工程管理专业英语8

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1、Chapter 8 Risk and Responsibility,Insurance,Force MajeureClause 17-19 A risk is something that may happen and if it does,will have an adverse impact on the project.？“that may happen”implies a probability of less than 100%,also have a probability something above 0%.“will have an adverse impact”,if it

2、 will not have an adverse impact,it is not a risk.(if it has a probability of 100%,it is an issue;it must be a chance to happen or it is not a risk.)uncertaintyn8.1 Risk and ResponsibilityRisk MatrixIndemnities17.1The Contractor shall indemnify and hold harmless the Employer,the Employers Personnel,

3、and their respective agents,against and from all claims,damages,losses and expenses in respect of:(a)bodily injury,sickness,disease or death,of any person whatsoever arising out of or in the course of or by reason of the Contractors design,the execution and(b)damage to or loss of any property,real o

4、r personal(other than the Works)by reason of the Contractors design(if any),the execution and completion of the Works and the remedying of any defects attributable to any negligence,wilful act or breach of the Contract by Real:property consisting of land or buildings.Personal:all of someones propert

5、y except land.Indemnities17.1The Employer shall indemnify and hold harmless the Contractor,the Contractors Personnel,and their respective agents,against and from all claims,damages,losses and expenses(1)bodily injury,sickness,disease or death,which is attributable to any negligence,wilful act or bre

6、ach of the Contract by the Employer(2)the matters for which liability may be excluded from insurance coverThe Contractor shall indemnify and hold the Employer harmless against and from all claims,damages,losses and expenses,so shall the Employer do.The contractor shall take full responsibility for t

7、he care of the Works and GoodsIf any loss or damage happens to the works,goods or contractors documents during the period when the contractor is responsible for their care,from any cause not listed in 17.3,the contractor shall rectify the loss or damage at the contractors risk and cost,so that the w

8、orks,goods and contractors documents conform with the mencement datetaking-over certificate is issuedcontractors care of the works17.2(a)war,hostilities(whether war be declared or not),invasion,act of foreign enemies,(b)rebellion,terrorism,revolution,insurrection,military or usurped power,or civil w

9、ar,within the Country,(c)riot,commotion or disorder within the Country by persons other than the Contractors Personnel and other employees of the Contractor and Subcontractors,(d)munitions of war,explosive materials,ionising radiation or contamination by radio-activity,within the Country,except as m

10、ay be attributable to the Contractors use of such munitions,explosives,radiation or radio-activity,Employers Risks17.3(e)pressure waves caused by aircraft or other aerial devices traveling at sonic or supersonic speeds,(f)use or occupation by the Employer of any part of the Permanent Works,except as

11、 may be specified in the Contract,(g)design of any part of the Works by the Employers Personnel or by others for whom the Employer is responsible,and(h)any operation of the forces of nature which is Unforeseeable or against which an experienced contractor could not reasonably have been expected to h

12、ave taken adequate preventative precautions.insurance is a form of risk management primarily used to hedge against the risk of an uncertain loss.Insurance is defined as the equitable transfer of the risk of a loss,from one entity to another,in exchange for payment.Auto insurance Home insurance Healt

13、h insuranceBuilders risk insurancen8.2 Insurance insuring party:投保人，应投保方投保人，应投保方 insurer:保险人，承保人保险人，承保人 insured:被保人被保人 policy/insurance policy:保单保单 cover:保额，保险赔偿保额，保险赔偿 premium:保险费保险费General Requirements for Insurances18.1Wherever the Contractor is the insuring Party:Each insurance shall be effected

14、 with insurers and in terms approved by the Employer.These terms shall be consistent with any terms agreed by both Parties before the date of the Letter of Acceptance.This agreement of terms shall take precedence over the provisions of this Clause.Wherever the Employer is the insuring PartyEach insu

15、rance shall be effected with insurers and in terms consistent with the details annexed to the Particular Conditions.The relevant insuring Party shall,within the respective periods stated in the Appendix to Tender(calculated from the Commencement Date),submit to the other Party:(a)evidence that the i

16、nsurances described in this Clause have been effected,and(b)copies of the policies for the insurances described in Sub-Clause 18.2 and Sub-Clause 18.3When each premium is paid,the insuring Party shall submit evidence of payment to the other Party.the insuring Party shall also give notice to the Engi

17、neer.The insuring party shall insure the works,plant,materials and contractors documents for not less than the full reinstatement cost including the costs of demolition,removal of debris and professional fees and profit.This insurance shall be effective from the date by which the evidence is to be s

18、ubmitted under sub-paragraph(a)of Sub-Clause 18.1,until the date of issue of the Taking-Over Certificate for the Works.Reinstate:restore(something)to their former statedemolition:pull or knock down a buildingdebris:scattered pieces of rubbish or remainsinsurefor:为为 保险，保险金额保险，保险金额Insurance for Works

19、and Contractors Equipment18.2 The insuring Party shall maintain this insurance to provide cover until the date of issue of the Performance Certificate,for loss or damage for which the Contractor is liable arising from a cause occurring prior to the issue of the Taking-Over Certificate,and for loss o

20、r damage caused by the Contractor in the course of any other operations(including those under Clause 11(Defects Liability).provide cover for：为为提供保险提供保险Unless otherwise stated in the Particular Conditions,insurances under this Sub-Clause:(a)shall be effected and maintained by the Contractor as insuri

21、ng Party The insuring party shall insure against each partys liability for any loss,damage,death or bodily injury which may occur to any physical property or to any person,which may arise out of the contractors performance of the contract and occurring before the issue of the performance certificate

22、.Insurance against Injury to Persons and Damage to Property18.3Unless otherwise stated in the Particular Conditions,the insurances specified in this Sub-Clause:(a)shall be effected and maintained by the Contractor as insuring Party,The contractor shall effect and maintain insurance against liability

23、 for claims,damages,losses and expenses arising from injury,sickness,disease or death of any person employed by the contractor or any other of the contractors personnel.The Employer and the Engineer shall also be indemnified under the policy of insurance,except that this insurance may exclude losses

24、 and claims to the extent that they arise from any act or neglect of the Employer or of the Employers Personnel.Insurance for Contractors Personnel18.4nMeans an exceptional event or circumstance:a)Which is beyond a Partys controlb)Which such party could not reasonably have provided against before en

25、tering into the contractc)Which,having arisen,such party could not reasonably have avoided or overcomed)Which is not substantially attributable to the other partyn8.3 Force MajeureDefinition of Force Majeure19.1 Force majeure may include,but is not limited toa)War,hostilities,invasion,act of foreign

26、 enemiesb)Rebellion,terrorism,revolution,insurrection,military or usurped power,or civil warc)Riot,commotion,disorder,strike or lockout by persons other than the contractors personneld)Munitions of war,explosive materials,ionising radiation or contamination by radio-activitye)Natural catastrophes su

27、ch as earthquake,hurricane,typhoon or volcanic activityForce Majeure is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties prevents one or both parties from fulfilling their oblig

28、ations under thecontract.It means unforeseeable,unavoidable and insurmountable objective conditionsFor instance:A natural disaster:flood;earthquake Social issue:war,strike,riot Government issue:government sanction,blockageForce majeure prevents one or both parties from fulfilling their obligations u

29、nder the contractForce majeure is not intended to excuse negligence or other malfeasance of a party,as where non-performance is caused by the usual and natural consequences of external forces.For example,a strike might prevent timely delivery of goods,but not timely payment for the portion delivered

30、.Similarly,a widespread power outage would not be a force majeure excuse if the contract requires the provision of backup power or other contingency plans for continuity.n Notice of Force Majeure19.2If a Party is or will be prevented,then it shall give notice to the other Party of the event or circu

31、mstances and shall specify the obligations,the performance of which is or will be prevented.The notice shall be given within 14 days after the Party became aware,or should have become aware,of the relevant event or circumstance constituting Force Majeure.n Duty to Minimise Delay19.3Each Party shall

32、at all times use all reasonable endeavors to minimise any delay in the performance of the Contract as a result of Force Majeure.Consequences of Force Majeure19.4 If the Contractor is prevented from performing any of his obligations under the Contract by Force Majeure of which notice has been given u

33、nder Sub-Clause 19.2 Notice of Force Majeure,and suffers delay and/or incurs Cost by reason of such Force Majeure,the Contractor shall be entitled subject to Sub-Clause 20.1 Contractors Claims to:(a)an extension of time for any such delay,if completion is or will be delayed,under Sub-Clause 8.4 Exte

34、nsion of Time for Completion,and(b)if the event or circumstance is of the kind described in sub-paragraphs(i)to(iv)of Sub-Clause 19.1 Definition of Force Majeure and,in the case of sub-paragraphs(ii)to(iv),occurs in the Country,payment of any such Cost.Delay and incurs costExtension of timeForce Majeurpayment