2023年版FIDIC 红皮书（中英文）.docx

2023年版FIDIC红皮书（中英文完整版）If the Engineer does not give the Notice of determination within the relevant time limit:如果工程师未在有关期限内通知决定的：注：这里删除原"agreement or "o(i) in the case of a Claim, the Engineer shall be deemed to have given a determination rejecting the Claim; or如属索赔，工程师应被视为或已作出拒绝该项索赔的决定；或Dissatisfaction with Engineers determination and sub-paragraph (a) of Sub-Clause 21.4.1 Reference of a Dispute to the DAAB shall not 叩ply).注：增力口了 under sub-paragraph (a) of Sub-Clause 3.7 Agreement or Determination 如果是根据第3.7条商定或确定(a)项商定或确定的事项，该事项应被 视为争议，任何一方都可根据第21条将其提交给争端裁决委员会作出 裁决。第条对工程师裁决不满和第条将争议提交仲裁 委员会的项应不适用)。After a Part has been taken over or is deemed to have been taken over, the Contractor shall be given the earliest opportunity to take such steps as may be necessary to carry out the outstanding work (including Tests on Completion) and/or remedial work for any defects listed in the certificate. The Contractor shall carry out these works as soon as practicable and, in any case, before the expiry date of the relevant DNP.在部分工程被接收或被认为已被接收之后，承包商应尽早采取必要措施, 对证书中列出的任何缺陷进行尚未完成的工作（包括竣工试验）和/或 补救工作。承包商应在切实可行范围内尽快实施这些工程，并在任何情 况下，在相关缺陷通知期的有效期前进行。注：各“the Engineer has issued a Taking-Over Certificate for a Part" 改为 "a Part has been taken over or is deemed to have been taken over".If the Contractor incurs Cost as a result of the taking over or deemed taking over of a Part, the Contractor shall be entitled subject to Sub-Clause 20.2 Claims For Payment and/or EOT to payment of such Cost Plus Profit.如果承包人因接收或被视为接收某部分而产生费用，承包人应有权根据 第20.2条付款要求和/或工期延展的规定，支付该费用加利润。注:将“the Employer taking over and/or using a Part"改为 "the taking over or deemed taking over of a Part".For any period of delay after the date that a Part has been taken over or is deemed to have been taken over, the Delay Damages for completion of the Works or the Section (as the case may be) in which this Part is included shall be reduced. This reduction shall be calculated as the proportion which the value of the Part (except the value of any outstanding works and/or defects to be remedied) bears to the value of the Works or Section (as the case may be) as a whole. The Engineer shall proceed under Sub-Clause 3.7 Agreement or Determination to agree or determine this reduction (andz for the purpose of Sub-Clause 3.7.3 Time limits , the date the Engineer issues the Taking-Over Certificate under the first paragraph of, or receives the Contractor' s Notice under the second paragraph ofz this Sub-Clause (as the case may be) shall be the date of commencement of the time limit for agreement under Sub-Clause 3.7.3).The provisions of this paragraph shall only apply to the daily rate of Delay Damages, and shall not affect the maximum amount of these damages.注：本条调整为新的内容。In the next IPC, or the FPC (as the case may be), after the Engineer receives any such Statement, the Engineer shall certify the release of the corresponding amount of Retention Money. However, when certifying any release of Retention Money under Sub-Clause 14.6 Issue of IPC, if any work remains to be executed under Clause 11 Defects after Taking Over, the Engineer shall be entitled to withhold certification of the estimated cost of this work until it has been executed.注:增力口 or the FPC (as the case may be)/.在下一次支付证书或最终支付证书(视情况而定)，中，工程师收到任 何这样的报表后，应确认相应的留存金额的释放。但是，当根据第14.6 款支付证书的签发确认留存金的任何释放时，如果根据第11条接收 后的缺陷仍有任何工作有待执行，工程师应有权在这项工作完成之前 暂不对估计费用进行认证。(d) if, after the Parties have agreed the appointment of the member(s) or replacement, such appointment cannot be effected because one Party refuses or fails to sign a DAAB Agreement with any such member or replacement (as the case may be) within 14 days of the other Party' s request to do so, or because the terms of the DAAB Agreement (including the amount of the monthly fee or the daily fee) cannot be agreed with the member or replacement within 14 days after he/she has been advised by the Parties that they have agreed to his/her appointment注：在原结尾t。do so,"后面加上：", or because the terms of the DAAB Agreement (including the amount of the monthly fee or the daily fee) cannot be agreed with the member or replacement within 14 days after he/she has been advised by the Parties that they have agreed to his/her appointment/".