问题 问答题

甲公司投资建设一幢地下1层、地上5层的框架结构商场工程,乙施工企业中标后,双方采用《建设工程施工合同》(示范文本)(GF-1999-0201)签订了合同。合同采用固定总价承包方式,合同工期为405d,并约定提前或逾期竣工的奖罚标准为每天5万元。合同履行中出现了以下事件:事件1:乙方施工至首层框架柱钢筋绑扎时,甲方书面通知将首层及以上各层由原设计层高4.30m变更为4.80m,当日乙方停工。25d后甲方才提供正式变更图纸,工程恢复施工。复工当日乙方立即提出停窝工损失150万元和顺延工期25d的书面报告及相关索赔资料,但甲方收到后始终未予答复。事件2:在工程装修阶段,乙方收到了经甲方确认的设计变更文件,调整了部分装修材料的品种和档次。乙方在施工完毕3个月后的结算中申报了该项设计变更增加费80万元,但遭到甲方的拒绝。事件3:从甲方下达开工令起至竣工验收合格止,本工程历时425d。甲方以乙方逾期竣工为由从应付款中扣减了违约金100万元。乙方认为逾期竣工的责任在于甲方。

事件1中,乙方的索赔是否生效?结合合同索赔条款说明理由。

答案

参考答案:

事件1中,乙方的索赔是生效的。

理由:承包人应当在合同规定的调整情况发生后14d内,将调整原因、金额以书面形式通知发包人,发包人确认调整金额后将其作为追加合同价款,与工程进度款同期支付。发包人收到承包人通知后14d内不予确认也不提出修改意见,视为已经同意该项调整。

阅读理解

Life is to be enjoyed. There’s no point in giving up something you enjoy unless you get something back that’s even better. When people eat more healthfully, exercise, quit smoking, and manage stress better, they find that they feel so much better that it reconstructs the reason for making these changes from fear of dying to joy of living. The latest studies show that when you exercise and eat right:

YOUR BRAIN receives more blood flow and oxygen, so you become smarter, think more clearly, have more energy, and need less sleep. Two studies showed that just walking for three hours per week for only three months caused so many new neurons (神经细胞) to grow that it actually increased the size of people’s brains!

YOUR FACE receives more blood flow, so your skin glows more and wrinkles less. You look younger and more attractive. In contrast, an unhealthy diet, chronic emotional stress and smoking reduce blood flow to your face so you age more quickly. Smoking accelerates aging because nicotine causes your arteries (动脉) to narrow down, which decreases blood flow to your face and makes it wrinkle earlier. This is why smokers look years older than they really are.

YOUR GENES change. In May, a study was published in the Proceedings of the National Academy of Sciences showing that changing your lifestyle changes your genes.

YOUR TELOMERES (染色体端粒) get longer. Telomeres are the ends of our chromosomes (染色体) that control how long we live. As telomeres become shorter, then cells age more quickly, thus shortening your life.

Besides, one of the most interesting findings in the study was that the mothers’ awareness of stress was more important than what was really occurring in their lives. The researchers gave the women a questionnaire and asked them to rate on a three-point scale how stressed they felt each day, and how out of control their lives felt to them. The women who were aware that they were under heavy stress had significantly shortened and damaged telomeres compared with those who felt more relaxed. On the contrary, some of the women who felt relaxed despite raising a disabled child had more normal-appearing telomeres.

In other words, if you feel stressed, you are stressed; if you feel fine, you are fine.

小题1:Which of the following are good for lengthening one’s life, according to the passage?

① eat healthy food ② drink plenty of water ③ take exercise ④ get up early

⑤ go to sleep early ⑥ release one’s stress

A.①③⑥

B.①②③

C.①⑤⑥

D.③④⑥小题2:The underlined words “your skin glows” in Paragraph 3 are closest in meaning to _________.

A.your skin becomes white as there is plenty of sunshine

B.your skin becomes smooth as there is much blood in it

C.your skin looks pink as you are healthy

D.your skin becomes soft as you exercise enough小题3:In the author’s opinion, when you exercise and eat right, you will experience some changes EXCEPT _________.

A.brains becoming cleverer

B.faces having fewer wrinkles

C.arteries turning narrower

D.genes being changed小题4:From the last but one paragraph we learn that _________.

A.mothers will have more damaged telomeres if they raise a disabled child

B.mothers don’t know how to handle stress effectively

C.some women were asked to fill out a questionnaire about educating children

D.mothers’ positive attitudes are the key to managing their stress小题5:The best title for the passage would be _________.  

A.Eat better, live better

B.Feel better, live longer

C.Less stress, fewer diseases

D.Smoke more, age sooner

选择题