1. Construction claim
In the implementation process of each project, the management level of contracting enterprises is reflected in the actual management of project construction contracts, that is, contract management. Contract management runs through the whole process and all levels of project implementation. Construction claim is an important part of contract management. Construction claims also run through the whole process and all levels of project implementation.
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In the process of contract execution, some interference events that are not caused by the contractor and cannot be influenced by the contractor often occur. They do not conform to the "contract status", which leads to the delay of construction period and the increase of cost.
3. Reasons for claim
Refers to all kinds of reasons that cause claims. Mainly manifested in: uneven risk sharing; Changes in construction conditions; Engineering change; Delay in construction period; Owner's default; Contract defects; Changes in national laws and irresistible natural disasters.
4. Contract defects
Generally, it refers to the dispute over the payment of project funds caused by errors, contradictions, omissions or ambiguities in the contract documents. If the contractor's expenses increase or the construction period is delayed, it is the responsibility of the owner, and the contractor has the right to lodge a claim.
5. The owner violated the contract.
Generally speaking, the owner fails to provide conditions for the contractor's construction as stipulated in the contract; Failing to pay the project payment to the contractor within the time limit stipulated in the contract; The engineer fails to provide construction drawings, give instructions or reply within the time stipulated in the contract. In a word, the owner or engineer failed to perform the contract responsibilities.
6. Changes in laws and regulations
It refers to the changes in laws, regulations, decrees and other laws of the country where the project is located, as well as the rules formulated by any legally established public authority, such as the introduction of import restrictions, foreign exchange control, tax rates and fee standards, which may lead to the increase of the contractor's construction cost. According to international practice, it is allowed to compensate the contractor. The time standard for the change is 28 days before the deadline for bidding (usually the bid opening date). If the change of laws or policies in the country where the project is located leads to the increase of the contractor's construction cost, the owner shall compensate the contractor for the increased cost. If the construction cost is reduced, the owner should benefit and the payment to the contractor should be reduced accordingly.
7. Claims and counterclaims
It is the contractual right given to the contractor and the owner by the construction contract conditions, which are mutually binding and become two components of the construction claim. Generally speaking, the claimant is mostly in the contractor and the counterclaim is in the owner.
8. Claim consciousness
That is, the high consciousness, initiative and enthusiasm of claim concept and claim behavior.
9. Contract consciousness
It is a comprehensive embodiment of legal consciousness, market economy consciousness and project contract management.
10. Risk awareness
International project contracting has the characteristics of high risks, which are mainly manifested in political risks, economic risks, commercial risks, social risks, contract risks and natural environmental risks. Therefore, we must establish a comprehensive awareness of risk identification, appraisal, evaluation, management, decision-making, response and inspection.
1 1. International engineering
Generally speaking, it refers to a project that is contracted through international public bidding competition and built in accordance with the international general project management model.
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