Details
This book provides a comprehensive commentary and guidance to readers on the current edition (1999 Edition) of General Conditions of Contract for Civil Engineering Works (the “General Conditions”), which the Government of HKSAR uses for all its civil engineering contracts. Though the General Conditions are described as for Civil Engineering Works, the book is also generally applicable to Building and E&M Works since the General Conditions for these various types of Works are very similar.
The book is suitable for students, young engineers as well as practitioners since its Commentary, Analysis and Applications, Questions (illustrated with photographs) and Answers are all written in plain English. The book is well organized and the systematic layout also makes it easier to read. The Chinese translation would also assist in the understanding of the difficult General Conditions.
For practitioners such as Government and consulting engineers, surveyors and also lawyers who want to understand more about the Hong Kong construction practice, the book can be utilized as a comprehensive reference. Apart from analyzing each clauses with due consideration of construction practice, the book refers to relevant legal cases and citations from authoritative text books such as those written by Mr. Max Abrahamson and Mr. Duncan Wallace.
Foreword by Ir Dr the Honourable Raymond Chung-tai HO
Preface
Acknowledgements
Introduction
Clause 1 Definitions and Interpretation
條款1 定義及解釋
Clause 2 Duties and Powers of the Engineer and the Engineer’s Representative
條款2 「工程師」及「工程師代表」的職責與權力
Clause 5 Documents Mutually Explanatory
條款5 文件的互相解釋
Clause 6 Provision of Drawings and Specification
條款6 「圖則」與「規格」之供應
Clause 7 Drawings Provided by the Contractor for the Works
條款7 「承建商」為「本工程」供應的「圖則」
Clause 8 Information Not to be Divulged
條款8 不可洩露資料
Clause 13 Inspection of the Site
條款13 視察「工地」
Clause 14 Sufficiency of Tender
條款14 充分滿意的「標書」
Clause 15 Works to be to the Satisfaction of the Engineer
條款15 「本工程」須達至「工程師」滿意的程度 Clause 16 Programme to be Furnished
條款16 提交施工計劃
Clause 17 Contractor’s Superintendence
條款17 「承建商」的監督
Clause 18 Contractor’s Employees
條款18 「承建商」的僱員
Clause 20 Safety and Security of the Works
條款20 「本工程」的安全及保護
Clause 21 Care of the Works
條款21 對「本工程」的照顧
Clause 22 Damage to Persons and Property
條款22 對人及財產的損害
Clause 23 Design Responsibility
條款23 設計的責任
Clause 25 Remedy on Failure to Insure
條款25 對不投購保險的補救
Clause 26 Accident or Injury to Workers
條款26 工人的意外或損傷
Clause 30 Compliance with Enactments and Regulations
條款30 遵從法例條文及規例
Clause 46 Removal of Unsatisfactory Material and Work
條款46 移走不合意的物料及工程
Clause 47 Commencement of the Works
條款47 「本工程」的開始
Clause 48 Possession of the Site
條款48 「工地」的管用
Clause 50 Extension of Time for Completion
條款50 延長竣工限期
Clause 51 Rate of Progress
條款51 進展
Clause 52 Liquidated Damages for Delay
條款52 對「本工程」延遲的算定賠償
Clause 53 Completion of the Works
條款53 「本工程」的完成
Clause 54 Suspension of the Works
條款54 「本工程」的擱置
Clause 55 Suspension Lasting More than 90 Days
條款55 工程擱置超過90天
Clause 56 Execution of Work of Repair
條款56 修理工程的實施
Clause 58 Investigating Defects
條款58 調查缺陷
Clause 59 Bills of Quantities and Measurement
條款59 「工程量清單」及計量
Clause 60 Variations
條款60 變更命令
Clause 61 Valuing Variations
條款61 對變更釐定價值
Clause 62 Daywork
條款62 日工
Clause 63 Disturbance to the Progress of the Works
條款63 「本工程」進展受阻礙
Clause 64 Notice of Claims
條款64 索償通知
Clause 68 Accounting of Provisional and Contingency Sums
條款68 「備用金額」及「應變金額」的計算
Clause 71 Vesting of Constructional Plant and Temporary Buildings
條款71 「施工設備」及「臨時建築物」的擁有權
Clause 72 Vesting of Materials
條款72 物料的擁有權
Clause 78 Contractor’s Interim Statements
條款78 「承建商」的中期報表
Clause 79 Interim and Final Payments, Retention Money and Interest
條款79 中期及末期付款、保留金及利息
Clause 80 Maintenance Certificate
條款80 保養證明書
Clause 81 Determination of the Contractor’s Employment
條款81 終止僱用「承建商」
Clause 82 Work by Person Other than the Contractor
條款82 由「承建商」以外人士施行工程
Clause 83 Recovery of Money Due to the Employer
條款83 追討須支付「僱主」的款項
Clause 86 Settlement of Disputes
條款86 紏紛的解決
Clause 88 Default of the Employer
條款88 「僱主」的失責
Suggested Answers to Questions
Table of Cases and Ordinances Quoted
Index of Cases/Sub-clauses
Bibliography
The author, Ir David Y K LEUNG, is a Member of the Hong Kong Institution of Engineers and a Fellow of the Chartered Institute of Arbitrator. He has worked in the consultants and in the Government of HKSAR for more than 30 years and has spent most of his time in administering Civil Engineering contracts, particularly the last ten years in the Government as Contract Adviser for major highway projects. Then he has undergone two years legal training in a solicitor firm and has been admitted as a solicitor of High Court of HKSAR. He is now working as a Dispute Resolutiuon Adviser for several major Government contracts such as Tuen Mun Road Widening and Central Wanchai Bypass. He has also been a part time lecturer in Construction Industry Council and HKU Space and has been giving talks in seminars in the Conditions of Contract to many engineers and surveyors.
"The competitive landscape of the engineering field requires engineers, especially those who are just starting their careers, to possess a thorough understanding of contract management principles alongside technical knowledge. Ir David Leung's book provides a solid foundation in exactly these essential areas. It is an important resource for young engineers!" — Leo Hei-yim Chan, Chairman (Session 2009/2010), Young Members Committee, Hong Kong Institution of Engineers
