 Adjustments for Changes in Cost,and (ii) the reduction (if any) in the value to the Employer of the varied works, taking account of any reductions in qual
11、ity ,anticipated life or operational efficiencies. However, if amount (i) is less than amount (ii), there shall not be a fee.,价值工程（VE）,价值工程：是一种经济分析方法，也是一种现代管理技术，它研究的是如何使功能/费用比最优化，以便使投入的资金产生最大的价值。 价值工程把“价值”定义为：“对象所具有的功能与获得该功能的全部费用之比”，即 V=F/C 价值工程具有十分广泛的应用。在工程建设中，由于建设项目投资额大，优化设计和施工方案会给项目带来很大的效益。为此，需要将
12、价值工程引入工程施工合同。,承包商如要对雇主设计的工程提出修正建议，必须基于价值工程的分析 承包商建议变更的程序非常严格。,变更目的被限定为4条， 编制费用由承包商承担。 变更必须符合变更程序。 如果雇主接受了此项变更，则承包商承担设计与相关义务。 实施承包商建议的变更后，对合同价格的影响,If the engineer requests a proposal, prior to instructing a variation, the contractor shall respond in writing as soon as practicable, by submitting: a de
13、scription of the proposed work to be performed and a programme for its executionthe contractors proposal for any necessary modifications to the programmethe contractors proposal for evaluation of the variation, or,by giving reasons why he cannot comply,Variation procedure 13.3,The Engineer shall, as
14、 soon as practicable after receiving such proposal (under Sub-Clause 13.2 Value Engineering or otherwise), respond with approval, disapproval or comments. The Contractor shall not delay any work whilst awaiting a response. Each instruction to execute a Variation, with any requirements for the record
15、ing of Costs, shall be issued by the Engineer to the Contractor, who shall acknowledge receipt. Each Variation shall be evaluated in accordance with Clause 12 Measurement and Evaluation, unless the Engineer instructs or approves otherwise in accordance with this Clause.,1.1.4.10Definition: a sum (if
16、 any) which is specified in the Contract as a provisional sum, for the execution of any part of the Works or for the supply of Plant, Materials or services under Sub-Clause 13.5 .,Provisional Sum13.5,Provisional: arranged or existing for the present, possibly to be changed later. Sum: a particular a
17、mount of money.,(a) work to be executed (including Plant, Materials or services to be supplied) by the Contractor and valued under Sub-Clause 13.3 Variation Procedure; and/or (b) Plant, Materials or services to be purchased by the Contractor, from a nominated Subcontractor or otherwise; and for whic
18、h there shall be included in the Contract Price,Each Provisional Sum shall only be used, in whole or in part, in accordance with the Engineers instructions, and the Contract Price shall be adjusted accordingly. The total sum paid to the Contractor shall include only such amounts, for the work, suppl
19、ies or services to which the Provisional Sum relates, as the Engineer shall have instructed. the Engineering may instruct:,思考：,FIDIC施工合同条件规定，暂定金额包括在合同内，一般用于( )。 A给指定分包商工作的付款 B施工引起的对第三方的财产损失赔偿 C招标时不能确定某一具体工作项目是否包括在合同之内 D支付由工程变更引起的额外工作的费用 E保险费,AC,The Contract Price shall be adjusted to take account of
20、 any increase or decrease in Cost resulting from a change in the Laws of the Country (including the introduction of new Laws and the repeal or modification of existing Laws) or in the judicial or official governmental interpretation of such Laws, made after the Base Date, which affect the Contractor
21、 in the performance of obligations under the Contract.在基准日期后工程所在国法律有改变（包括施用新法律和废除或修改现有法律）或对此类法律的司法或政府解释有改变，影响承包商按照合同规定履行义务，合同价格应该考虑上述改变导致任何费用的增减进行调整。,Adjustments for Changes in Legislation13.7,In this Sub-Clause, “table of adjustment data“ means the completed table of adjustment data included in the
22、 Appendix to Tender. If there is no such table of adjustment data, this Sub-Clause shall not apply.,Adjustments for Changes in Cost13.8,If this Sub-Clause applies, the amounts payable to the Contractor shall be adjusted for rises or falls in the cost of labour, Goods and other inputs to the Works, b
23、y the addition or deduction of the amounts determined by the formulae prescribed in this Sub-Clause.,The formulae shall be of the following general type:where:“Pn“ is the adjustment multiplier to be applied to the estimated contract value in the relevant currency of the work carried out in period “n
24、“, this period being a month unless otherwise stated in the Appendix to Tender; “Pn“是用于在“n”期间所完成的工作以相应货币的估计合同价值的调整乘数，此期间为一个月，除非“a“ is a fixed coefficient, stated in the relevant table of adjustment data, representing the non-adjustable portion in contractual payments; “a” 是在相关调整数据表中规定的固定系数，表示合同付款中不予
25、调整的部分；,“b“, “c“, “d“, . are coefficients representing the estimated proportion of each cost element related to the execution of the Works, as stated in the relevant table of adjustment data; such tabulated cost elements may be indicative of resources such as labour, equipment and materials; 是代表相关调整数
26、据表中列出的，与工程施工有关各成本要素的估计比例系数，此类表列成本要素可以表示劳动力、设备和材料等资源 通常：a+b+c+d+=1，a取值0.10.2,“Ln“, “En“, “Mn“, . are the current cost indices or reference prices for period “n“, expressed in the relevant currency of payment, each of which is applicable to the relevant tabulated cost element on the date 49 days prior
27、 to the last day of the period (to which the particular Payment Certificate relates); and 是适用于（与特定付款证书有关的）期间最后一天49天前的相关表列成本要素的“n”期间现行成本指数或参考价格，用相应的支付货币表示。“Lo“, “Eo“, “Mo“, . are the base cost indices or reference prices, expressed in the relevant currency of payment, each of which is applicable to t
28、he relevant tabulated cost element on the Base Date. 是适用于基准日期时相关表列成本要素的基准成本指数或参考价格，用相应的支付货币表示。,调值公式法的应用,某承包商承包某工程项目施工，合同价2000万元。与业主签订可调价合同，合同中规定的调价公式如下在施工过程中，工程所在国物价上涨，承包公司要求进行价格调整，收回物价上涨导致的成本增加。报价时和调价时的价格指数见表：,解：,计算调整后的合同价：通过合同价调整，合同额应增加96万元。,Talking about the transport,An order has been placed for
29、 500 tons of explosive for the Hydro-electric project at FOB price, Miami, USA. A carrier has to be found for the transportation from the loading port to the construction site.,Huang: On Wednesday, we faxed you our enquiry regarding freight rate for our ordered explosive-Powermax, but we havent rece
30、ived your reply yet.,FOB price: free on broad离岸价，船上交易价,ONeal: Sorry about that. You see, Mr. Huang, this commodity is listed as extremely dangerous. Weve had to take time to investigate the handling requirements. Now that you are here, we can have a face to face talk.,Huang: Whats the result of your
31、 investigation?,ONeal: First of all, we have to use containers for its transportation by sea to prevent the explosive from being moistened and for the convenience of its loading and discharge.,Huang: Theres one thing that worries me. This kind of explosive could be very dangerous under high temperat
32、ure. This is a tropical region and its quite hot all the year around. If containers are used, how can the temperature inside them be controlled?,ONeal: Dont worry about it, Mr. Huang. Through our investigation, we have found this kind of explosive can be transported without dangerous long as the tem
33、perature does not exceed 125 degrees Fahrenheit. The temperature inside the containers are much lower than that even in the hottest weather of the dry season. However, we have made careful plans and will take special precautions to safeguard its transportation by sea.,Huang: How about the inland tra
34、nsport, that is, from the unloading port to the warehouse on the site?,ONeal: Lowboys will be used and the police will escort them all the way to your site in line with our national security law.,Huang: What is a lowboy?,ONeal: Just a kind of trailer with very low flat bed for carrying container and
35、 major equipment.,Huang: How often do you sail from Miami to the loading port in this country?,ONeal: We have weekly sailings and can spread out your 500 tons any way you like.,Huang: And the freight rate?,ONeal: 3000 US dollars per 20-foot container. The rate is all inclusive from the loading port
36、to your site.,Huang: Im afraid it is too high.,ONeal: you see, Mr. Huang, what we are talking about is explosive, not cement or something. Special care has to be taken all the way. This will incur extra costs to us. Besides, the police will charge us for their service, too.,Huang: Will you give me y
37、our quotation sheet? I have to take it back to our office and discuss it with our manager.,ONeal: Its ready for you. Anyway, please let me know your reply as soon as possible. I have to file it with the Police Headquarters to fulfill our legal requirement.,Huang: Ok, Mr. ONeal.,(a) the Contract Pric
38、e shall be agreed or determined under Sub-Clause 12.3 and be subject to adjustments in accordance with the Contract; (b) the Contractor shall pay all taxes, duties and fees required to be paid by him under the Contract, and the Contract Price shall not be adjusted for any of these costs except Sub-C
39、lause 13.7; (c) any quantities which may be set out in the Bill of Quantities or other Schedule are estimated quantities and are not to be taken as the actual and correct quantities: (d) the Contractor shall submit to the Engineer, within 28 days after the Commencement Date, a proposed breakdown of
40、each lump sum price in the Schedules. The Engineer may take account of the breakdown when preparing Payment Certificates, but shall not be bound by it.,7.2 Contract Price and Payment,The Contract Price 14.1,The Employer shall make an advance payment, as an interest-free loan for mobilisation, when t
41、he Contractor submits a guarantee in accordance with this Sub-Clause. The total advance payment, the number and timing of instalments (if more than one), and the applicable currencies and proportions, shall be as stated in the Appendix to Tender.,Advance Payment14.2,The Engineer shall issue an Inter
42、im Payment Certificate for the first instalment after receiving a Statement and after the Employer receives (i) the Performance Security and (ii) a guarantee in amounts and currencies equal to the advance payment. This guarantee shall be issued by an entity and from within a country (or other jurisd
43、iction) approved by the Employer, and shall be in the form annexed to the Particular Conditions or in another form approved by the Employer. Annex E Example Form of Advance Payment Guarantee (p117),Payment Procedure,Typical sequence of payment events,14.3Contractor submits statement to the engineer,
44、14.6Engineer issues interim payment certificate,14.7Employer makes the payment to the contractor (monthly or otherwise),The final payment,Interim payments,?d,?d,14.11Contractor submits draft final statement,14.11Contractor submits final statement and the 14.12discharge,14.13Engineer issues final pay
45、ment certificate,14.7Employer makes payment,?d,?d,Engineer verifies the statement, Contractor submits information,The Contractor shall submit a Statement in six copies to the Engineer after the end of each month, in a form approved by the Engineer, showing in detail the amounts to which the Contract
46、or considers himself to be entitled, together with supporting documents which shall include the report on the progress during this month in accordance with Sub-Clause 4.21 Progress Reports.,Application for Interim Payment Certificate14.3,No amount will be certified or paid until the Employer has rec
47、eived and approved the Performance Security. Thereafter, the Engineer shall, within 28 days after receiving a Statement and supporting documents, issue to the Employer an Interim Payment Certificate which shall state the amount which the Engineer fairly determines to be due, with supporting particul
48、ars. However, prior to issuing the Taking-Over Certificate for the Works, the Engineer shall not be bound to issue an Interim Payment Certificate in an amount which would (after retention and other deductions) be less than the minimum amount of Interim Payment Certificates (if any) stated in the App
49、endix to Tender. In this event, the Engineer shall give notice to the Contractor accordingly.,Issue of Interim Payment Certificate14.6,The Employer shall pay to the Contractor: (a) the first instalment of the advance payment within 42 days after issuing the Letter of Acceptance or within 21 days aft
50、er receiving the documents in accordance with Sub-Clause 4.2 Performance Security and Sub-Clause 14.2 Advance Payment, whichever is later; (b) the amount certified in each Interim Payment Certificate within 56 days after the Engineer receives the Statement and supporting documents; and (c) the amount certified in the Final Payment Certificate within 56 days after the Employer receives this Payment Certificate.,
