5. Retention
5.1. U of retention
∙ 质保金的作用
∙ The primary intention to have retention is to rerve some money in ca the contractors fail to make good defects and the Employer has to employ others to do so. However, “the Main Contractor's beneficial interest therein shall be subject only to the right of the Employer to have recour thereto from time to time for payment of any amount which he is entitled under the provisions of this Contract to deduct from any sum due or to become due to the Main Contractor.” (Clau 30(2) of the Main Contract Form). The Employer is entitled to make other deductions from the retention so long as he is entitled to make deductions from the Contract.
∙ 设立质保金的初衷是为了防止承包商在缺陷责任期内不对工程质量缺陷负责，因此雇主要保留部分款项以便找其他承包商修复缺陷。然而，总承包商的受益权应仅服从于雇主按照总
合同中约定的付款条款约定以保留追偿权。雇主有权从质保金中扣除款项也有权从合同中扣除款项。
∙ 5.2. No interest for retention
∙ 无息质保金
∙ Retention is held by the Employer. “The Employer's interest in any amounts so retained shall be fiduciary as trustee for the Main Contractor (but without obligation to invest)” (Clau 30(2) of the Main Contract Form). The retention will not have increa for interest upon relea.
∙ 质保金由雇主掌控。对任何款项应以业主对总承包商的信誉抵押。
5.3. Percentage of Certified Value retained
∙ 质保金的保证比例
1. The percentage of the Gross Valuation that the Employer may retain is called “Percent
age of Certified Value Retained” or “诚实的英文Retention Percentage”. “Certified Value饺子怎么煮才好吃” means the Gross Valuation.
业主将保留对总款项的比例称作“质保金的保证比例”或“质保金比例”，“保证值”意味着总比例。
2. The percentage is usually 10%.
通常为10%。
3. If the Contract Sum includes Prime Cost Sums for Nominated Sub-Contracts, the Percentage of Certified Value Retained would be stated as “10% of the certified value of the Main Contractor’s own work plus the Retention Funds held in respect of Nominated Sub-Contractors”. This means that the retention in respect of the Main Contractor’s own work is to be calculated parately from that of the Nominated Sub-Contractors.
如果合同总金额包含指定分包商合同金额，标准保留比例值应以总承包商承担工程金额加上分包商承担工程金额之和的10%开始。这意味着总承包商工程金额和指定转包人工程金
额要分开计算。
4. Retention in respect of Nominated Sub-Contractors shall be dealt with in accordance with the Nominated Sub-Contracts. The provisions and percentages would usually be similar to the Main Contract.
指定转包人质保金额需要与指定转包人商定并达成一致。付款比例应和总合同一致。
5. Nominated Supply Contracts usually do not have retention.
指定供应商不需要质保金。
彭德胜6. Nominated Sub-Contractors’ retentions are also held by the Employer.
指定分包商的保证金也由雇主控制。
5.4. Limit of Retention
∙ 质保金限制
1. When the amount of retention reaches certain limit, the retention would not be incread further. That limit is called “Limit of Retention Fund” or “Limit of Retention”.
当质保金额达到一定限度，质保金则不能再增加。这个限度称作“质保金限额”。
2. The Limit of Retention is usually 5% of the Contract Sum.
质保金限额通常为合同总金额的5%。
3. If the Contract Sum includes Prime Cost Sums for Nominated Sub-Contracts and Supply Contracts, the Limit of Retention would be stated as “5% of the Contract Sum excluding prime cost sums for Nominated Sub-Contractors’ works (to the nearest one thousand dollars) plus the Retention Funds held in respect of Nominated Sub-Contractors”. This means that the limit in respect of the Main Contractor’s own work is calculated parately from the Nominated Sub-Contractors’ works. The Main Contractor’s own Limit of Retention is calculated bad on “the Contract Sum excluding prime cost sums for Nominated Sub-Contracts”. Therefore, this is less than that bad on the Contra
琥珀怎么形成ct Sum. However, it should be noted that prime cost sums for Nominated Supply Contracts are not subtracted. This means that the Main Contractor has to share a burden of retention in respect of the value of Nominated Supply Contracts which usually do not have retention.
如果合同总金额包含指定分包合同和供应商合同的成本和我该如何存在，质保金限额应该以“总合同金额减去指定供应商基本成本金额（最接近1000美元）加上在指定的分包商方面持保留资金的5%”开始。这意味着总承包商和指定分包商在计算限制金额时需要分别计算。总承包商自己的质保金限制是基于“合同总金额减去指定分包商的基本成本支出总额”进行计算。因此，这个比例基于总合同金额为基础的计算金额少。然而，要注意指定供应商基本成本支出并不除外。这意味着总承包商不得不承担和总供应商共同保留的负担，而供应商成本通常是没有保留金的。
5.5. Relea of one moiety of retention upon Practical Completion
∙ 部分工作完成支付相应保留金的规定
1. “One moiety” means “half”. One moiety of the retention is to be relead upon the issue of the Certificate of Practical Completion and the other moiety is to be relead upon the issue of the Certificate of Completion of Making Good Defects.
“一部分”指“一半”。一部分质保金在承包商拿到实际竣工证书后支付，另一部分在拿到缺陷竣工证书之后进行支付。
2. 什么是理财It the time is not too distant or the Main Contractor does not have rious objection, the relea of the first moiety of retention can be included in the next Interim Certificate following Practical Completion, otherwi, a special Interim Certificate should be issued to relea the retention.
如果时间跨度不是很长或者总承包工程没有更严重的缺陷，第一部分质保金的支付可包含于实际完成后的下一个临时证书中，再者，支付剩余质保金时要有一个特殊的临时证书。
5.6. Relea of balance of retention
∙ 平衡支付质保金
1. The balance of the retention is to be relead on the expiration of the Defects Liability Period or on the issue of the Certificate of Completion of Making Good Defects, whichever is the later.
质保金的平衡应在质保期完成后或者缺陷保修完成竣工证书得到之时，以靠后时间为准。
欧美风2. It is rare that the Certificate of Completion of Making Good Defects would be issued before the expiration of the Defects Liability Period. Certificate of Completion of Making Good Defects would usually be issued after the expiration of the Defects Liability Period and the completion of the making good of defects discovered prior to the expiration of the Defects Liability Period.
很少有缺陷保修竣工证书得到时间在质保期完成之前。缺陷保修竣工证书通常在质保期满之后才颁发并且缺陷保修工程对缺陷保修期有优先权。
