工程管理外文翻译----浅谈工程索赔的预防与处理

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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

2、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 countermeasures and suggestions of the project and counter-clai

3、ms 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 w

4、ith 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

5、 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 contract

6、or 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 c

7、onstruction 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

8、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 t

9、o extend the time limit to pay fines； II is due to 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 construction, and construction units have been approved construction project claim, the construction units can be m

10、ade 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 increas

11、e 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 arising from claims. As the construction drawings in error or defe

12、ctive, 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 amou

13、nt 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,

14、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 l

15、aw 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, tog

16、ether 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

17、 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, war, rebellion, radioactive pollution and nuclear hazards, s

18、uch 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 3 by the construction claim. If exc

19、avation 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 clai

20、m. 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 constructio

21、n 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 equip

22、ment, 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 and the specifications for the construction, so as to affect

23、 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 claims Of the above factors in the analysis of the project

24、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 o

25、f 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 occurr

26、ed. 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 bind

27、ing 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 attention to the strict letter of the contract documents, in order to prevent the