The general procedure of claim, in many cases, if someone else's personal interests are damaged, we can get compensation through law. In our life, we will encounter some things that need to be solved through legal channels, but many people don't quite understand them. The following is the general procedure for claiming compensation.

General procedure of claim 1 1. General procedure of engineering claim

Engineering claim procedure:

1, within 28 days of claim, send a notice of claim intention to the engineer;

2. Within 28 days after sending the notice of claim intention, submit the claim report and information about extending the construction period and compensating economic losses to the engineer;

3. The engineer shall give a reply within 28 days after receiving the claim report and relevant materials from the construction unit, or ask the construction unit to further supplement the claim reasons and evidence.

Second, how to collect engineering claim evidence

1, contract documents. Including the contract text and its annexes, supplementary contract agreements, bidding documents and their clarification documents, bidding quotation documents, bid-winning notice, contract drawings, bill of quantities, technical specifications, etc.

2, the construction process data files, meeting minutes and correspondence. Including engineering construction and supervision data, test (inspection) report, construction management records, construction schedule and schedule modification plan.

Construction process records, inspection lot, disciplines, division quality acceptance records, completion acceptance data, on-site meteorological records, material entry records, personnel and equipment arrangement plans and actual records, minutes of various engineering meetings, correspondence between the construction unit and the owner and supervision unit, etc.

3. Engineering photos and videos. Including photos and videos of project progress, photos and videos of concealed works before covering, photos and videos of damaged works, photos and videos of reworked works, etc.

4. Financial accounting materials, statements and vouchers. Including engineering payment receipts, monthly claims, workers' payrolls, purchase orders for materials and equipment, etc.

5. Market information. Including official engineering information prices, product market prices released by production units, foreign exchange rates announced by the central bank and other information.

6. Policies and regulations. Refers to the applicable laws where the project is located and the government documents issued by the local government that have an impact on the project.

Third, the conditions of the project claim

1, the employer's breach of contract caused the contractor a loss of time and expenses.

2. Loss of time and expenses caused by engineering changes (including design changes, engineering changes proposed by the employer, engineering changes proposed by the supervision engineer, changes proposed by the contractor and approved by the supervision engineer).

3. The Employer proposes to finish the project ahead of schedule or shorten the construction period, which leads to the increase of the contractor's expenses.

4. The employer's delay in payment causes losses to the contractor.

5. The project is temporarily suspended due to the contractor's reasons.

6. Rising prices, changes in laws and regulations, etc.

What is the general procedure of claim 2? What is the claim procedure of project bidding?

When the claim event occurs, the letter of intent for claim shall be submitted to the supervision engineer within the time limit stipulated in the contract (the time limit stipulated by Jide Road and Huancheng Road is 2l days), and the letter of intent shall be copied to the relevant units according to the contract requirements.

I. Types of claim items and calculation methods of start and end dates

A. Claims caused by delay in issuing drawings: The construction unit has the right to obtain all drawings, technical specifications and other technical data provided by the owner or the design unit entrusted by it free of charge within 28 days after receiving the bid-winning notice, and make technical disclosure to the construction unit.

If the drawings and related materials delivered by the supervision engineer are not received within 28 days, the construction unit shall make technical disclosure. If the drawings and related materials delivered by the supervision engineer are not received within 28 days, the construction unit shall file a claim according to the contract. The 29th day after receiving the letter of acceptance is the start date of the claim, and the date of receiving the drawings and related materials is the end date of the claim.

Due to the preparation stage before construction, this kind of project generally only claims the construction period, and the corresponding construction machinery comes into play. When the construction cannot be carried out due to the lack of detailed drawings, a claim for mechanical stagnation fee [mechanical stagnation fee = (mechanical depreciation fee, regular maintenance fee) ×50%] shall be made.

B. Claims caused by bad weather conditions: divided into engineering loss claims and construction period claims; Owners generally insure the projects under construction, so engineering losses caused by bad weather can apply to insurance institutions for loss expenses. If the project under construction is not insured, it shall claim for compensation in time according to the terms of the contract. Calculation method of this kind of claim:

The first day when adverse weather conditions begin to affect is the starting date, and the termination date of adverse weather conditions is the termination date of the claim. Contract No.71May, 1997 13-June, 5438+8, a sudden rainstorm occurred in Jinan, which affected the service road, foundation pit of ramp A bridge cap, some culverts and sand cushion, and our department immediately applied to the insurance company for losses.

C claims caused by engineering changes: divided into engineering construction projects that have been changed, engineering construction projects that have been added or local scale and quantity changes. Calculation method: the date when the construction unit receives the written engineering change instruction from the supervision engineer or the change drawing issued by the owner is the start date, and the completion date of the change project is the end date of the claim.

D. Claims caused by the contractor's unforeseeable ability: Due to the incomplete drawings in the project bidding, some project contractors cannot calculate correctly, such as geological conditions and soft foundation treatment. And such projects generally claim that the number of projects has increased or new technologies and equipment need to be re-invested. Calculation method: the first day when the contractor's unforeseen circumstances begin to appear is the start date, and the end date is the end date of the claim.

E claims caused by external environment: claims caused by the owner due to external environmental influences (such as land requisition, demolition, construction conditions, land use right, use right, etc.). ).

According to the construction plan approved by the supervision engineer, the first day of the impact is the commencement date. The end date of the claim event is the date when the claim disappears due to the owner's coordination or external environmental influence. This kind of project generally claims the construction period and the stagnation cost of construction machinery.

F. Claims caused by supervision engineer's instructions: The starting date is when the supervision engineer's written instructions are received, and the date when a certain work is completed according to his instructions is the end date of the claim event.

G, other reasons caused by the construction unit's claim, depending on the specific situation to determine the start date and end date.

Second, the same period record.

A. After the letter of intent for claim is submitted, the records of the same period from the date of the claim event to the date of the end of the claim event shall be carefully made, which shall be recorded every day and signed by the on-site supervision engineer; When the claim event causes site losses, the integrity of site photos and video materials should also be completed, and printed instructions should be pasted and signed by the supervision engineer. Otherwise, it is difficult to become favorable evidence when claiming.

B. The contents recorded in the same period include: the actual situation at the time and during the incident, the list of idle personnel and equipment at the scene; Delay in construction period; The degree of damage to the project; Items that lead to increased expenses and the number of personnel, machinery, materials and valid bills used.

Third, a detailed report

In the course of the claim event (every other week, or longer, or according to the specific situation of the supervision engineer), the contractor shall submit to the supervision engineer a detailed report on the stages of the claim event, explaining the impact of the current loss amount of the claim event and the basis for the claim. At the same time, the detailed report will be copied to the relevant units.

Fourth, the final claim report

When the impact caused by the claim event is over, the construction unit shall submit the final claim detailed report to the supervision engineer within the time stipulated in the contract, and send a copy to the relevant units.

The final report shall include the following contents:

A, the official documents of the construction unit.

B claim application form: fill in the claim items, basis, supporting documents, claim amount and date. In the construction of expressway projects, the claims generally include the increase of expenses and construction period caused by engineering changes, the stagnation of machinery and personnel caused by the stoppage of local or partial sections due to local relations, and the corresponding increase of construction period and expenses.

The basis of the claim generally includes the technical specifications of the project under construction, construction drawings, the project contracting agreement signed by the owner and the construction unit, the owner's reply to the construction progress plan of the construction unit, the change drawings and instructions issued by the owner, and the modification of the technical scheme of large-scale projects.

Claim documents include all correspondence documents sent by the owner and all favorable evidence collected by the construction unit during the construction. The construction unit often only verbally reports the existing problems to the superior competent unit or only fills in the letter of intent for claims without paying attention to the collection of evidence, so many claims that were originally beneficial to the construction unit were not finally approved by the owner.

The claim amount and time limit for a project are generally calculated with reference to the bill of quantities contained in the contract signed between the contractor and the owner, the budget quota of the highway project of the Ministry of Communications, the quota preparation method, the unit price of the mechanical machine team, the quota supplementary preparation method promulgated by the local authorities and the relevant documents issued by the owner and the director.

Approve the letter of intent for claim.

D preparation description: a detailed description of the cause, process and outcome of the claim.

E attachments: all kinds of correspondence documents related to this expense or time limit for a project claim, including certification materials and detailed calculation materials related to time limit for a project and expense claims issued by the construction unit.

What is the general procedure of claim 3? What are the procedures for engineering claims?

The basic procedures of engineering claims include filing claims, submitting claims materials and claims reports, and resolving claims through consultation, mediation and litigation.

1, claim

When a claim occurs, the claimant shall formally issue a written notice of claim within 28 days after the claim occurs, stating the right to claim. If it is submitted late, its claim may be rejected.

2. Submit claim materials and claim reports.

After formally filing a claim, the claimant should take the time to prepare the claim materials, prepare the claim report and formally submit the claim report within the next 28 days.

If the impact of the claim persists and the situation is still developing, supplementary information should be submitted every 28 days. Finally, submit the final claim report within 28 days after the end of the claim, and put forward the specific claim amount or the number of days to extend the construction period.

3. Solve the claim through negotiation.

Negotiation means that according to the contract documents of the project, on the basis of voluntariness, mutual understanding and mutual accommodation, the two parties to the contract solve the claims arising from the project through friendly negotiation, so it is also called negotiation.

4. Mediation

When both parties can't settle the claim through friendly negotiation, they can ask the relevant departments to mediate according to the special terms of the construction contract. Mediators can be individuals (engineering experts, lawyers, appraisers, etc.). ) trusted by both parties.

It can also be a specialized agency (engineering consulting or supervision company, engineering management company, claim dispute review team, contract dispute review Committee, etc.). ), the mediator will put forward a solution based on the division of responsibilities of all parties according to policies, regulations and construction contracts. If both parties agree to the mediation plan and sign it, the mediation is completed.

5. Litigation

If both parties fail to reach a settlement and there is no arbitration agreement, one party may bring a lawsuit to a court with jurisdiction. However, due to the judicial settlement, if the parties are not satisfied, they can appeal to the higher court again.

This may make the claim problem unresolved for a long time, leading to protracted litigation and consuming a lot of litigation costs and time. Therefore, when there is a claim, we should try to avoid solving it through litigation.