UNIT 15 CONSTRUCTION CLAIM
In international construction contracting, the contractor often makes claims against the owner for a variety of reasons, among which are different understanding of the contract documents, delay by the owner in issuing drawings and instructions, differing site conditions and events of force majeure.
1. Claim regarding the Acces Road
(After the Owner receives a claim regarding the access road from the Contractor, the Owner’s reprentative, Mr. Suknandan, together with his consultant, Mr. Shaw, calls a meeting. The Contractor’s project manager, Mr. Bian, and his assistant, Mr. Zhang, attend the meeting.)
Bian: Have you read the letter which we nt to you yesterday?
Suk: Yes, we’re here today just to give our position on the subject noted in your letter.
Bian: We’d like to have your views.
Suk: We believe that the access road provided to you is in compliance with the Contract and there’s no reason for you to claim additional costs
and an extension of time in this respect.
Bian: May I refer you to Clau 14 in the Conditions of Contract? It specifies, expressly, that the access road shall be made available free
of charge to the Contractor and its subcontractors.
Suk: Yes, that’s right. But constraction of the access road to the project site was completed and you took it over on March 15, 1992. This
means that it has been available to you ever since.
Zhang: Before we took over the road, we informed you that some ctions of the road were not up to the standard specified in the Contract. We
asked you to do some enhancement work and yet we haven’t en
any respon. As a result, we have had to expend a lot of effort to aid
the transit of bult cement and heavy-duty equipment through the
trouble spots along the access road. Therefore, we don’t think that the
access road is made “available” free of charge to us, as the aid of
transit cost us not only additional money but also many working hours.
This position was made clear to you in our Letter No. C-9214. Shaw: In our understanding, the intent of the Contract by using the term “available”, is that the Owner provides general site access for the
Contractor. As a matter of fact, you’ve been using this road for veral
啥时候情人节months.
Bian: When we talk of the term “availabel” under this contract, and so far as such a hydro project is concerned, it should be interpreted that the
北京航空航天大学录取分数线road is passable for the purpo of executing this project under
normal conditions, including transport of all materials and heavy-duty
equipment. That’s recognized internationally. The fact is that the
vehicles which carry cement and equipment are always impeded at
some spots along the road, as Mr. Zhang said just now.
Suk: We are aware of the effort and time you have expended. However, the effort and time incurred are not unusual for a project of this size,
nature and location. Anyway, we are prepared to grant you an
extension of 7 days as a package compensation but reject your cost
request. This is the best solution we can offer.
Bian: Although a 7 days’ compensation is less than our acture loss, we accept your solution and withdraw our cost claim on condition that the
road must be maintained regularly and the two difficult ctions be
repaired at once.
如何设置页边距Suk: That’s at Hill No. 4 and Hill No. 5, I suppo?
Zhang: That’s right.
Bian: (After discussing with Mr. Shaw) All right. We improve the condition of the whole road and lower the relevant elevations as per your request
as soon as possible.
2. Claim in respect of Floods
(After letters and veral lengthy discussions related to the claim for floods which occurred recently, no agreement has been reached between the site management of the Owner and that of the Contractor. As arranged, the Owner and the Contractor nd their respective vicepresidents, Mr. Flagg and Mr. Guan, to the project to engage in a direct negotiation, to try to resolve the issue.)
Flagg: It’s been almost a year since I saw you last in Beijing, Mr. Guan. How have you been?
Guan: Pretty busy. Our company has won many contracts all over the world in the past yeat and I have flying around to e how the projects are
progressing. What about you, Mr. Flagg?
Flagg: Busy, just like you. Yet I have been thinking of going to Beijing again.
(Half jokingly) I miss Beijing Roast Duck. OK, coming to our subject
today, I hope we can work together to find a solution that is
acceptable to both sides.
Guan: To be frank with you, we are quite upt by your respon. We’ve really suffered a lot becau of the two floods experienced on June
12th and 24th---as you can e from our contemporary records and
claim calculations. I am afraid that it our claim can’t ve honoured, it will
probably jeopardize the smooth progress of this project.
Flagg: I had studied all the correspondence regarding your request for cost reimburment and schedule extension before I came here. It is a fact
that you suffered a loss becau of the high water levels; it is also a
fact that the loss is partly due to your inappropriate site activities. I
regret what happened. However, you’re asking too much.
Guan: I do think that our request for the cost and time reimburment is a
reasonable one. Anyway, what is your suggestion?
Flagg: Let me talk straight. We allow you two-month schedule extension and
柠檬简笔画
a total sum of US$100,000 as compensation for all of your loss.
This proposal reprents our final offer. I believe it is fair and
equitable.
Guan: Thank you for your proposal, Mr. Flagg. A two-month schedule extension is acceptable to us; but the cost compensation is far less
than the amount claimed, which is bad strictly on our actual loss. Flagg: Mr. Guan, I have to say we have done our best. To ttle this claim, both sides have to make concessions.
欢快拼音Guan: I admit that you have moved a step forward but too small. We have been hoping to have a good working relationship with you. We have
been hoping to deliver a successful project to you. We also hope to be
rewarded fairly and reasonably. We could, if necessary, pursue this
claim by way of arbitration.
Flagg: Well, let me suggest at this point that we increa the compersation to US$150,000. This proposal really does reprent our final offer. If the
offer is not acceptable to you, we have no choice but to refer the
matter to arbitration.
Guan: In the spirit of mutual understanding and our future cooperation. We’ll take it, though this amount is far from enough to cover our loss. Flagg: I support your call for mutual understanding and cooperation. I’ll draft today’s agreement as an addendum to the Contract and forward it to
you for your review and signature.
Guan: Thank you. Your personal prence enabled us to ttle this matter.
荣的组词
Your cooperation is highly appreciated.
Flagg: With 14 more months available, I believe you have the competence to complete the whole project successfully.
Guan: I also have full confidence that we’ll succeed, with your cooperation and assistance. At that time, I’ll invite you to go to Beijing again. Flagg: For what?
Guan: Beijing Roast Duck!
WORDS AND EXPRESSIONS
international construction contracting国际建筑工程承包
make claim against向…进行索赔
a variety of 各种各样，许多
differing site condintions变化的现场条件，不同的现场条件events of force majeure不可抗力事件
call a meeting召开一个会议
position立场
in compliance with依照
in this respect在这方面
expressly明确地
ever since从那以后
be not up to the standard没有达到标准
aid the transit协助运送
in our understanding按我们的理解
passable可通行的
under normal conditions在正常的条件下
impede阻碍
cover all our loss弥补我们的全部损失
on condition that条件是，以…为条件
maintain regularly定期维护
说笑了lengthy discussion漫长的商谈
vice-president副总裁，副总经理
engage in a direct negotiation进行直接的谈判
resolve the issue解决问题
Beijing Roast Duck北京烤鸭
go through many difficulties经历许多困难
be upt感到失望
contemporary records同期纪录
claim calculations索赔计算书
honour the claim理赔
jeopardize危害，危及
correspondence来往函件
cost reimburment费用补偿
fair and equitable公平合理的
the amount claimed索赔的金额
actual loss实际损失
by way of arbitration以仲裁方式
in the spirit of 本着…精神
addendum to the Contract合同补遗
have full confidence完全有信心
NOTES TO THE TEXT
1. the subject noted in your letter: 你方信中所提出的问题。Subject在合同管
理中往往指“主体”或“涉及的主要内容”。
2. trouble spots: 这里指“容易出事的地点”。
3. That’s recognized internationally. : 这为国际上所公认。Recognized治理意
思是“认可”或“达成共识”的。怎么办医保
4. Anyway, we’re prepared to grant you an exrension of 7 days…: 尽管如此，
我们愿意给予你们七天的延期…。为一固定词组，意思是“愿意做某事”或“准备好做某事”。
5. a package compensation: 一揽子补偿。
6. let’s talk straight. : 咱们有话直说吧。这句话在谈判中常表示说话人想“诚
恳地及快速地解决所谈的问题”。
7. …but the compensation is far less than the amount claimed…: 但这笔补偿
远远低于我们的索赔的金额…far less than: 远远少于，far在这里是副词，表示比较，如：far better（好得多），far too busy（忙得很），far different（大相径庭）。
8. move a step forward: 向前迈进了一步。这里指对方做出了一定的让步。
9. pursue the claim: 进行索赔，继续索赔。Pursue这里是“进行”，“实施”
的意思。
10. If the offer is not acceptable to you, we have no choice but to refer the
matter to arbitration. : 如果这个建议您不接受的话，我们只好将此问题提交仲裁。句中的refer the matter to arbitration意思是“讲问题提交仲裁”，have no choice but to do sth.意思是“除做某事之外别无选择”。
11. …thought this amount is far from enough to cover our loss. : 虽然这笔
金额远不能弥补我们的损失。far from后面接形容词，常表示“某事与期望或本应该出现的情况相反”。例如：Far from speeding up, the contractor reduced the progress.
（承包商不但没有加速，反而降低了进度。）
The quality of the works is far from satisfactory.
（工程的质量远不能令人满意。）
EXERCISES
1. In the argument of whether the access road has been made available or
not, Mr. Zhang says, “Therefore, we don’t think that the access road is available.”（因而，进厂道路不能被使用。）“We don’t think (that) …”is a colloquial expression, meaning “我们认为…不（没有）…”。
Now, you try doing the following:
1) A: We have made a 10% deduction from the total amount as the
repayment of the advance money this month.
B: 我们认为你们无权这样做。
(We don’t think that you have the right to do so.)
2) A: I have to say that you must accelerate the construction progress.
B: 如果考虑到你们按合同应给予我们的合理延期，我们认为我们的进度没有落后于计划。
(We don’t think that our progress is behind schedule, talking into account a reasonable extension of time you should grant us according to the contract.)
3) A: We plan to pour the concrete this afternoon.
B: 我们认为在这样高的温度下不能浇筑。
(We don’t think that you can do that when the temperature is so high.)
2. Also in the argument, Mr. Shaw says, “…As a matter of fact, you’ve been
using this access road for veral months.”（事实上，你们已经使用这条进场道路几个月了。）“As a matter of fact”is a t phra usually ud to introduce some information, especially more preci information, meaning “事实上”，“确切地说”。
Now, you try doing the following:
1) A: I don’t remember whether I have issued such an oral instruction.
