《专业英语》课件Unit_13.pptx
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1、Unit13Claims Disputes and ArbitrationText1 Contractors ClaimsIf the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment,under any Clause of these Conditions or otherwise in connection with the Contract,the Contractor shall give notice
2、 to the Employer,describing the event or circumstance giving rise to the claim1.The notice shall be given as soon as practicable,and not later than 28 days after the Contractor became aware,or should have become aware,of the event or circumstance.If the Contractor fails to give notice of a claim wit
3、hin such period of 28 days,the Time for Completion shall not be extended,the Contractor shall not be entitled to additional payment,and the Employer shall be discharged from all liability in connection with the claim.Otherwise,the following provisions of this Sub-Clause shall apply.The Contractor sh
4、all also submit any other notices which are required by the Contract,and supporting particulars for the claim,all as relevant to such event or circumstance.The Contractor shall keep such contemporary records as may be necessary to substantiate any claim,either on the Site or at another location acce
5、ptable to the Employer.TextWithout admitting liability,the Employer may,after receiving any notice under this Sub-Clause,monitor the record-keeping and/or instruct the Contractor to keep further contemporary records.The Contractor shall permit the Employer to inspect all these records,and shall(if i
6、nstructed)submit copies to the Employer.Within 42 days after the Contractor became aware(or should have become aware)of the event or circumstance giving rise to the claim,or within such other period as may be proposed by the Contractor and approved by the Employer,the Contractor shall send to the Em
7、ployer a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and/or additional payment claimed2.If the event or circumstance giving rise tothe claim has a continuing effect:this fully detailed claim shall be considered as interim.the
8、 Contractor shall send further interim claims at monthly intervals,giving the accumulated delay and/or amount claimed,and such further particulars as the Employer may reasonably require.the Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or ci
9、rcumstance,or within such other period as may be proposed by the Contractor and approved by the Employer.TextWithin 42 days after receiving a claim or any further particulars supporting a previous claim,or within such other period as may be proposed by the Employer and approved by the Contractor,the
10、 Employer shall respond with approval,or with disapproval and detailed comments.He may also request any necessary further particulars,but shall nevertheless give his response on the principles of the claim within such time.Each interim payment shall include such amounts for any claim as have been re
11、asonably substantiated as due under the relevant provision of the Contract.Unless and until the particulars supplied are sufficient to substantiate the whole of the claim,the Contractor shall only be entitled to payment for such part of the claim as he has been able to substantiate.The Employer shal
12、l proceed in accordance with Sub-Clause 3.5 Determinations to agree or determine the extension(if any)of the Time for Completion(before or after its expiry)in accordance with Sub-Clause 8.4Extension of Time for Completion,and/or the additional payment(if any)to which the Contractor is entitled under
13、 the Contract.The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim3.TextIf the Contractor fails to comply with this or another Sub-Clause in relation to any claim,any extension of time and/or additional payment shall take account of the exte
14、nt(if any)to which the failure has prevented or prejudiced proper investigation of the claim,unless the claim is excluded under the second paragraph of this Sub-Clause.2 Appointment of the Dispute Adjudication BoardDisputes shall be adjudicated by a DAB in accordance with Sub-Clause 20.1 Obtaining D
15、ispute Adjudication Boards Decision.The Parties shall jointly appoint a DAB by the date 28 days after a Party gives notice to the other Party of its intention to refer a dispute to a dispute to a DAB in accordance with Sub-Clause 20.4.The DAB shall comprise,as stated in the Particular conditions,eit
16、her one or three suitably qualified persons(“the members”).If the number is not so stated and the Parties do not agree otherwise,the DAB shall comprise three persons.If the DAB is to comprise three persons,each Party shall nominate one member for the approval of the other Party.The Parties shall con
17、sult both these members and shall agree upon the third member,who shall be appointed to act as chairman.TextHowever,if a list of potential members is included in the Contract,the members shall be selected from those on the list,other than anyone who is unable or unwilling to accept appointment to th
18、e DAB.The agreement between the Parties and either the sole member(“adjudicator”)or each of the three members shall incorporate by reference the General Conditions of Dispute4 Adjudication Agreement contained in the Appendix to these General Conditions,with such amendments as are agreed between them
19、.The terms of the remuneration of either the sole member or each of the three members shall be mutually agreed upon by the Parties when agreeing the terms of appointment.Each Party shall be responsible for paying one-half of this remuneration.If at any time the Parties so agree,they may appoint a su
20、itably qualified person or persons to replace any one or more members of the DAB.Unless the Parties agree otherwise,the appointment will come into effect if a member declines to act or is unable to act as a result of death,disability,resignation or termination of appointment.The replacement shall be
21、 appointed in the same manner as the replaced person was required to have been nominated or agreed upon,as described in this Sub-Clause.TextThe appointment of any member may be terminated by mutual agreement of both Parties,but not by the Employer or the Contractor acting alone.Unless otherwise agre
22、ed by both Parties,the appointment of the DAB(including each member)shall expire when the DAB has given its decision on the dispute referred to it under Sub-Clause 20.4,unless other disputes have been referred to the DAB by that time under Sub-Clause 20.4,in which event the relevant date shall be wh
23、en the DAB has also given decisions on those disputes.3 Failure to Agreement Dispute Adjudication BoardIf any of the following conditions apply,namely:the Parties fail to agree upon the appointment of the sole member of the DAB by the date stated in the first paragraph of Sub-Clause 20.2.either Part
24、y fails to nominate a member(for approval by the other Party)of a DAB of three persons by such date.the Parties fail to agree upon the appointment of the third member(to act as chairman)of the DAB by such date.the Parties fail to agree upon the appointment of a replacement person within 42 days afte
25、r the date on which the sole member or one of the three members declines to act or is unable to act as a result of death,disability,resignation or termination of appointment.TextThen the appointing entity or official named in the Particular Conditions shall,upon the request of either or both of the
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