工程管理 外文翻译 外文文献 英文文献 浅谈工程索赔的预防与处理.docx

1、工程管理 外文翻译 外文文献 英文文献 浅谈工程索赔的预防与处理工程管理 外文翻译 外文文献 英文文献 浅谈工程索赔的预防与处理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-co

2、st has become a regular operation, the operating contractor for 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 cou

3、ntermeasures and suggestions of the project and counter-claims 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 specif

4、ic treatment. Key words: engineering claim prevention deal with 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 compen

5、sation or the right to compensation. The incidence of claims is 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,

6、under normal circumstances, the claim refers to the contractor 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 th

7、e responsibility for the cause, and the actual loss to the construction 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-respon

8、sibility of the contractor causes delay in the construction process 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 responsi

9、bility, so that they do not pay as much as possible or not to extend the time limit to pay fines; II is due to 1 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 construction, and construction units have been approved

10、 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 financial compensation. When the reality of the con

11、ditions 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 the project claim 2.1 Engineering design arisin

12、g 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 is not tight construction, equipment, materials,

13、 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 claims. 2.2 Do not close the signing of the contrac

14、t arising from claims The 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 such as the composition of the document, the con

15、tracts 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 complexity of the construction period, as well as the

16、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 account of all factors and a clear impact on

17、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 and impact, such as earthquakes, typhoons,

18、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 floor, and other unknown obstacles, often leadi

19、ng to the changes caused 2 by the construction claim. If excavation works due to the discovery of underground structures and cultural relics, and so 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

20、 in the cost of the project, the construction units can claim. 2.4 Project construction contracts management changes in the claim. The current construction market, the project construction contracts have a total package, sub-, sub-designate, contract labor, equipment, materials supply contract and a

21、 series of contract, so as to enable the project construction contracts and management has become complicated by the difficulty Great. When any of the contracts can not perform well or poorly managed, will affect the project construction period, the quality and quantity, sparking the project, qualit

22、y, quantity and economic aspects of the claim. Such as equipment, material suppliers, according to the projects design and construction schedule on time in accordance with the provision of quality equipment, materials, engineering, can not by the owners of the requirements and design specifications

23、and the specifications for the construction, so as to affect the project construction The progress and quality, leading to the owners, with a total 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

24、 claims Of 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 and treatment efforts must be dealt with the principles and specific ways to deal with, making a reasonable claim for compensation evidence to ensure t

25、he progress of the construction project, quality, the cost of a virtuous circle. Should do the following specific areas: 3.1.1 To strengthen the claim of forward-looking prevention. As owners, supervision engineers and contractors must use their experience and the relevant regulations, to take activ

26、e measures to prevent foreseeable claims the incident occurred. Such as strengthening the management of the contract, to strengthen preparatory work 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 minim

27、um. 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 attention to fully and strictly carry out the contract. Before signing the contract should be repeated, as appropriate, the terms of the contract, pay attent

28、ion to the strict letter of the contract documents, in order to prevent the 3 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

29、 drawings, data, and units designed to improve the quality of design, conditions permitting the introduction of the design competition, designed to improve the quality of service. JP2through the design of the credibility of the tender selection, design, management capacity in areas such as better de

30、sign of the unit, designed to reduce as 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

31、 avoid the supply of material specifications 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 busi

32、ness contracts, according to the length 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 cl

33、aims. 3.2.1 Should be based on a contract 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 c