外文文献
The study of contractor’s time claim and cost claim
ABSTRACT
This thesis talks from the influence of time claim, cost claim and the main profits of contractor’s time claim and cost claim. Studying contractor’s major goal of claim—time and cost, their relationships, the fundamental purpo of contractor’s time claim is to get compensation cost, this thesis taking a starting point find their interconversion. Acceleration claim can do their interconversion and analyze acceleration claim’s classification and cost structure, Contractor can make a reasonable decision-making about time claim and cost claim by the contract and their actual condition to maximize their gains.
Keywords:FIDIC Time claim Cost claim Acceleration claim Decision-making of claim
I. INTRODUCTION
International engineering claim is the central part of international project contract management. Claim, in the broad n, refers to the rational re-allocation process for the responsibility born by both sides
of the contract. The both sides of the contract are entitled to claim. The level of claims of the contractors marks how the enterpri is doing in its management. As to the contractor and according to the aim of the claim, the claim is subdivided into time claim and cost claim. In the cour of construction, the contractor may interchange time claim and cost claim within a reasonable range and then get the most benefit. This article is bad on the FIDIC1999 edition of “Condition of Contract for Construction”.
II. CLASSIFICATION OF INTERFERENCE
In construction, contractors may claim for interference ca can be divided into the following three categories: the first ca will not only result in the extension period will result in incread costs. Such incidents include engineering change and so on, generally speaking, in most ca will
cau interference to extend the time and cost increas. The cond type will only result in cost increas, and will not affect the project; such ca is mainly to accelerate the construction and material prices adjust. The third type will only result in the extension period, and will not lead to cost increas, such incidents are some of the main ca of force majeure, when contractors and employers were to bear the duty and cost of construction, the contractor should not rai the cost of claims. As shown in table I.
烟花碎
As can be en from the classification of interference, if the contractor is carrying out the claim, he should take both the time claim and cost claim into consideration. That is he should convert both the events that affect both the time and cost and tho that affect only the time into the events of claim t
hat only affect the event. From the list of the events that affect only the cost, it can be en that acceleration claim may convert the events that affect only the time into tho that affect only the cost.
III. ACCELERATION CLAIM
When a contractor is acceleration claim, he needs to provide the main evidence, including documentary evidence and expert testimony. Compared to the general construction claims, the contractor must not only provide the evidence for the existence of construction claim, he should also explain in the evidence that the cost for speeding up the construction is reasonable. The employers will hardly believe the if the contractor only provides the evidences for low efficiency due to the related problems. As a result, the judge or arbitrator will hardly adopt them in arbitration
or litigation. At this time, the contractor must hire experts to analyze this type of claim and to provide expert testimony. In addition, through carrying out speeding up construction claim, the contractor should firstly distinguish between direct claim and presumption claim.
A.Directly acceleration claim
养猫的坏处
Acceleration claim directly is the order from one side of the contract to the other in order to complete the project beforehand, which is generally clear in the contract. For example, the contract provides that the employers have the right to change the project and adjust the construction period, which entitles the employer to speed up the contractor’s project. Employers can ask the contractors to speed up the construction in order to avoid delaying adver construction ason and to obtain low-cost raw materials when the price is going up. When a contractor is carrying out the claim for directly speeding up the construction, it is necessary to provide the following evidence:
●The employer issues a written contact of changed orders
●Contractors take reasonable measures to accelerate the realization of construction
勾股定理公式大全
●Speeding up the construction has taken place
●Contractors bear additional loss
B.inferable speeding up construction claim
Inferable speeding up construction claim means that the contractor has reasonable grounds for the extension period, but the employer demands that he should complete the initial construction project
on time. In other words, when the employer refus to forgive the contractor’s delay in the project, the contractor is forced to complete the project on schedule and there is inferable speeding up construction claim on the part of the contractor. For example, the Olympic Games related projects that have been scheduled must be completed as planned. Without the consideration of period claim, inferable speeding up construction claim can be calculated as an important measure for additional cost compensation. The following evidences can be taken into consideration:
●In the construction process, the delay in construction can be forgiven
反复造句●Employers know in time that the project can be forgiven for the existence of the claim
period, and receive a notice on extending the project
●Employers reject the delay request from contractors
●A ccording to the employer’s instruction or order, the contractor can reasonably develop the
project of the employer on condition that the period is stable, or he can take it for granted that the employer has invested more resources in order to restore the project
●T he contractor’s efforts in speeding up the construction result in additional cost
C.The constitution of costs for acceleration claim
The cost for speeding up the construction is due to the contractor’s completing the project ahead of schedule. Generally speaking, the contractor can speed up the construction costs of the
following claims:
●Increa costs for raw material: the rapid transport of raw material will increa the
additional costs
大伾山●Inefficient u of labor: becau of much more employment than originally planned, some
work needs to be rescheduled, needs more time or can not live up to the planned conditions
●Additional equipment cost: some more equipment are needed for speeding up construction,
秋夜曲王维at the same time, a similar device to work independently need more work than the maintenance cost
●Management fee at the scene: when the work is speeding, more people for management are
needed, which will linearly or non-linearly increa the cost of on-site management
●Sub: to achieve the purpo of speeding up the construction, some of the work may be
distributed at a price beyond the constructor’s expectation
植树节的英语
●Headquarters management fee: to speed up the construction, more and more people are
needed for the headquarters to rve the project
●Sub-contractor’s claim: sub-contractors often have to follow to join to speed up
亲姐弟construction, and they may accordingly make claims
IV. POLICIES FOR CONTRACTOR’S CLAIM
By the above description of the content we can draw the following conclusions, the contractor can change time claim into cost claim by the method of accelerator construction. So contractor’s major goal of claim—time and cost, it can be t up a logical relationship. Contractor can make a reasonable decision-making about time claim and cost claim by the contract and their actual condition to maximize their gains.
A.The main benefits for the contractor’s cost claim
Claim cost is the cost of compensation; contractor can make the other benefits by claim cost. “Successful on low-cost, profit by the Claim” is the conclusion of contractor. The main benefits for the contractor’s cost claim are showed in the table II.
As can be en from the table, the contractor's claim can include non-contractors caud by the possible additional costs; this means that the contractor benefits of cost claims may contain the time claims and acceleration Claim. Therefore, under certain conditions put into the cost of construction Claim is also in line with the fundamental interests of the contractor.
B. The main benefits for the contractor’s time claim
The goal of time claim is extended period, and the result of time claim is make money or reduce loss. In practical engineering project Successful time Claim can make money of extended period, the main benefits for the contractor’s time claim are showed in the table III.
C. The main benefits for the contractor’s acceleration claim
The contractor to accelerate construction claim objective is to obtain compensation for extra costs to be incurred, the result is to reduce the delay
time. Therefore be able to speed up the construction of partial or full exemption from the contractor's delay responsibility for damage. The main benefits for the contractor’s acceleration claim are showed in the table IV .
