合同特殊条款附件B-英文

Rules and Procedures for the

Functions of Disputes Review Expert (DRE) (see Clause 67 of Standard Special Conditions of Contract)

1. Except for providing the services required hereunder, the DRE shall not give

any advice to either party or to the Engineer concerning conduct of the Works.

The DRE:

(a) shall have no financial interest in any party to the Contract, or the Engineer,

or a financial interest in the Contract, except for payment for his services;

(b) shall have had no previous employment by; or financial ties to, any party to

the Contract, or the Engineer, except for fee-based consulting services on other projects, all of which must be disclosed in writing to both parties prior to selection as DRE;

(c) shall have disclosed in writing to both parties prior to selection as DRE any

and all recent or close professional or personal relationships with any director, officer, or employee of any party to the Contract, or the Engineer, and any and all prior involvement in the project to which the Contract relates;

(d) shall not, while serving as DRE, be employed whether as a consultant or

otherwise by either party to the Contract, or with the Engineer, except as a DRE, without the prior consent of the parties;

(e) shall not, while serving as a DRE, engage in discussion or make any

agreement with any party to the Contract, or with the Engineer, regarding employment whether as a consultant or otherwise either after the Contract is completed or after service as a DRE is completed;

(f) shall be and remain impartial and independent of the parties and shall disclose

in writing to the Employer, the Contractor and the Engineer, any fact or circumstance which might be such as to cause either the Employer or the Contractor to question the continued existence of the impartiality and independence required of a DRE; and

(g) shall be fluent in the language of the Contract.

2. Except for its participation in the DRE’s activities as provided in the Contract

and in this Agreement none of the Employer, the Contractor, and or the Engineer shall solicit advice or consultation from the DRE on matters dealing with the conduct of the Works.

3. The Contractor shall:

(a) Furnish to the DRE one copy of all documents which he may request

including Contract Documents, progress reports, variation orders, and other documents pertinent to he performance of the Contract.

(b) In co-operation with the Employer, coordinate the Site visits of the DRE,

including conference facilities, and secretarial and copying services.

4. The DRE shall begin his activities following the signing of a DRE’s Declaration

of Acceptance, and he shall terminate these activities as set forth below: