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.doc

Talking about the project claim the prevention and treatmentAbstract：In project management, construction claim is a complex business management. Today's domestic project contracting market is becoming more competitive, successful low-cost 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 today's domestic construction projects in claims management problems were analyzed and the corresponding countermeasures 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 specific treatment. Key words: engineering claim prevention deal with1. 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 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, 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 the 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-responsibility 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 responsibility, so that they do not pay as much as possible or not to extend the time limit to pay fines; II is due to 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 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 conditions of the contract and inconsistent, leading to increase in contractor expenses in excess of the requirements of the plan's cost of the additional compensation expenses, in order to save his commitment should not be economic losses.2. The cause of the project claim2.1 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 is 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 claims.2.2 Do not close the signing of the contract 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 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 complexity 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 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 claimDuring the construction process, changes in the conditions of the construction site of the project cost 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 floor, and other unknown obstacles, often leading to the changes caused 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 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 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, quality, quantity and economic aspects of the claim. Such as equipment, material suppliers, according to the project's 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 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 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 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 claim 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 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 owner's 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 attention to the strict letter of the contract documents, in order to prevent the 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 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 design 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 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 business 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 claims. 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 claims should be given, 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 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, 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 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 building of China's construction 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 engineers 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 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 define 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 contract's pricing review to determine the contract that both sides should 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, 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 individual 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, China's construction 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 Contract 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). 浅谈工程索赔的预防与处理学 生：张 曦 指导教师：王春燕三峡大学科技学院摘要：在工程项目管理中,施工索赔是一项复杂的经营管理工作。当今国内工程项目承包市场竞争日趋激烈,低价中标已成为规律性的操作方式,施工索赔对于承包商经营目标实现非常重要。 对索赔的意义和概念进行了阐述，对当今国内施工项目索赔管理中存在的问题进行了分析，并提出了相应的对策和建议工程索赔与反索赔是合同双方经营活动不可缺少的组成部分。本文通过对工程索赔因素的分析，论述了在合同执行中关于工程索赔相应的处理原则及具体的处理方式。关键词：工程；索赔；预防；处理1 索赔的定义及分类索赔是指在工程承包合同履行中，合同当事人一方由于另一方未履行合同所规定的义务而致使本方遭受损失时，要求对方给予赔偿或补偿的权利。索赔的发生是双向的，只要合同中一方的责任和义务未按合同约定实现，或出现提供的条件与合同约定状态不一致，都有可能出现索赔。它既是一种权利也是一种行为，通常情况下，索赔是指承包商在合同实施过程中，对非自身原因造成的工程延期、费用增加而要求业主给予补偿损失的一种权利要求。而业主对于属于施工单位应承担责任造成的，且实际发生了损失，向施工单位要求的赔偿，称为反索赔。1.1 索赔按其目的可分为两类：工期索赔和费用索赔。工期索赔是指在工程施工中，由于非承包人责任的原因而导致施工进程延误，要求批准顺延合同工期的索赔。施工单位提出工期索赔的目的通常有两个：一是免去或推卸自己对已产生的工期延长的合同责任，使自己不支付或尽可能不支付工期延长的罚款；二是进行因工期延长而造成的费用损失的索赔。如果工期延缓责任不是由施工单位造成，而建设单位已认可施工单位工期索赔，则施工单位还可以提出因采取加速措施而增加的费用索赔。费用索赔是以补偿实际损失为原则，其目的是要求经济补偿。当现实的条件与合同约定不一致，导致承包商增加开支，要求对超出计划成本的附加开支给予补偿，  以挽回不应由他承担的经济损失。2 工程索赔的发生原因 2.1要程设计方面引起的索赔由于施工图纸中存在缺陷或错误，施工图与现场实际施工在地质、环境等方面的差异或是设计的图纸与规范要求不符，施工说明表达不严密，对设备、材料的名称、规格型号表示不清楚或工程量错误等诸多方面的遗漏和缺陷，造成返工。从而不可避免的产生如在工期、人工、材料等方面的索赔要求。2.2合同签订不严密引起的索赔合同是由合同协议书、招标文件、投标书、合同专用条款、合同通用条款、图纸、工程量清单及合同履行过程中的补充协议等一系列的文件所组成的，经承发包双方依法签订生效，具有法律约束力，任何一方不得擅自变更或解除或不履行合同赋予的权力和义务。但由于工程项目建设的复杂性和施工工期以及自然环境、气候、周期长等因素的限制，加上合同中用词严密性不强、文件之间的相互矛盾等，都有可能使双方在签订施工合同时不能充分考虑和明确各种因素对工程建设的影响，从而引起施工索赔。