Claim for compensation is to point to the procedure is performed in the contract in, to be not oneself fault, answer to bear the actual loss that the circumstance of responsibility causes by the other side however, raise economic compensation and time compensatory requirement to the other side. Project claim for compensation is two-way, include construction claim for compensation and owner claim for compensation two respects, contractor of general habit admiral the abbreviation of construction claim for compensation to owner " claim for compensation " , call owner to the claim for compensation of contractor " turn over claim for compensation " .
In modern project, contract square claim for compensation asks to be normally: The compensation of the extension of time limit for a project and charge. Project claim for compensation is a project the normal phenomenon that in contracting, often produces, to construction contract both sides character, project claim for compensation is the right that upholds bilateral and legal interest, it holds the post of with the contract duty in term and conditions of contract same, the contract that makes rigor restricts a relation. Project is claim for compensation sends an area more, by the building market of product of process of production of product, construction, building manages means to decide this. What build the market as our country is progressively and open, conform with the international market gradually, in project project management, we must treat project claim for compensation seriously, set person specially assigned for a task to be in charge of job of management of claim for compensation, manage claim for compensation perforative each link that at project project whole process, project carries out and each phase, drive what construction business management and project project run integral level to rise with this.
1, origin of project claim for compensation (or opportunity) contractor should be searched meticulously seriously and discover opportunity of claim for compensation, opportunity of claim for compensation often is behaved for specific interference event, disturbing incident is the target that claim for compensation treats, analysis of reason of investigation of a got-up affair, claim for compensation, influence analysis, claim for compensation is worth computation to wait to be aimed at specific interference event.
Contracting in the project, the common interference event that can offer claim for compensation has:
A) the data of requirement consign design that owner did not provide by the contract, blueprint paper, road of travel of the ground of date consign construction that did not provide by the contract, consign, put through water and electricity, make the construction personnel of contractor and facilities cannot approach; The time that did not provide by the contract and amount pay a project the money, supply data, or supply data unqualified, time limit for a project of incur loss through delay.
B) what project geology circumstance and contract set is different, appear unusual; Contract provision is not complete, wrong, file imperfectly or between the file contradictory, abhorrent; File of invite public bidding imperfectly, the information that owner provides has a mistake.
C) the engineer instruction project of owner or owner stops build, delay is built, the instruction increases, decrease or delete partial project, raise adornment level, raise building hardware standard to wait, delete a project to entrust turn to someone else to finish.
D) because design mistake of change, design, the statement that owner makes a mistake, data that provides a mistake, data cause a project to revise, discard as useless, do poorly done work over again, shutdown, enforced idleness due to poor organization of work, protracted blueprint approval, protracted take cover engineering checks and accept owner, protracted the answer to contractor problem, instruction of not seasonable make known to lower levels, decision, create engineering stop work, or the requirement accelerates project plan, instruction contractor is adopted quicken step.
E) prices rises substantially, cause material price, artificial salary to rise substantially; Devaluation, the exchange rate loss that makes contractor incur bigger; Of national law revise, if raise wage tax, raise customs tax, promulgate new foreign currency system to wait.
F) force majeure element, block of change of the climate condition that is like abnormality, flood, revolution, tempestuous, civil war, political situation, war, economy, contraband, strike and other any od action that a contractor that has experience cannot foreknow make the project is interrupted or contract termination.
G) during guarantee, because owner makes with undeserved or other blame contractor responsibility causes damage, owner requirement contractor gives repair; Owner is in before checking and accept or before consign is used, do sth without authorization is used already was over or unfinished project, cause project damage.
2, basis of project claim for compensation of incident of any claim for compensation hold water, its premise condition is to must have reason of legitimate claim for compensation.
Claim for compensation must rational has according to, the fact wants clear, basis to want to perfect. Project claim for compensation must be a basis with the contract, the attention is collected in real work and gather the data that concerns with claim for compensation, the basis is with fact and data when accomplishing processing claim for compensation. Basis of project claim for compensation includes:
A) contract of file of invite public bidding, engineering and accessory, standard of all sorts of blueprint of the construction organization design that hair bag just approbates, project, change, visa, technology.
B) project correspondence of each conference summary, come-and-go, instruction, letter, announcement, answer.
C) daily of record of executive circumstance of construction plan, spot, construction, workaday annals, memorandum, the service portion number that blueprint change, tell sb one's real intentions records and date are recorded, the project concerns the photograph of construction place and kinescope to wait, report of report of acceptance of work and each technical appraisement.
D) project material is purchased, order goods, carry, enter the arena, check and accept, use the evidence that waits for a respect; The project stops power transmission, stop send water, road to debut close the date that waits for interference incident influence and the date that resume construction; Project spot climate is recorded, snow of the temperature of concerned weather, wind- driven, rain.
E) the file of cost of project of concerned influence of country, province, city, time limit for a project, regulation.
F) project material is purchased, order goods, carry, enter the arena, check and accept, use the evidence that waits for a respect; The amount of appropriate of money of project imprest, plan and date are recorded; Data of engineering treasurer business accounting other the material that concerns with the project.
3, after process of project claim for compensation occurs when incident of claim for compensation, the provision that Jia Yishuang just should concern a provision according to the contract is seasonable, reasonable the ground handles incident of claim for compensation. Should do well claim for compensation, should discover not only and grasp an opportunity, more important is to want to handle claim for compensation according to due process.
Our country builds regulation of engineering construction treaty wording: The regulation that Party A fails to press a contract is fulfilled each oneself obligation or produce mistake and the other condition that should assume responsibility by Party A, cause incur loss through delay of time limit for a project or pay a contract the other pecuniary loss of money paid for something purchased or received for something sold and Party B to Party B delay, party B can press following program to all alone to Party A with written form compensate:
A) inside the 28d after incident of claim for compensation happens, to engineer happening intent of claim for compensation informs;
B) inside the 28d after producing intent of claim for compensation to inform, put forward to compensate pecuniary loss and the report of claim for compensation that lengthen time limit for a project to reach concerned data to the engineer;
C) after the engineer reports in the claim for compensation that receives Party B to hand over and concerning a material, give answer within 28d, or requirement Party B complements further reason of claim for compensation and evidence;
D) the engineer reports in the claim for compensation that receives Party B to hand over and did not make further demand to Party B about data hind, regard this claim for compensation as to had been approbated;
E) when incident of this claim for compensation undertakes continuously, party B ought to level sex gives out intent of claim for compensation to the engineer, inside the 28d after cease of incident of claim for compensation, to the concerned data of engineer deliver claim for compensation and report of final claim for compensation. Program of answer of claim for compensation is Alexandrine C) , D) .
Party B fails to be fulfilled by contract agreement each oneself obligation or produce a mistake to cause a loss to Party A, party A also presses the time limit that each clause defines above to raise claim for compensation to Party B. After incident of claim for compensation happens, according to afore-mentioned programs, contract square must of grading prepare documents of following claim for compensation:
A) after intent of claim for compensation informs discovery of claim for compensation or the opportunity of claim for compensation that realize existence, contractor must react quickly, the first thing that should do wants the intent of claim for compensation oneself namely written announcement gives an engineer (or owner) . Intent announcement is indicating the beginning of a claim for compensation, beforehand to the engineer (or owner) intent of announcement claim for compensation, this is one of main demands that contractor wants to obtain compensatory to must be abided by not only, also be the best method of the consciousness of claim for compensation that contractor maintains good during whole contract is carried out. Hand over announcement of intent of claim for compensation to must be inside formulary time limit, exceed time limit, engineer and owner have authority to reject the demand of claim for compensation of contractor, even if requirement of reasonable claim for compensation, also be invalid.
Intent of claim for compensation informs, include normally the following the content of 4 respects: 1) the simple description of the time of incident happening and circumstance; 2) the clause of contract basis and reason; 3) concern follow-up material offer, include seasonable record and the trends that offer event development; 4) the serious degree of adverse to project cost and generation of time limit for a project effect, with period cause an engineer (or owner) attention.
B) the success of evidential data claim for compensation depends on greatly contractor explains to what claim for compensation makes and have strong proof stuff. Accordingly, it is very important that contractor intends the work in the data before putting forward claim for compensation formally to report, this is paid attention to with respect to requirement contractor record and gather the data that saves each respect (narrate like before 2) . These evidential data must as true, comprehensive, seasonable, associated as interference incident, have law to prove effectiveness.
C) report of claim for compensation of report of claim for compensation is contractor to the engineer (or owner) owner of referred a requirement gives certain economy (charge) compensation and the official report that lengthen time limit for a project, after the effect that contractor should produce to the project in incident of claim for compensation ends, in engineer of introversion of specified time limits (or owner) submit report of official claim for compensation.
Write report of claim for compensation to should note the following problems:
1) the main demand that claim for compensation reports: Above all, must show the contract basis of claim for compensation, be based on namely why to plant reason raises requirement of claim for compensation. One kind is according to the contract the clause sets, contractor is qualified be changed because of the contract or add additional job and obtain fee compensation and (or) lengthen time limit for a project; Another kind is any breach of contract set owner or its agent to cause a loss to contractor, contractor has authority to demand compensation. The 2nd, there must be the consideration of detailed and exact loss amount and time in report of claim for compensation. The 3rd, should prove external general affairs and loss between causal, show the associated sex of casuse and effect of claim for compensation, want to be a basis with the contract, explain owner break a contact or contract change and the inevitability that cause claim for compensation are contacted.
2) claim for compensation reports must accurate: Include responsibility analysis to answer among them clear, accurate, the computational basis that claim for compensation is worth wants correct, computation wants as a result accurate, expression wants mild and indirect and appropriate.
3) the form that claim for compensation reports and content: Should crisp, method is fair. Facilitating the other side is reached by the watch in, by shallow be read into deep ground and understand, the arrangement that notices forms of pair of report of claim for compensation and content also is very be necessary. Report of claim for compensation is written after ending, answer to refer an engineer in time to raise claim for compensation formally. After report of claim for compensation is referred, contractor cannot passivity awaits, should lie between proper time to know the case that claim for compensation handles actively to the other side, because of owner (or engineer) those who carry pair of reports is careful read examine, can undertake contradictory to unreasonable claim for compensation or raise question, at this moment the preparation that contractor should make data field further according to raising a question, or provide additional data, handle claim for compensation to offer help, support and cooperation for the engineer as far as possible.
4, after incident of claim for compensation of computation of charge of project claim for compensation happens, how to calculate correctly the loss that claim for compensation causes to contractor, direct drag in arrives the interest of contractor.
Charge of project claim for compensation included construction to contract what set in the contract is all but cost of claim for compensation, specific what charge can get compensating, must decide through concrete analysis. To the claim for compensation that different account causes, the specific content of its charge differs somewhat, some can include claim for compensation charge, some cannot include, this is the working range that major undertakes cost and contract management must be familiar with, must be aimed at specific issue concrete analysis, agile treat.
