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1、1 Talking about the project claim the prevention and treatment Abstract：In project management, construction claim is a complex business management. Todays domestic project contracting market is becoming more competitive, successful low-cost has become a regular operation, the operating contractor fo
2、r the construction of the claim is very important to achieve the goal. The significance of the claim and described the concept for todays domestic construction projects in claims management problems were analyzed and the corresponding countermeasures and suggestions of the project and counter-claims
3、 both sides claim the contract is an indispensable business component. Based on the analysis of the factors that claims the project, discussed the contract on the implementation of the project claim the deal with the principles and specific treatment. Key words: engineering claim prevention deal wit
4、h 1. The definition and classification of claims Claim the project is the fulfillment of the contract, the contract due to the other party did not fulfill its obligations under the contract and this led to losses, other demands for compensation or the right to compensation. The incidence of claims i
5、s a two-way, as long as the contract side of the responsibility and obligation not to achieve contract, or to provide the conditions inconsistent with the contractual status, there are claims that may arise. It is also a kind of a right, under normal circumstances, the claim refers to the contractor
6、 in the implementation of the contract process, the reasons for their non-extension of the project, and require owners to increase the cost of compensation for the loss of a claim. The owners belong to the construction unit should bear the responsibility for the cause, and the actual loss to the con
7、struction of requests for compensation, known as the anti-claim. 1.1 The purpose of their claims can be divided into two categories: construction claims and claims costs. Claim Construction Engineering refers to, as a result of non-responsibility of the contractor causes delay in the construction pr
8、ocess for approval of the contract extended period of the claim. Construction units of the purpose of the claim period is usually two: first, removed or have been shirking its responsibility to extend the duration of the contract responsibility, so that they do not pay as much as possible or not to
9、extend the time limit to pay fines; II is due to 名师资料总结 - - -精品资料欢迎下载 - - - - - - - - - - - - - - - - - - 名师精心整理 - - - - - - - 第 1 页，共 5 页 - - - - - - - - - 2 extension of the period and The cost of damage caused by the claim. If the project is not the responsibility of delay caused by the construct
10、ion, and construction units have been approved construction project claim, the construction units can be made as a result of measures taken to speed up and increase the cost of claims. The cost of claims is based on the principle of compensation for actual losses, and its purpose is to require finan
11、cial compensation. When the reality of the conditions of the contract and inconsistent, leading to increase in contractor expenses in excess of the requirements of the plans cost of the additional compensation expenses, in order to save his commitment should not be economic losses. 2. The cause of t
12、he project claim 2.1 Engineering design arising from claims. As the construction drawings in error or defective, working drawings and the actual construction site in geology , environment, or the difference between the design drawings and specifications does not match the description of expression i
13、s not tight construction, equipment, materials, the name of the model specifications that Or the wrong amount of work is not clear and many other aspects of the flaws and omissions, resulting in rework. Inevitable in order to produce in the period, the labor, materials, and other aspects of the clai
14、ms.2.2 Do not close the signing of the contract arising from claimsThe contract is a contract agreement, the tender documents, tender, contract-specific provisions, general provisions of the contract, drawings, BOQ and to fulfill the contract in the course of a series of supplementary agreements suc
15、h as the composition of the document, the contracts signed between the two sides in accordance with the law The entry into force, legally binding, either party may change or dissolve the non-performance of the contract or the powers and duties. However, due to construction projects and the complexit
16、y of the construction period, as well as the natural environment, climate, such as long-term factors, together with the terms of the contract in terms of security is not strong, between the conflicting documents, are likely to make the parties enter into the Construction contracts can not take full
17、account of all factors and a clear impact on the project, which led to the construction of the claim.2.3 The risk of accidents and unforeseen factors such as changes in the conditions of the claim During the construction process, changes in the conditions of the construction site of the project cost
18、 and impact, such as earthquakes, typhoons, war, rebellion, radioactive pollution and nuclear hazards, such as force majeure risks and natural disasters as well as the construction of sand mud emerged, geological Fault, natural cave, subsidence and underground structures or objects on the ground flo
19、or, and other unknown obstacles, often leading to the changes caused 名师资料总结 - - -精品资料欢迎下载 - - - - - - - - - - - - - - - - - - 名师精心整理 - - - - - - - 第 2 页，共 5 页 - - - - - - - - - 3 by the construction claim. If excavation works due to the discovery of underground structures and cultural relics, and so
20、 on, the drawings did not say construction indeed difficult to foresee a reasonable man-made obstacles, such as the deal is bound to lead to an increase in the cost of the project, the construction units can claim. 2.4 Project construction contracts management changes in the claim. The current const
21、ruction market, the project construction contracts have a total package, sub-, sub-designate, contract labor, equipment, materials supply contract and a series of contract, so as to enable the project construction contracts and management has become complicated by the difficulty Great. When any of t
22、he contracts can not perform well or poorly managed, will affect the project construction period, the quality and quantity, sparking the project, quality, quantity and economic aspects of the claim. Such as equipment, material suppliers, according to the projects design and construction schedule on
23、time in accordance with the provision of quality equipment, materials, engineering, can not by the owners of the requirements and design specifications and the specifications for the construction, so as to affect the project construction The progress and quality, leading to the owners, with a total
24、package side, the sub-side, the equipment and materials suppliers mutual claims. 3 Works to prevent and deal with the claims. 3.1 The project Prevention claimsOf the above factors in the analysis of the project claim, the claim works, as owners of the management of the main square in the prevention
25、and treatment efforts must be dealt with the principles and specific ways to deal with, making a reasonable claim for compensation evidence to ensure the progress of the construction project, quality, the cost of a virtuous circle. Should do the following specific areas: 3.1.1 To strengthen the clai
26、m of forward-looking prevention. As owners, supervision engineers and contractors must use their experience and the relevant regulations, to take active measures to prevent foreseeable claims the incident occurred. Such as strengthening the management of the contract, to strengthen preparatory work
27、to strengthen the design review, and so on. However, if the claim is indeed taken place, should take active measures to control claims costs to a minimum. 3.1.2 In market economy conditions, the contract is binding both A and B criterion of economic behavior. As the owners managers should pay attent
28、ion to fully and strictly carry out the contract. Before signing the contract should be repeated, as appropriate, the terms of the contract, pay attention to the strict letter of the contract documents, in order to prevent the 名师资料总结 - - -精品资料欢迎下载 - - - - - - - - - - - - - - - - - - 名师精心整理 - - - - -
29、 - - 第 3 页，共 5 页 - - - - - - - - - 4 implementation of the contract process as a result of loopholes in the text caused by the opportunity to claim, resulting in additional investment. In the design of management should strive to obtain the contract by design drawings, data, and units designed to im
30、prove the quality of design, conditions permitting the introduction of the design competition, designed to improve the quality of service. JP2 through the design of the credibility of the tender selection, design, management capacity in areas such as better design of the unit, designed to reduce as
31、much as possible the reasons for increase in the risk of project cost, the latter designed to improve the quality of service. 3.1.3 In the supply of materials, equipment and materials should be done on time and the supply, quality volume. As far as possible to avoid the supply of material specificat
32、ions of the type, variety and not caused by the drawings of alternative materials. 3.1.4 The price may rise to the claim by the construction tender will be taken to increase the risk of a package as a death order to guard against the practice, that is, in business contracts, according to the length
33、of period, the market price trend forecast, the two sides to agree on a cost risk To the contractors and contract during the construction of national and local government policy documents are no longer the implementation of price adjustment.3.2 Engineering claims. 3.2.1 Should be based on a contract
34、 basis to deal with claims must be reasonable; have to pay attention to data collection, information truthfulness, reliability, and after that must deal with claims in a timely manner; in dealing with the specific claims process, we must A close examination of the period when the claims should be gi
35、ven, should be given when the cost of claims. For example: an extremely bad weather conditions, we have exceeded the expected normal rain and snow, seriously hampering the progress of projects at this time, the construction units may be required, the owner can grant an extension period, that is, the
36、 establishment of the claim period, but the cost should not be Claim. For instance, in the works in full swing during part of the project changes, construction has been finished on the part of the change and wait for the drawings when part of the construction and mechanical requirements of the claim
37、, this time, to have been part of the End of the claim, it should benefit all, Including the costs and profits, but stagnation and machinery , due to the time when the construction season, it is entirely possible that this first part of the personnel, machinery to use elsewhere, to be paid should be
38、 the only change of duty and the types of work efficiency to lower costs. 3.2.2 To deal with claims in the event of limitations should be carried out inspection, the 名师资料总结 - - -精品资料欢迎下载 - - - - - - - - - - - - - - - - - - 名师精心整理 - - - - - - - 第 4 页，共 5 页 - - - - - - - - - 5 building of Chinas const
39、ruction contracts (GF-1999-2001) in the light of international common FIDIC conditions of contract claim against the statute of limitations provides as follows: The claim occurred within 28 days of Engineers to issue a claim Notice; issued a notice of claim within 28 days to raise additional enginee
40、rs to extend the duration of the contract price or the claims report and related information; engineers sent to the contractor received the report and claims information after the 28 days given to sign rehabilitation, Or ask the contractor to add further grounds for the claim and evidence. Engineers
41、 in 28 days or did not respond to the contractor for further requirements, as the claims have been approved. Excess of the limitation period for claims, as the case may have the right to refuse. At the same time, the claim should be effective to deal with in a timely manner. 3.2.3 Should clearly def
42、ine the responsibilities, strict examination fees. The claim of actual events are often responsible for both contracts, which should identify the reasons, clearly define responsibilities and in accordance with the terms of the contracts pricing review to determine the contract that both sides should
43、 bear the cost. 3.2.4 Should work to strengthen the control of the initiative, works to reduce the claim. This requires the owners in project management, as far as possible the work should be made in advance, to reduce the incidence of claims. This will enable the project to carry out more smoothly,
44、 reducing investment projects to reduce the construction period. To sum up, the claim for the prevention and management of investment projects to control play an important role in the international engineering construction in general will be designed to claim the contract price of 10-15% in individu
45、al cases even more. In order to better handle the construction of the claims the problem from the project to strengthen the construction plans and construction contract management, strengthen personnel training to start, actively explore and practice. References 1 Wu Yuan, Wu Yin, Chinas constructio
46、n industry, claims the status quo and countermeasures J. Economist, 2006, (3). 2 Xu Wei, Jin Fu, Chen Lianjie. Standardize the implementation of the construction project supervision Manual M. Beijing: China Building Industry Press, 2001. 3 Dong Cheng Hai, Zhang Jiansheng. Analysis of Construction Co
47、ntract Management Problems and Solutions J. Modernization construction management, 2001, (1). 4 Cheng Hu. Encyclopedia of Practical construction contract management M. Beijing: China Building Industry Press, 2000, (1). 名师资料总结 - - -精品资料欢迎下载 - - - - - - - - - - - - - - - - - - 名师精心整理 - - - - - - - 第 5 页，共 5 页 - - - - - - - - -