How to calculate the mechanical stagnation fee when making a construction claim

Nest workerFee = stagnation fee of on-site construction machinery during the nest period + wages of on-site workers + maintenance of turnover materialsAmortization expense。And the labor cost should be calculated in the claim.

The cost of the loss of the stoppage refers to the cost of the loss of the stoppage after the contractor enters the site in accordance with the provisions of the contract or the terms agreed by both parties, if the loss of the nest is caused by the design or the responsibility of the employer, the employer shall be responsible. Therefore, the labor cost should be calculated within the scope of the claim.

The stagnation fee for on-site construction machinery during the shutdown period is based on a fixed amount of mechanical shifts.

The stagnation fee is multiplied by the number of stagnation shifts.

The wages of on-site workers are multiplied by the total number of days worked by the unit price per working day, and then the total wages of the workers who have been suspended.

30% as a management fee. Among them, the number of stalled shifts and the total number of days of workers who have stopped working should be deducted from statutory holidays and holidays.

The cost of downtime loss of circulating materials can be settled on a case-by-case basis.

After the sum of the loss of work stoppage calculated in accordance with the above provisions, only tax will be calculated.

Contract Law of the People's Republic of China.

There are clear provisions, which stipulate the following and serve as the legal basis for the compensation of the nest workers:

Article 278 Concealed works.

Before concealment, the contractor shall notify the employer to inspect it. If the employer fails to inspect in a timely manner, the contractor may postpone the date of the project and has the right to claim compensation for losses such as work stoppage and nest work. ”

Article 283 Where the employer fails to provide raw materials, equipment, site, funds, and technical materials in accordance with the agreed time and requirements, the contractor may postpone the date of the project and has the right to demand compensation for losses such as stoppage of work or nest work. ”

It can take several forms such as mechanical shift fee, mechanical depreciation fee, equipment rental fee, etc. When the equipment cost is claimed due to the increase in the work content, the standard of the equipment cost is calculated according to the mechanical shift fee. When the construction machinery belongs to the enterprise, the claim cost shall be calculated according to the depreciation cost of the machinery; When the construction machinery is leased from an external construction enterprise, the standard of claim costs is calculated according to the equipment rental fee.

Legal analysis: The stagnation fee refers to the expenses incurred when the machinery on the construction site is stalled due to the reasons of the non-construction unit. The fee is calculated by the following formula:

Mechanical shift stagnation fee = depreciation cost of the shift + labor cost + other costs of the shift.

However, the following cases shall not be counted:

1.This is otherwise agreed in the contract between the parties;

2.mechanical stagnation caused by the construction unit's own reasons; 3.The reasonable stagnation and chaos of the beam stipulated in the construction organization design, 4According to the construction organization design or contract, the stagnation that occurs because the project cannot be transferred to the next project construction immediately after the completion of the project;

5.stagnation of mechanical migration;

6.Statutory programmes and stagnation of the winter rainy season due to natural weather influences. During the calculation, it should be noted that:

1.If the personnel on board are not at the construction site or do other work during the stagnation period, they cannot pay for labor on the computer;

2.The annual stagnation shift shall not exceed the number of annual shifts of the construction machinery;

3.If it is stagnant for a long time, it cannot exceed the present value of the equipment when the construction machinery begins to stagnate.

Legal basis: "Regulations on the Supervision of Engineering Construction" Article 18 The supervision of the hole unit is one of the main bodies of the construction market, and the construction supervision is a highly intelligent paid technical service.

The contractual relationship between the supervision unit and the project legal person is that of the entrustment and the entrustment; The relationship between the supervised unit and the supervised is that of the superintendent and the supervised.

The supervision unit shall be in accordance with"Impartiality, independence and autonomy"The principle of carrying out engineering construction supervision work and fairly safeguarding the legitimate rights and interests of the project legal person and the supervised unit.

Summary. Hello dear. The legal provisions for mechanical stagnation claims:

1.Liability for breach of contract: If the stagnation of machinery is caused by the responsibility of the first merchant or manufacturer, you can claim liability for breach of contract and claim liquidated damages or other compensation.

2.Unjust enrichment: If the stagnation of machinery makes it impossible for the buyer to continue production or service, resulting in profits or other economic losses, the buyer or manufacturer can claim the liability for unjust enrichment and claim compensation for the corresponding economic losses.

3.Warranty liability: If the merchant or manufacturer has a clause in the contract to provide a guarantee or guarantee, it can claim warranty liability and claim for guarantee fees or other compensation.

It should be noted that sufficient evidence needs to be provided when making a claim, including but not limited to contracts, agreements, transaction records, causes and consequences of mechanical stagnation, etc., in order to prove the liability of the other party and the amount of compensation.

Hello dear. The legal provisions for mechanical stagnation claims:1

Liability for breach of contract: If the stagnation of machinery is caused by the responsibility of the first merchant or manufacturer, you can claim liability for breach of contract and claim liquidated damages or other compensation for the destruction of the base. 2.

Unjust enrichment: If the stagnation of machinery makes it impossible for the buyer to continue production or service, resulting in profits or other economic losses, the buyer can claim the liability for unjust enrichment and claim compensation for the corresponding economic losses. 3.

Warranty liability: If the merchant or manufacturer has a clause in the contract to provide a guarantee or guarantee, it can claim warranty liability and claim for guarantee fees or other compensation. It should be noted that sufficient evidence needs to be provided at the time of claim, including but not limited to contracts, agreements, transaction records, causes and consequences of mechanical stagnation, etc., in order to prove the liability and compensation amount of the other party.

Legal basis: Article 803 of the Civil Code of the People's Republic of China [Liability for breach of contract if the employer fails to provide relevant materials at the agreed time and requirements] If the employer fails to provide raw materials, equipment, sites, funds and technical materials in accordance with the agreed time and requirements, the contractor may postpone the project date and have the right to claim compensation for losses such as work stoppage and nest work. Article 804 of the Civil Code of the People's Republic of China [The Contractor shall be liable for the suspension of the construction of the project or the delay in the construction of the shed due to the reasons of the employer] If the construction of the project is suspended or delayed due to the reasons of the contractor, the employer shall take measures to make up for or reduce the losses, and compensate the contractor for the losses and actual expenses caused by the suspension of work, nesting, relocation, relocation of machinery and equipment, backlog of materials and components, etc.

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