20 18 supervision engineer's "case analysis" simulation (4)
A construction unit (Party B) and a construction unit (Party A) signed a dynamic compaction treatment project for the foundation of an industrial building, including earthwork excavation, forced filling, spot tamping and full tamping. Because the quantity of work cannot be accurately determined, it is priced according to the construction contract and construction drawing budget. Party B must carry out the construction in strict accordance with the contents and technical requirements stipulated in the construction drawings and construction contracts, and the supervision engineer shall be responsible for measuring the quantities. According to the contract characteristics of this project, the key points of engineering quantity measurement and project payment procedure proposed by the supervision engineer are as follows:
(1) Party B shall apply to the supervision engineer for quality certification within 7 days of the completed subdivisional work, and apply to the supervision engineer for measurement report after obtaining the quality certification;
(2) The supervision engineer shall verify the completed quantities within 7 days after receiving the report, and notify Party B 24 hours before the measurement, and Party B shall provide convenient conditions for the measurement and send people to attend; If Party B does not participate in the measurement, the supervision engineer shall measure it by himself according to the specified measurement method, and the measurement result is valid; After the measurement, the supervision engineer issues the measurement certificate;
(3) Party B shall apply to the supervision engineer for payment with the quality certificate and measurement certificate;
(4) The supervision engineer shall review the application materials, determine the payment amount, and provide payment vouchers to Party A;
(5) Party A pays or settles the project price according to the measurement certificate and payment certificate obtained by Party B; Before the project starts, Party B submitted the construction organization design to the owner and obtained approval.
question
1. In the process of earthwork excavation, there are two main reasons that greatly delay the construction period: First, during the construction process, there were seasonal rainstorms for several days, and after the rain, the soil moisture content was too high, so it was impossible to carry out dynamic compaction immediately, which delayed part of the construction period; Second, some unconfirmed boulder in engineering geological exploration was encountered during earthwork excavation, which delayed the removal of boulder for a certain period of time. Subsequently, according to the normal claim procedure, Party B requested to extend the construction period and compensate for the shutdown losses. Excuse me, should the supervision engineer accept these two statements? Why?
A: The handling of two claims: the boulder is the risk responsibility of the construction unit, and an experienced contractor could not reasonably foresee it, so the claim was established; Rainy weather belongs to normal seasonality, which is a factor that experienced contractors should have estimated in advance and taken into account during the contract period, so the claim is untenable and the claim should be rejected (6 points).
2. During the project construction, Party B changed some projects according to the instructions of the supervision engineer. What principles should be used to determine the change of some contract prices?
Answer: The principle of determining the change price (8 points).
(1) If there is a price suitable for changing the project in the contract, change the contract price according to the existing price in the contract (2 points).
(2) If there is only a change in the price of similar projects in the contract, the contract price can be changed with reference to similar prices (2 points).
(3) If there is no price applicable to or similar to the engineering change in the contract, the contractor shall propose an appropriate change price, which shall be approved by the supervision engineer, and the approved change price shall be agreed with the contractor; otherwise, the engineering cost management department shall make a ruling (4 points).
3. In the process of engineering construction, when encountering the edge of the treatment range specified in the construction drawing, with the consent of the supervision engineer present, Party B will appropriately expand the tamping range to ensure the tamping quality. After the completion of the construction, Party B asked the supervision engineer to measure and pay the engineering quantity within the expanded scope, but it was rejected. Is it reasonable for the supervision engineer to refuse the contractor's request? Why?
A: The refusal of the supervision engineer is correct. The supervision engineer approves the contractor's technical measures to ensure the construction quality. Under normal circumstances, if the owner does not approve the additional corresponding expenses, the technical measures shall be borne by Party B (6 points).
Analysis:
This case mainly investigates the project measurement and payment procedures, the position and role of the supervision engineer in the project contract management, the work responsibilities of the supervision engineer, the determination principle of the project change price, and the responsibility division principle of the project cost increase and construction period extension caused by underground obstacles, climatic conditions and other events. For the influence of climatic conditions, we should pay attention to distinguish whether
As an experienced contractor, he can reasonably foresee. Seasonal heavy rain or rainstorm belongs to the contractor's risk scope; However, it is generally believed that experienced contractors can't reasonably foresee the rainstorm disaster that hasn't happened in decades, so they can deal with it according to the principle of force majeure. Force majeure is usually handled according to the principle of each bearing the loss. For example, the loss of projects under construction, building materials and permanent equipment shall be borne by the owner; The contractor shall bear the loss of construction machinery and personnel slowdown.