1、石家庄铁道学院四方学院毕业论文 1 附录 A 英文原文 The engineering claims related theory The summary In this paper, the engineering claims related theory must research and engineering claims to the owner and the contractor classification and meaning between the claim to understand. 1.1 The engineering claims and the meani
2、ng and the claim classification The claim was in the project contract performance of the contract, one party because the other party fails to fulfill the obligations prescribed by the contract suffered losses, to the other party claim behavior. In practice, a claim is a two-way street, the construct
3、ion unit and the construction units may claim. Usually, claim means the contractor (construction unit) in the implementation of the contract, the causes of non-self engineering extension of time, cost and increase demand for the compensation of losses to the owner a claim. And the owner (the constru
4、ction units) for the construction unit shall bear the responsibility belongs to cause, and the actual loss happened, ask for compensation to the construction unit, called reverse claim for compensation. The nature of the economic compensation claims belongs to behavior, not punished. In the general
5、claim can negotiate way through friendly solution, if both sides cant reach a compromise, the dispute by arbitration can solve. Can claim from different angles, and according to the different standards of the following categories: (1)The cause of the classification Such as preparation for constructi
6、on, process control, quality control and cost control and management of causes of claim for compensation, this classification can explicitly pointed out that each and every one of the source of the claim, make the owner and engineers to audit analysis. (2) The purpose of the claim, according to clas
7、sification 石家庄铁道学院四方学院毕业论文 2 It can be divided into the time limit and expenses claims claim. Time limit is to ask the owner claims extended construction time, make the original provisions of the project completion date postpone so as to avoid the breach of the fine occurred； Cost is to ask the owne
8、r and the contractor claim the compensation fees loss and adjust the contract value. (3) According to claim the basis of classification It can be divided into the stipulations in the contract, the contract of the claim. The stipulations in the contract is to point to claim the claim involving conten
9、t in the documents to find the basis, the owner or the contractor can then put forward the claim. This claim is not so easy to dispute； The contract is the claim to the content of the claim involving in the documents without dedicated word narrative, but can according to the contract terms of some m
10、eaning, deduced that a certain resulting. (4) According to claim the relevant parties of classification It can be divided into the contractor with the owner of the between claim； The contractor with points between the contractors claim； The contractor with suppliers claims； The contractor to the ins
11、urance company, shipping companys claim etc. (5) According to the nature of the business claim classification It can be divided into the engineering claims and business claim for compensation. The engineering claims is referred in the construction of the project construction conditions or constructi
12、on technology, construction scope change claim for compensation, commonly occur high frequency, claim expenses； Business claim is refers to the implementation of the project process materials purchase, transportation, storage, etc of activities create claim matters. (6) According to claim the proces
13、sing means of classification It can be divided into single claims and always claim for compensation. Single claims about a claim is to take the approach, that is, according to each claim after in the items, and submit them to the notice of a claim, prepare claim for single solve pay, not with other
14、claims are mixed with the matters； Always claim, and says the comprehensive claims or package claim, that is, the whole project (or a project) that happens in a number of claims matters, comprehensive together for the compensation. 1.2 The owner claims to the contractor 石家庄铁道学院四方学院毕业论文 3 The claim w
15、as two-sided, generally called claim to the owners claim to the contractors, the claim to the contractors claim to the owner. 1.2.1 Claim reason The contractors default have different situation, sometimes is all or part of the contract, some time is not to execute the contract. For the contractor to
16、 breach of proof by supervision engineer, the owner according to contract the corresponding provisions of the treatment method of punishment for the contractor. The contractors breach the following kinds roughly include: (1) Not submitted for the performance guarantee； (2) According to the contract
17、of insurance regulation no； (3) Because of the contractors responsibility delaying； (4) The quality defect, the contractor shall by supervision engineer instruction repair defects at outside, still need to the owner of the quality defects caused loss of responsibility； (5) the contractor to unqualif
18、ied material doesnt perform supervision engineer instruction to out of the site, and the quality accidents didnt appear to repair or unable to repair, the owner must send someone or hire others to do the above, and pay the expenses should be made by the contractor burden； (6) The contractor that the
19、 design of the design drawing responsibility； (7) The contractor bankruptcy or serious breach of contract has to terminate a contract； (8) Some other reasons. 1.2.2 Handling claims Appear afore-mentioned incident, general can take the following several methods compensation owner loss: (1) Payable to the contractor from the middle of the progress payment deduct inside.
