10.2 对部分工程的接收

10.2 Taking Over of parts of the Works

在雇主的决定下，工程师可以为部分永久工程颁发接收证书。

The Engineer may, at the sole discretion of the Employer, issue a Taking-Over Certificate for any part of the Permanent Works.

雇主不得使用工程的任何部分（合同规定或双方协议的临时措施除外）除非且直至工程师已颁发了该部分的接收证书。但是，如果在接收证书颁发前雇主确实使用了工程的任何部分：

The Employer shall not use any part of the Works (other than as a temporary measure which is either specified in the Contract or agreed by both Parties) unless and until the Engineer has issued a Taking-Over Certificate for this part. However, if the Employer does use any part of the Works before the Taking-Over Certificate is issued:

(a) 该被使用的部分自被使用之日，应视为已被雇主接收；

(a) the part which is used shall be deemed to have been taken over as from the date on which it is used,

(b) 承包商应从使用之日起停止对该部分的照管责任，此时，责任应转给雇主；以及

(b) the Contractor shall cease to be liable for the care of such part as from this date, when responsibility shall pass to the Employer, and

(c) 当承包商要求时，工程师应为此部分颁发接收证书。

(c) if requested by the Contractor, the Engineer shall issue a Taking-Over Certificate for this part.

工程师为此部分工程颁发接收证书后，应尽早给予承包商机会以使其采取可能必要的步骤完成任何尚未完成的竣工检验，承包商应在缺陷通知期期满前尽快进行此类竣工检验。

After the Engineer has issued a Taking-Over Certificate for a part of the Works, the Contractor shall be given the earliest opportunity to take such steps as may be necessary to carry out any outstanding Tests on Completion. The Contractor shall carry out these Tests on Completion as soon as practicable before the expiry date of the relevant Defects Notification Period.

如果由于雇主接收和(或)使用该部分工程（合同中规定的及承包商同意的使用除外，）而使承包商招致了费用，承包商应(i)通知工程师并(ii)有权依据第20.1款【承包商的索赔】获得有关费用以及合理利润的支付，并将之加入合同价格。在接到此通知后，工程师应按照第3.5款【决定】，对此费用及利润做出商定或决定。

If the Contractor incurs Cost as a result of the Employer taking over and/or using a part of the Works, other than such use as is specified in the Contract or agreed by the Contractor, the Contractor shall (i) give notice to the Engineer and (ii) be entitled subject to Sub-Clause 20.1 [Contractor's Claims] to payment of any such Cost plus reasonable profit, which shall be included in the Contract Price. After receiving this notice, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine this Cost and profit.

若对工程的任何部分（而不是区段）颁发了接收证书，对于完成该工程的剩余部分的延误损失应减少。同样，包含该部分的区段（如有时）的剩余部分的延误损失也应减少。在接收证书注明的日期之后的任何拖延期间，延误损失减少的比例应按已签发部分的价值相对于整个工程或区段（视情况而定）的总价值的比例计算。工程师应根据第3.5款【决定】，对此比例作出商定或决定。本段规定仅适用于第8.7款【延误损失】规定的延误损失的日费率，但并不对其最大限额构成影响。

If a Taking-Over Certificate has been issued for a part of the Works (other than E Section), the delay damages thereafter for completion of the remainder of the WorkE shall be reduced. Similarly, the delay damages for the remainder of the Section (if any) in which this part is included shall also be reduced. For any period of delay after the date stated in this Taking-Over Certificate, the proportional reduction in these delay damages shall be calculated as the proportion which the value of the part so certified bears to the value of the Works or Section (as the case may be) as a whole. The Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine these proportions. The provisions of this paragraph shall only apply to the daily rate of delay damages under Sub-Clause 8.7 [Delay Damages], and shall not affect the maximum amount of these damages.