土木工程外文翻译---lhc土建著作中的cern在大型工程项目中的作用(编辑修改稿)

土木工程外文翻译---lhc土建著作中的cern在大型工程项目中的作用(编辑修改稿)内容摘要：

included in the Contract. A panel of three Adjudicators(independent experts engineers experienced in dispute resolution) will provide a binding first instance decision on all eventual disputes that might occur between Contractor and Employer during the Contract. Any appeal (., lawsuits) from this decision will only be possible after the pletion of the works。 (ii) The Contractor will bear some of the risk attached to ‘unforeseen ground conditions’, which is always a source of disputes (valid only for package 2。 no agreement was reached for packages 1 and 3)。 (iii) The Contractor will bee also responsible for the accuracy of the Bill of Quantities。 (iv) CERN will have the power to terminate anytime the contract。 (v) The defects liability period will be extended from two to ten years. As a direct result of CERN’s status as an intergovernmental Organization and its internal purchasing and administrative rules, an additional modification needed to be introduced. This basically impacted the overall spirit of FIDIC document and had to do with the role of each party to the Contract. FIDIC’s standard documents provide the ‘Engineer’ (Consultant’s construction manager, responsible for the whole site supervision) with the power of not only instructing any necessary variations to the works, but also evaluate and certify contractor’s invoices. In other words, mitting funds of the Employer. Since this procedure conflicts with CERN’s rules, it was necessary to considerably reduce the powers of the ‘Engineer’ under the Contract increasing accordingly the Employer’s role (see 167。 4). On one hand, the modifications introduced to the FIDIC Form of Contract will reduce CERN’s risk and liability. On the other hand, however, it may increase CERN’s exposure due to the fact that: (i) there is very little (no) experience with this type of Form of Contract and therefore no legal precedents to judge potential claims, and (ii) CERN will have a position of power that could be considered ‘abuse of dominant position’ that would, therefore, undermine the whole spirit of the Contract. Furthermore, given the Bidding 6 procedures (Form of Contract included in the Bidding documents) this is considered an ‘adherent’ Contract’, ., the Contractor has no possibility to discuss the contract clauses. Either he takes it or leaves it. This emphasizes the ‘dominant position’ characteristic. 4. ROLE OF EACH PARTY INVOLVED IN THE CONSTRUCTION CONTRACT: There are three participants to the Construction Contract: the Contractor, the Engineer and the Employer. Briefly, the role of each one of these participants and their interfaces are as follows: The Contractor shall, with due care and diligence, execute and plete the works, and remedy any defects therein. He shall provide all superintendence, labour, plant, equipment and all other necessary things specified in or reasonable to be inferred from the Contract. Contractor shall take full esponsibility for the adequacy, stability and safety of all site operations and methods of construction. The Contractor shall work in strict accordance with the Contract to the satisfaction of the shall ply and adhere strictly to the Engineers instructions except where the Contract expressly provides for instructions to be given by the Employer. During the Contract, the Contractor will not have any interface with other contractors or other CERN groups (to the exception of CE). The Engineer shall be responsible for the enforcement and proper administration of the contract and shall, with due care and diligence, carry out: (i) the supervision of construction。 (ii) the testing and mission of the works。 (iii) the periodic and final account of the works, and (iv) the resolution of disputes (first instance). The Engineer shall also be responsible for all munications to the Contractor except where the contract expressly provides for instructions to be given by the Employer. During the Contract, the Engineer will not have any interface with other CERN groups (to the exception of the Civil Engineering Group).The Employer (Civil Engineering Group) shall be responsible for the Engineer’s performance in the enforcement and correct administration of the contract. He shall be responsible for the mitment of the Organizations’ funds, ., he shall be responsible for the certification and payment of the Contractor’s invoices and the issue of variations to the contract. The Employer shall be also responsible for the limitation and eventual management of interfaces between all other CERN groups and the Engineer and/or Contractor. 5. PRELIMINARY COSTBENEFIT ANALYSIS: So far, we had extensive discussions。