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Main Subjects
1.Payments
    
2.Construction Claim

3.Taking Over the Works   


Payments 付款
Background:

 For a construction project, payment of the contract price,normally,is divided into interim payments and final payment,and is rather complex.To receive the progress payments during the period of the construction,the contractor is required to apply for them by submitting a monthly statement after the end of each working month.

1.Settling the Form of the Monthly Statement Case One:
(Mr.Zhang,the Contractor's project manager's assistant;Mr.Bruce,the Owner's representative)

Zhang: Mr.Bruce,this is the draft form of our monthly statement.Will you have a check to see if it is all right,please?

Bruce:I'll have to go over first. If you are busy,Mr.Zhang,I'll have it sent back to you,together with my comments,when I'm through with it.

Zhang:I'd prefer to wait here if you don't mind.

Bruce:Not at all.Take a seat,please.

Zhang:I hope we can settle the form this morning.

Bruce:I hope so,too. I think I'll be finished in fifteen minutes,and then you can have my comments right away.
Case One (Con't)
Bruce:(After checking),the form is OK in general,but Item 1 in this form shall be broken down into two items.One is for the permanent works and the other for the temporary works.

Zhang:Thank you.I'll come back tomorrow afternoon and give you the Monthly Statement for the completed month in this revised form.And when do you think we can receive the payment?

Bruce:If there's no problem with the statement,I'll certify the payment to our head office right away.

Zhang:OK. I'll be expecting it then.The sooner,the better.

Words and Expressions
interim payment:         期中付款
final payment:             最终付款,结算
progress payment:      进度付款
go over:                       审阅,看一遍
settle the form:            将格式定下来
in general:                   总体上
permanent works:     
temporary works:      临时工程
revised form:               修改的格式
monthly statement:     每月报表

Words and Expressions(Con't)
break down into two items:          分成两项
certify the payment:              开具支付证书
I'll have it sent back to you:我派人再把表送给你

2.The Amount is not correct Case Two:
Bruce:Have you received the payment for September,Mr.Zhang?

Zhang:We have not been informed by the bank yet,but thank you for the copy of the interim certificate.Unfortunately,we found that the amount is incorrect.

Bruce:oh,Is it?

Zhang:In this certificate,an amount of 10 percent of the payment due to us has been deducted to repay the advance payment.We don't think that it should be.

Bruce:The owner is entitled to repayment of the advance through deductions at a rate of 10 percent of each progress payment.

Zhang:Yes,but after the total amount certified has reached 30 percent of the Contract Price,according to the Contract.

Case Two(Con't)
Bruce:Now,the payments you've got have added up to this amount.

Zhang:That's right,but we have a different understanding on this point.We believe that the Contract implies that the deduction should start from the next certificate by using the word”AFTER”.

Bruce:It is indeed quite misleading here,but the interim certificate has been delivered to our accounting department.Let me put it this way: The amount in this certificate stays as it is and I'll make no deduction for the repayment in the next certificate,How does this sound to you?

Zhang:It sounds all right.I'll take it.

Bruce:Thank you for your understanding.

Case Two(Con't)
Zhang:Mr.Bruce,there's something else I want to talk over with you.It's about the retention money.Is it possible for us to substitute a bank guarantee for the rest monies you've so retained? We're in need of more working capital at this construction stage,you know.

Bruce:Personally I don't  oppose such an idea so long as the guarantee is an unconditional one and the issuing bank is acceptable.This issue,however,is beyond my authority and I'll have to ask the head office for approval.

Zhang:OK,please advise us when you have a response from your head office.

Words and Expressions
interim certificate:           期中支付证书
repay:                          偿还
the advance payment:   预付款
at a rate of:                    以......的比率/速度                                          
reached 30 percent of the contract price
                                      达到合同价格的30%
imply:                          隐含,暗指
misleading:                 使人易误解的
retention money:         保留金
working capital:              流动资金,周转资金
unconditional:              无条件的

Words and Expressions(Con't)
issuing bank:                 开具保函的银行,开证行
beyond my authority:                         超出我的权利
due to:                                                      到期应付
stay as it is:                             保持不变,不作修改
How does it sound to you?你觉得这个意见怎么样?
substitute A for B:                                用 A 取代 B
bank guarantee:                                      银行保函
bid guarantee:                                  投标银行保函
performance guarantee:                   履约银行保函
bank guarantee for advance payment:预付款银行
                                                                       保函
Construction Claim 工程索赔
Background:

In international construction contracting,the contractor often makes claims against the owner for a variety of reasons,among which are different understanding of the contract documents,delay by the owner in issuing drawings and instructions,differing site conditions and events of force majeure.

1.Claim Regarding the Access Road Case Three:
Zhang:Have you read the letter which we sent to you yesterday? 

Bruce:Yes,we're here today just to give our position on the subject noted in your letter.

Zhang:We'd like to have your views.

Bruce:We believe that the access road provided to you is in compliance with the Contract and there's no reason for you to claim additional costs and an extension of time in this respect.

Zhang:Clause 14 in the Conditions of Contract specifies,expressly, that the access road shall be made available free of charge to the Contractor and its subcontractor.

Case Three(Con't)
Bruce:Yes,that's right.But you have already taken over the completed access road on time.This means that it has been available to you ever since.

Zhang:Before we took over the road,we informed you that some sections of the road were not up to the standard specified in the Contract.We asked you to do some enhancement work and yet we haven't seen any response.As a result, we have had to expend a lot of efforts to aid the transit of bulk cement and heavy-duty equipment through the trouble spots along the access road,which costs us not only additional money but working hours.

Bruce:In our understanding,the intent of the Contract by using the term”available”,is that the Owner provides general site access for the Contractor.As a matter of fact, you've been using this road for several months. 

Case Three(Con't)
Zhang:”Available” should be interpreted that the road is  passable for the purpose of executing this project under normal conditions, including transport of all materials and heavy-duty equipment.That's recognized internationally. In fact,the vehicles which carry cement and equipment are always impeded at some spots along the road.

Bruce:We are aware of the efforts and time you have expended. (...) Anyway,we are prepared to grant you an extention of 7 days as a package compensation but reject your cost request.(...)

Zhang:Although a 7days' compensation is less than our actual losses, we accept you solution but the road must be maintained regularly.

Bruce:(...) All right.

Words and Expressions
international construction contracting 国际建筑工程承包
a variety of                         各种各样,许多
differing site conditions      变化/不同的现场条件
events of force majeure     不可抗力事件
position                               立场
in compliance with              依照
in this respect                      在这方面
expressly                             明确地
ever since                            从那以后
be not up to the standard    没有达到标准
aid the transit                       协助运送

Words and Expressions(Con't)
in our understanding                按我们的理解
passable                                  可通行的
under normal conditions          在正常的条件下
impede                                     阻碍
trouble spots                            容易出事的地点
That's recognized internationally. 这为国际上所公认。
a package compensation          一揽子补偿
heavy-duty equipment              重型设备
maintain regularly                     定期维护

Taking over the Works 移交工程
Background:

Taking over the Works is an important step in the execution of the project to both the Contractor and the Owner. As often stipulated in the Contract,once the Works reach substantial completion,the Contractor can proceed to prepare for the transferring of the Works by giving a notice to the Owner,and the taking-over procedure starts.

1.Works are ready to be taken over Case Four:
Zhang: ...We are pleased to inform you that the whole Works have,in our opinion,reached substantial completion under the Contract.No doubt you will wish to visit the site to satisfy yourself this is so and to arrange the relevant tests.We look forward to receiving a Taking-over Certificate upon which substantial completion is achieved.... 

Bruce:That's very good news. But we have to talk about a plan for the acceptance inspection and tests.

Zhang:Actually, we've brought a plan with us. It includes a timetable for all the parts of the Works to be inspected and tested. Here it is.

Bruce:Thank you.Let's see what you have in this plan:a timetable for the taking-over procedure,as-built drawings and a list of all the parts to be inspected and tested. And we also need the technical information about all the equipment and instruments installed in the Works,including the operation and maintenance manuals.

Case Four (Con't)
Zhang:All these documents are ready for you.

Bruce:Is there any work which you think is still outstanding?

Zhang:Yes, but they are minor items,like surface reinstating,etc.

Bruce:My idea is that the taking-over process will be divided into two phases: First, our expert panel, accompanied by your technical staff,will inspect the completed Works and see if they are satisfactory.If everything is all right,we'll enter into the second phase,that is to carry out the performance tests of the equipment and instruments as specified in the Contract.

Case Four (Con't)
Zhang:I agree.

Bruce:Have you prepared the forms for recording the inspection and test results?

Zhang:Not yet.They'll be finished by tomorrow;then I'll come over and show them to you.

Bruce:Alright.... We'll start the process of acceptance inspection on 19th of this month.

2.We can't agree with you on the date Case Five:
Bruce: I'm glad to say that the whole Works have passed all the tests and our engineers are quite satisfied with the test results.However,a few minor defects have found and there's still some outstanding work.What do you say about those items,Mr.Zhang?

Zhang: It is true that a few minor defects remain to be rectified and some items of work to be completed,but they do not affect the normal operation of the whole Works,as you can see from all the functioning tests.This means,according to the contract,that substantial completion has been achieved and that we should receive a taking-over certificate from you.

Bruce:We can issue a taking-over certificate to you provided that you give us a written undertaking that you will finish the outstanding work and making good the defects with due expedition during the Maintenance Period.

Case Five (Con't)
Zhang:No problem.

Bruce:In that case,we can acknowledge that the Works were substantially completed on November 6th.

Zhang:I am afraid I can't agree with you there,as you were notified that the Works were ready for your acceptance by October 16th and both sides had agreed that this job would start on October 19th. For some reason on your part,you were not able to start the acceptance inspection and tests until November 1st. We hold it to be fair and reasonable that the substantial completion date should be October 24th.

Bruce:The activity was postponed because the electrical engineer in our expert panel was sick and couldn't be present at that time.I think this reason is excusable.

Case Five (Con't)
Zhang:We understand that situation.However,both sides should attend the inspection and tests on the agreed date,as specified in the Contract. Besides,your delayed presence at the inspection has occasioned quite some loss to us.If you insist on it, we'll have to file a claim for cost reimbursement and an extension of time in this respect.

Bruce:All right,we'll amend the date to October 24th in the acceptance report.

Zhang:And put this date in the taking-over certificate,too.

Bruce:Certainly.

Case Five (Con't)
Zhang:We understand that situation.However,both sides should attend the inspection and tests on the agreed date,as specified in the Contract. Besides,your delayed presence at the inspection has occasioned quite some loss to us.If you insist on it, we'll have to file a claim for cost reimbursement and an extension of time in this respect.

Bruce:All right,we'll amend the date to October 24th in the acceptance report.

Zhang:And put this date in the taking-over certificate,too.

Bruce:Certainly.

Words and Expressions
satisfy oneself                                                  查清楚,弄明白
acceptance inspection and test                       接收检验与试验
generating unit                                                 发电机组
timetable                                                           时间表
taking-over procedure                                      移交程序,验收程序
as-built drawing                                                施工图纸
minor items                                                       细小项目,不重要工作项
surface reinstating                                            地表面恢复原状
expert panel                                                      
accompany                                                        陪同,伴随
carry out performance tests                               进行性能试验
pass all the tests                                                通过所有试验
written undertaking                                            书面保证,书面承诺
making good the defects                                    修复缺陷
with due expedition                                             从速,迅速
acknowledge                                                       认可,回函说明
electrical engineer                                               电气工程师 

Words and Expressions(Con't)
excusable                                                       可原谅的
on the agreed date                                         在商定的日期
in this respect                                                 在这方面
amend                                                            修正,改正
reach substantial completion                          达到实质性竣工
enter into                                                         进入
no doubt                                                          无疑的,很可能
for some reason on your part                          由于你方原因
insist on                                                           坚持
rectify                                                               修正
normal operation                                             正常运行
functioning tests                                              功能试验,运行试验
postpone                                                          推迟,延缓
outstanding                                                      未完成的







工程英语培训材料 2016-10-24 本文被阅读 1042 次
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