How many days to declare construction works and practical claims to the superintendent

1) Notice of intent to make a claim.

Within 28 days of the occurrence of the claim event, a notice of intent to claim is sent to the supervising engineer. During the implementation of the contract, where does not belong.

Within 28 days of the contractor's liability causing project delays and cost increases, the supervising works must be notified by formal letter.

Division, declare that it claims compensation for this incident, while still continuing the construction in accordance with the instructions of the supervising engineer, and when it is overdue, the superintendent.

The engineer has the right to reject the contractor's claim.

2) Submit a claim application report and relevant materials.

After issuing the notice of intent to make a claim, the contractor shall prepare the evidence of the claim as soon as possible, including the cause of the incident and its rights.

Information on the impact, the basis for the claim, and other calculations of the amount of the claim and the extension of time requested for the impact of the event.

and submit the claim application report and related information to the supervising engineer within 28 days.

3) Review the claim application.

After receiving the claim report and relevant information from the contractor, the supervising engineer shall reply or request within 28 days.

The contractor further supplemented the reasons and evidence for the claim. The supervising engineer did not reply or make further progress to the contractor within 28 days.

step to claim the claim deemed to have been accepted.

4) Ongoing Claims.

When the claim event continues, the contractor shall issue a notice of intention to claim to the supervising engineer in stages, and submit the relevant information and final claim report to the supervising engineer within 28 days after the end of the claim event.

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In the construction industry, the relationship between the construction unit, the supervision unit and the construction unit and the claims involved are more complex. Claims usually occur during the performance of the contract, and the other party to the contract can file a claim against the other party when the contract fails to perform its contractual obligations or the socks suffer losses due to force majeure.

The main body of the claim mainly includes the construction unit, the construction unit and the supervision unit. The following is a breakdown of the various claims:

1.Claims from the construction unit to the supervision unit: During the construction process, the construction unit may file a claim against the supervision unit due to project quality problems, project progress problems, contract changes, construction delays, etc.

This type of claim usually involves losses in terms of construction costs, labor costs, material costs, etc.

2.Claim from the construction unit to the construction unit: After the completion of the project, if the construction unit fails to complete the project in accordance with the quality standards agreed in the contract, or there are other breaches of contract, the construction unit may file a claim against the construction unit.

This type of claim usually involves construction costs, liquidated damages, loss compensation, etc.

3.Claim from the supervision unit to the construction unit: During the construction process, if the supervision unit finds that the construction unit has illegal operations, project quality problems, etc., it can require the construction unit to bear the corresponding responsibilities according to the contract and file a claim with it.

In specific cases, the subject of the claim may vary depending on the contract, the nature of the project and other factors. When dealing with claims, the parties shall follow the contract, respect the facts, and negotiate and deal with them fairly and reasonably.

Legal Analysis: The claim for supervision fees after the extension of the project is as follows:

1. If there is a relevant agreement in the contract, compensation can be made according to the agreement of the contract;

2. If there is no agreement in the contract, the supervision fee can be negotiated;

3. If no agreement can be reached through consultation, a lawsuit may be filed in the people's court in accordance with law.

Legal basis. Article 32 of the Construction Law of the People's Republic of China shall supervise the construction project on behalf of the contractor in terms of construction quality, construction period and use of construction funds in accordance with laws, administrative regulations and relevant technical standards, design documents and construction scale contracts. If the project supervisor believes that the construction of the project does not meet the requirements of the engineering design, the construction technical standards and the contract, he has the right to require the construction company to make corrections.

If the project supervisor finds that the engineering design does not meet the quality standards of the construction project or the quality requirements agreed in the contract, he shall report to the construction unit and request the design unit to make corrections. Article 36 of the Regulations on the Quality Management of Construction Projects shall be in accordance with laws, regulations and relevant technical standards, design documents and construction contracts, on behalf of the construction unit to supervise the construction quality, and assume supervision responsibility for the construction quality.

Legal basis: Article 32 of the Construction Law shall supervise the contractor on behalf of the construction unit in terms of construction quality, construction period and use of construction funds in accordance with the laws, administrative regulations and relevant technical standards, design documents and construction scale contracts. If the project supervisor believes that the construction of the project does not meet the requirements of the engineering design, the construction technical standards and the contract, he has the right to require the construction enterprise to make corrections.

If the project supervisor finds that the engineering design does not meet the quality standards of the construction project or the quality requirements agreed in the contract, he shall report to the construction unit and request the design unit to make corrections.

The supervising engineer shall review the claim report as follows.

1) The supervising engineer reviews the claim application of the construction unit. After receiving the notice of intention to claim from the construction unit, the supervising engineer should establish his own claim file, pay close attention to the impact of the incident, check the contemporaneous records of the construction unit, and put forward his disagreement with the content of the record or the record items that he hopes should be added.

After receiving the formal claim report, carefully study the claim materials submitted by the construction unit. First of all, in the case of uncertainty about the attribution of responsibility, objectively analyze the cause of the incident, review the relevant terms of the contract, study the evidence of the construction unit's claim, and consult his contemporaneous records. Through the analysis of the incident, the supervising engineer then draws the line of responsibility according to the terms of the contract, and if necessary, the construction unit can also be required to provide further supplementary information.

In particular, for the impact of events for which both the construction unit and the construction unit or the supervising engineer are responsible, the proportion of contractual liability that each party should bear should be delineated. Finally, the claim for compensation submitted by the construction unit is reviewed, the reasonable part is excluded, and the reasonable claim amount and the number of days of extension of the construction period are formulated.

2) The conditions for the establishment of the claim, according to the terms and conditions of the contract that involve the reasons for the claim, it can be summarized that the conditions for the supervising engineer to determine the establishment of the claim of the construction unit are:

In contrast to the contract, the event has caused additional expenditure on the construction unit cost, or a direct loss of construction time;

The reasons for the increase in costs or the loss of the construction period shall not yield to the behavior responsibility or risk responsibility that the construction unit should bear according to the contract;

In accordance with the procedures stipulated in the contract, the construction unit submitted a notice of intention to claim and a claim report.

There is no priority or priority for the above three conditions, and they should be met at the same time. Only after the supervising engineer determines that the claim is established, it will be handled according to certain procedures.

Legal basis.

Regulations on the Administration of Work Safety in Construction Projects

14th engineering supervision unit shall review the construction organization design of the safety technical measures or special construction plan in line with the mandatory standards for engineering construction.

In the process of implementing supervision, the project supervision unit finds that there is a hidden danger of safety accidents, and the construction unit shall be required to rectify; If the situation is serious, the construction unit shall be required to temporarily stop the construction and report to the construction unit in a timely manner. If the construction unit refuses to rectify or does not stop the construction, the project supervision unit shall report to the relevant competent department in a timely manner.

The project supervision unit and the supervising engineer shall be in accordance with the laws, regulations and mandatory standards for the implementation of supervision, and the construction project safety production supervision responsibility.

Hello Dear Hello When the contractor submits a construction claim and expense claim, how should it be dealt with as a supervising engineerUnder normal circumstances, the project claim refers to a claim that the contractor requires the employer to compensate for the loss of the project delay and cost increase caused by non-own reasons during the implementation of the contract, which can be called the contractor's construction claim (referred to as the construction claim). The employer's claim for compensation against the contractor for the losses caused by the contractor's liability is called the employer's counterclaim (hereinafter referred to as the counterclaim). 1. The employer fails to provide the contractor with the construction site and create construction conditions according to the time and requirements agreed in the contract.

2. Engineering design changes. 3. The employer fails to pay the advance payment or progress payment to the contractor as agreed in the contract. 4. The employer fails to provide the contractor with materials and equipment as agreed in the contract.

5. Work efficiency is reduced due to construction interruption or work error of the employer. 6. Unfavorable natural conditions or man-made obstacles increase the difficulty of construction, resulting in the contractor having to spend more time and expenses. 7. The construction period is extended or delayed.

8. The project is terminated or abandoned due to reasons not attributable to the contractor. 9. Claims arising from price **. 10. Currency depreciation leading to claims.

11. Claims arising from other factors.

Summary. The law does not specify the obligation of the supervision unit to remind, but in practice, it is also necessary to see whether the contract between the supervision unit and the developer has an agreement on the obligation to remind, and if there is an agreement, it is best to remind the construction unit to make a claim.

If the construction unit does not claim compensation within the claim period, should the supervision unit remind it?

The law does not specify the obligation of the supervision unit to remind, but in practice, it is also good to see whether the contract between the supervision unit and the developer has an agreement on the obligation to remind the letter, and if there is an agreement, it is best to remind the bridge Xun construction unit to claim compensation.

Personally, it is best to remind the construction unit regardless of whether there is an agreement or not.

Okay, thank you, teacher!