1、The Contractor of FIDIC 1 The Contractor of FIDIC International Advisory Engineer Association Keyword： The Employer ， Contract， The Contractor 1 The Contractors General Obligations The Contractor shall design, execute and complete the Works in accordance with the Contract, and shall remedy any defec
2、ts in the Works. When completed, the Works shall be fit for the purposes for which the Works are intended as defined in the Contract. The Contractor shall provide the Plant and Contractors Documents specified in the Contract, and all contractors Personnel, Goods, consumables and other things and ser
3、vices, whether of a temporary or permanent nature, required in and for this design, execution, completion and remedying of defects. The Works shall include any work which is necessary to satisfy the Employers Requirements, or is implied by the Contract, and all works which (although not mentioned in
4、 the Contract) are necessary for stability or for the completion, or safe and proper operation, of the Works. The Contractor shall be responsible for the adequacy, stability and safety of all Site operations, of all methods of construction and of all the Works. The Contractor shall, whenever require
5、d by the Employer, submit details of the arrangements and methods which the Contractor proposes to adopt for the execution of the Works. No significant alteration to these arrangements and methods shall be made without this having previously been notified to the Employer. 2 Performance security The
6、Contractor shall obtain (at his cost) a Performance Security for proper performance, in the amount and currencies stated in the Particular The Contractor of FIDIC 2 Conditions if an amount is not stated in the Particular Conditions, this Sub-Clause shall not apply. The Contractor shall deliver the P
7、erformance Security to the Employer within 28 days after both Parties have signed the Contract Agreement. The Performance Security shall be issued by an entity and from within a country (or other jurisdiction) approved by the Employer, and shall be in the form annexed to the Particular Conditions or
8、 in another form approved by the Employer. The Contractor shall ensure that the Performance Security is valid and enforceable until the Contractor has executed and completed the Works and remedied any defects. If the terms of the Performance Security specify its expiry date, and the Contractor has n
9、ot become entitled to receive the Performance Certificate by the date 28 days prior to the expiry date, the Contractor shall extend the validity of the Performance Security until the Works have been completed and any defects have been remedied. The Employer shall not make a claim under the Performan
10、ce Security, except for amounts to which the Employer is entitled under the Contract in the event of:failure by the Contractor to extend the validity of the Performance Security as described in the preceding paragraph, in which event the Employer may claim the full amount of the Performance Security
11、, (a) failure by the Contractor to pay the Employer an amount due, as either agreed by the Contractor or determined under Sub-clause 2.5 Employers Claims or Clause 20 Claims, Disputes and Arbitration, within 42 days after this agreement or determination, (b) failure by the Contractor to remedy a def
12、ault within 42 days after receiving the Employers notice requiring the default to be remedied, or (c) circumstances which entitle the Employer to termination under Sub-Clause 15.2 Termination by Employer, irrespective of whether notice of termination has been given. The Employer shall indemnify and
13、hold the Contractor harmless against and from all damages, losses and expenses (including legal fees and expenses) The Contractor of FIDIC 3 resulting from a claim under the Performance Security to the extent to which the Employer was not entitled to make the claim. The Employer shall return the Per
14、formance Security to the Contractor within 21 days after the Contractor has become entitled to receive the Performance Certificate. 3 Contractors Representative The Contractor shall appoint the Contractors Representative and shall give him all authority necessary to act on the Contractors behalf und
15、er the Contract. Unless the Contractors Representative is named in the Contract, the Contractor shall, prior to the Commencement Date, submit to the Employer for consent the name and particulars of the person the Contractor proposes to appoint as Contractors Representative. If consent is withheld or
16、 subsequently revoked, or if the appointed person fails to act as Contractors Representative, the Contractor shall similarly submit the name and particulars of another suitable person for such appointment. The Contractor shall not, without the prior consent of the Employer, revoke the appointment of
17、 the Contractors Representative or appoint a replacement. The Contractors Representative shall, on behalf of the Contractor, receive instructions under Sub-Clause 3.4 Instructions. The Contractors Representative may delegate any powers, functions and authority to any competent person, and may at any
18、 time revoke the delegation. Any delegation or revocation shall not take effect until the Employer has received prior notice signed by the Contractors Representative, naming the person and specifying the powers, functions and authority being delegated or revoked. The Contractors Representative and all these persons shall be fluent in the language for communications defined in Sub-Clause 1.4 Law and Language.
