How to write the implementation steps of the construction claim management study of the engineering

The basic procedures of engineering claims include making claims, submitting claim materials and claim reports, negotiating and resolving claim issues, mediation, and litigation. (1) Filing a claim When a claim occurs, the claimant shall formally issue a notice of claim by written letter within 28 days after the occurrence of the claim, stating the right to claim compensation. If the report is overdue, the claim may be denied.

2) Submission of Claim Materials and Claim ReportAfter the claim is formally submitted, the claimant shall seize the time to prepare the claim materials, prepare the claim report, and formally submit the claim report within the next 28 days. If the report is overdue, the claim may be denied. (3) Negotiation to settle the claim problemNegotiation refers to the settlement of the claim problem arising in the project through friendly negotiation in accordance with the contract documents of the Gongqing Cover Project on the basis of voluntariness and mutual understanding, so it is also called negotiation negotiation.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. (4) MediationWhen the two parties cannot resolve the claim through friendly negotiation, they may request the relevant departments to mediate in accordance with the provisions of the special terms of the construction contract. (5) In the event that the parties fail to settle and there is no arbitration agreement, one of the parties may file a lawsuit with a court of competent jurisdiction

What is a construction claim: An engineering claim refers to a request for economic compensation and/or time compensation from the other party for the actual loss caused by the situation that is not its own fault but should be borne by the other party during the performance of the contract. Claims are a normal phenomenon that often occurs in engineering contracting.

Due to the changes in construction site conditions, climatic conditions, changes in construction progress and prices, as well as changes, discrepancies and delays in contract terms, specifications, standard documents and construction drawings, it is inevitable that claims will arise in project contracting. ”?In summary, the procedure for engineering claims:

1. The contractor submits a letter of intent to make a claim. 2. The contractor continues the construction while preparing the claim materials. 3. Submit claim documents.

4. The engineer reviews the claim documents. 5. The engineer makes a treatment decision. 6. The owner reviews the claim processing.

7. Whether the contractor accepts the final claim processing decision. Procedures and steps can be followed and compensation can be claimed. Pay attention to the claim time and avoid overdue

Legal basis: Article 803 of the Civil Code of the People's Republic of China If the employer fails to provide raw materials, equipment, venues, 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 the loss of work stoppage and nest work. Article 804 Where the construction of a project is suspended or delayed in the course of the project due to reasons attributable to the employer, 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, the relocation of machinery and equipment, and the backlog of materials and components.

A claim is a claim for economic and/or time compensation from the other party for the actual losses caused by the circumstances that should be borne by the other party in accordance with the laws, regulations, and contract rules during the implementation of the contract. Claims are a common phenomenon in the construction process, due to changes in construction environmental conditions, climatic conditions, changes in construction progress, prices, as well as changes in contract terms, specifications, standard documents and construction drawings, delays and other factors, making it inevitable that there will be claims in project contracting. So how to do a good job in the claim management of the construction project, the following Zhongda Consulting will give you a brief introduction.

1. Signing the contract is the prerequisite for a successful claim.

When signing the contract, the construction enterprise should consider various unfavorable factors to create opportunities for Xunyou to claim compensation when the contract is performed. The first is to try to claim the opportunity to ambush for your side; Second, the bidding promise must leave a chance for the claim. For contracts that do not have the opportunity to make claims, it is necessary to carefully review the contract risks, otherwise, the question of whether to sign a contract should be considered.

2. Research contracts to find opportunities for claims.

Conduct a complete, comprehensive and detailed analysis of the construction contract, understand the rights and obligations of both parties agreed in the contract through research, ** contract risks, and analyze the possibility of making contract claims, so as to adopt the most effective contract management strategy and claim strategy. The study of the contract should run through the whole process of contract performance, and at the same time, it should be analyzed and studied in combination with the imbalance at the time of bidding and the actual situation of the project construction site, combined with laws and regulations.

3. Strengthening contract management is the key link to capture the opportunity of claims.

The contract is the basis of the claim, and the claim is a continuation of the contract administration. The construction of a construction project, from the signing of the contract to the termination of the contract, is a long process, and in the process, the interests of the contractor will be affected due to natural conditions, national policies, force majeure and other reasons, and claims should be filed.

4. Learn scientific claim methods, and rigorous claim reporting is the key to the success of the claim.

The contractor must be familiar with the claim business, pay attention to the strategy and method of claim, and file the claim in strict accordance with the procedures and requirements stipulated in the contract. The claim report should be objective and truthful, and the information should be complete. It is necessary to ensure that the claim is true; Responsibilities must be clearly and accurately; Emphasizing the suddenness of the event, an experienced contractor cannot ** and prevent.

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