Shallow talk about work process work; the compensate
YiMiao fushun city day the building engineering Co., LTD, 113006
The engineering claims is a broad, melts the technical, economic, legal, as one of the countries science, it is not only a science but also an art and to get good claim the result, must want to have a strong and stable claim group, the right to claim for compensation strategy and flexible claims skills, is also made claims the key to success.
In a market economy condition, the construction market engineering claims is a normal phenomenon. In our country, because of the socialist market economic system has not yet fully formed. Today's construction market or a buyer's market, project bidding behavior is not standard, in the course of engineering construction, the construction unit not let claims, contract construction units can't claim and don't understand claim for compensation, supervision engineer will not deal with the claim phenomenon exists generally, but to a situation, in the construction market, should vigorously to improve the construction unit and contract construction unit to claim of understanding, strengthen the study of the method of claims theory, treat and engineering counterclaim, especially after China's entry into the WTO, the maintenance national and the interests of the enterprise has the very vital significance.
Engineering construction the claim was during the construction process, according to contract construction unit contract and law, not because of my own fault for the damage, or take on the outside of the contract work pay the extra expenses. Contract construction unit to the construction unit request compensation power. From the broad sense claim is a two-way street, the same construction units shall have the right to contract construction because the unit fails to perform the contract terms and conditions, to the construction unit economic damage claim. So the claim was a two-way, and not unilateral ACTS.
Second, the causes of the engineering claims
The engineering claims generation is various, the difficulty of building process and complexity is bigger, the terms of the contract, the standards words not rigorous, construction management such as the change of the scale are produced engineering construction factors of claim, cause of the construction claims can be divided to the following four aspects:
1, construction process the difficulty and complexity is bigger, the construction unit of the project construction and quality and function demand is higher and higher, more and more perfect, and therefore difficult to design also unceasingly increases, on the other hand the construction process is not exceptional also become more complicated. Asked to design personnel in the design drawing, regulate the use make no mistakes, perfect is not possible. Often in construction process to design change at any time, and this leads to the change of the construction cost.
2, the contract documents terms, codes, standards words not rigorous to both sides have different understanding, and cause the engineering claims. For drawing and specification is "dead", and building engineering is protean, people from different Angle understanding of it are different, the problem itself constitutes the external causes of the claim.
3 or construction, the effect of economic benefit, if contract construction unit and the construction unit sides can seriously to perform the contract, and has obtained the satisfactory economic benefit, so both parties won't dispute on the other hand to cause economic losses. Conversely both sides is very good performance, or can't get the expected economic benefit, so both sides claim dispute easily for the event. Based on this premise, claim and building economic benefits on low.
4, project management pattern and the changes, in the construction market, the engineering construction projects bidding system, a total package, the subcontract, specify the subcontract, equipment, material supply contract, etc. These units in project construction process, happen economic and technology, work and contact and effect in the process of project implementation, management errors is unavoidable. If one party error, not only for their losses, also will bring trouble and the related units, especially by the critical process engineering construction plan for a delay, will produce a chain reaction of the whole project, if this can't take effective measures to solve, could lead to a series of great claim happened. Especially the edge survey, design, construction of the edge trilateral project construction management mode is especially remarkable.
Three, engineering construction claim classification
The construction claims many classification method from different angles have different classification method. This paper mainly discusses the construction project for the compensation of several processing classification method.
1, according to the purpose of the claim, claim can be divided into period claims and economic claims. This kind of classification is the business of the construction claims the general called method, when when a claim, to put forward a claim is period and the economic claims, the former is be prolonged period, the latter is to require economic compensated.
2, handling and methods according to claim is different, can be divided into single claims and a cable son claim for compensation.
(1) single claim for compensation, it is to point to in the project implementation process, appear the interference of the original contract claim events, contracting units for the event put forward the claim, such as the construction unit happen design change instructions, cause the increasing cost, project contracting units extension, contractors for a design change events claim, may be single claim for compensation.
Single claim is often in the stipulated in the contract on the claim must be completed within the valid time, that is the effective period on the claim a claim reports, after the approval by the supervision engineer into the construction unit for approval. If more than the validity of claims, the claim is invalid. So to individual claims, must have the contract management personnel to follow up daily events, once found that the problem should be quickly whether research this claim.
Single claim because involves contract event is simple, the responsibility of analysis and claim values calculated not too complicated, amount also not too big, both parties tend to come to an agreement, a claim for success.
(2) a cable son claim, and says the total claim for compensation. It is to point to the contracting units before and after the project completion, the construction process has put forward but not solved claim summary together, to put forward the construction unit of the claims report.
This claim is in the implementation of the contract, some single cable problem is more complex, can't immediately resolved, by mutual consent to be solved; Have a plenty of construction unit to claim has been slow to respond, take the delay way to make a claim long negotiations, or contract construction unit to contract management level difference, ferial didn't pay attention to claim the event management, busy engineering construction, when completed project to see engineering lose money, just ready to claim.
Due to the above reasons, deal with a cable son claim, for many interference events intertwined, influence factor is more complex, the responsibility of analysis and calculation claim is difficult, the claims process and negotiations are tough, plus a cable son more claim amount, often need to contract construction unit to make a big concessions to solve it.
3, according to claim cause of the classification, can be divided into engineering delay claims, engineering change claim, construction speed up claims (engineering the crush), adverse conditions in the field claim for compensation.
(1) engineering delay claims, is mainly due to the reason of the unit construction, engineering of the original plan can not be time construction. Such as armor for equipment can't arrived on time make construction period delay; The design drawing and specification error and omissions, the design not to submit for examination and approval or examination of drawings, cause delay claims of events is common.
(2) engineering change claim for compensation, engineering change claim refers to the range stipulated in the contract of the change of the cause of the claim. Because the terms of the contract, it is hard to project contains detailed content and technical requirements described is very clear, the construction design drawings and it is hard to for each construction details say very clearly. Another design errors and omissions, or the construction unit and the designer of the subjective will change will be released to contract construction unit design change orders and cause the claim.
(3) the construction speed up claims, it is to point to the construction site contract construction unit requirements than the stipulation of the contract period ahead, or because of the preceding stage construction period because of the construction unit of the causes time delay, request a stage after the construction in the previous stage for the delay time, make whole construction period of the time limit prescribed by the contract finish. Contract construction unit can for construction period acceleration, cost more than the original plan construction cost and put forward a claim for compensation. The claim should be considered overwork salary, hire additional labor, use extra equipment, change the construction method, and other factors.
(4) the adverse conditions in the field claim, adverse conditions in the field is to point to contract and claim the construction drawings and technical standard and described the condition and the actual situation of substance is different, or if the contract not describe, contract construction unit unexpected, such as underground hydrological, geological conditions of some hidden the ground condition of the unknown, the adverse conditions in the field of the construction unit shall assume.
4, according to the contract claim classification, the purpose of the claim for compensation for loss of charge and extension, the basis is in the provisions of clause in the contract, the contract basis can be divided into contract in claims, contract and moral claim the claim.
(1) contract in claims, from now on claim is based on the terms of the contract, the contract shall be specified in the claim. If time delay, engineering change, the construction unit not payment bond is stipulated in the contract, the claim is called the contract in the claim.
(2) the contract claims, this claim is hard to directly from the terms of the contract according to find a claim, but can from the terms of the contract that the reasonable or other relevant terms of connected, demonstrates that the claim is the contract of the claim. If the weather for the loss of influence by the contracting units him burden, so special abnormal climate conditions, such as the worst flooding in years, you can use the terms of the contract claim compensation.
(3) moral claim for compensation, this claim no law, no contract basis. Because of the construction market bidding operation is not standard, the tenderer often with low price bidding, the engineering losses, a claim the contracting units, the construction unit can offer certain goodwill from the economic compensation.
Four, engineering construction how shall claim
To do well claim, not only have to good at finding and grasp claim opportunity, more important is to deal with the problem of claims.
1, submit a claim letter of intent, found that claim or consciousness to exist claim opportunity, contract construction units shall timely submit a claim in written form of intent. Letter of intent to submit a claim shall include the following contents:
(1) the timing of events, and conditions of the simple description;
(2) is the basis of the contract terms and reason;
(3) lawsuit provide relevant information, including records and provide events development tendency;
(4) to engineering cost and time limit for a project unfavorable influences of the seriousness of the.
2, evidence material preparation, claim success depends largely on powerful proof materials, so to claim the contracting units to material is very important, should be ready to the following information:
(1) construction diary;
(2) with files;
(4) the meeting records;
(5) engineering photos and engineering audio-visual material;
6 meteorological data;
7 project schedule;
8) engineering accounting information;
9) engineering drawings;
⑩ the tender documents.
3, write claim document material
Writing a claim: (1) the basic requirements of documents, first, must explain the claim according to the contract, according to a certain provisions of the contract.
(2) the preparation of the claim document must be accurate
(1) responsibility should be clear and accurate analysis;
(2) the value calculation basis to claim right and the calculation result is accurate.
(3) words to appropriate, in the claim to avoid the use of tough not friendly against type of language.
(3) claim document writing form and content, the report concise, easy to read and understand each other, never enough. Claims report form: including the title, the event, the reason (basis), analysis, and claim expenses (time limit).
(4) to submit claims report, a claim after the compiling report should be submitted in time to supervision engineer and the construction unit representatives. After the report not passive waiting, should take the initiative to each other understand claim, according to the problems of further preparation
Negotiations to resolve the headscarf, after supervision engineer to claim the review report, and contractors for a full discussion on, supervision engineer should be put forward disposal decision preliminary opinions, and claim to claim after negotiations decision.
Five, claim skills
A construction project, the project manager, organize the project construction in not good at to the construction unit for standard of economic compensation beyond rated, never is a shrewd project manager. How to undertake construction claim to have certain skills.
1, should discover in time claim opportunity, to carefully study the tender documents, contract terms and standard, carefully the construction site, the opportunity to explore may claim.
2, carefully read and study the construction contract, the major risk shifting to clear the contracting units to modify the terms of the contract.
3, the change of verbal commands to timely get written confirmation.
4, timely for the change of visa procedures.
5, and strive to head single claim for compensation, avoid a cable son claim for compensation.
6, strive to friendly solution, prevent antagonism.
7, notice and supervision engineer does well the relationship.
Engineering construction claim is a complex and meticulous work, a project construction process, the reasonable claim can get compensation, which requires the project team should be a legal, good management, understand business, dare will responsible for, and know how to do well the public relations, can the claim work well.