Abstract: In project management, construction claim is a complicated management work. Nowadays, the competition in the domestic engineering contracting market is becoming increasingly fierce, and winning the bid at a low price has become a conventional operation mode. Construction claims are very important for contractors to achieve their business goals. This paper expounds the significance and concept of claim, analyzes the problems existing in the claim management of domestic construction projects at present, and puts forward some corresponding countermeasures and suggestions. ?

Keywords: contractor; Construction claim; Claim status; Evidence of claim; Claim procedure; Claim management?

1 The concept of engineering claim?

Claim is the act of demanding compensation from one party when the other party suffers losses due to reasons other than its own or fails to perform the obligations stipulated in the contract. In general, the claim refers to the claim that the contractor asks the owner to compensate for the loss due to the project delay and cost increase caused by non-self reasons during the implementation of the contract. However, if the owner asks the construction unit to compensate the losses that the construction unit should bear, it is called counterclaim. ?

2. What are the problems in the current engineering claim and the analysis of the claim?

2. 1 China's laws are not perfect?

The phenomenon of non-compliance with laws is very serious, the legal environment of contracts is not very good, and people are not used to solving problems by legal means and contractual measures. In terms of claims, there are many problems in contract signing and execution, and the claim management effect is not obvious, so it is difficult to improve the level. ?

2.2 The current "buyer's market" in China's construction industry is unfavorable to contractors?

The market competition is fierce, and it is too biased towards buyers. Owners often put forward harsh contract conditions in contracts, but contractors can only accept such contract conditions for their livelihood. In engineering, the contractor is in a passive position, often in order to improve the relationship, but can not seriously implement the contract, dare not make reasonable claims to the owner, even if the contractor wants to strictly implement the contract, for various reasons, it can not achieve the goal. ?

2.3 The claim theory is immature?

There are not many scholars and contractors engaged in theoretical research on claims and claims management in China, and the claims experience and claims examples are not rich enough. At present, the claim theory lags far behind the needs of practical work, especially the systematic research on the quantitative analysis of claims. Contractors in China rarely systematically summarize the claim experience and collect typical claim cases. In fact, these cases are the experience and reference for future claims. ?

3. Countermeasure analysis of construction project claim?

3. 1 Pay attention to the collection of claim evidence?

(1) Various contracts, agreements, drawings and other documents. Bidding documents, construction contract texts and attachments, other contracts (such as memorandums and amendments), construction teams, project implementation plans, various engineering drawings and technical specifications approved by the owner, etc. The basis of these claims can be directly quoted in the claim report. ?

(2) Letters and minutes of various talks between the two sides. During the performance of the contract, the resolutions or decisions made by the owner, supervision engineer and contractor through regular or irregular talks are supplementary to the contract and should be regarded as an integral part of the contract, but the minutes of the talks can only be used as the basis for claims after being signed by all parties. ?

(3) Timetable and specific progress of the project site and relevant documents. Timetable and specific timetable are important evidence of the claim for document change related to the site. ?

(4) Various reports and records during construction. Meteorological data, project acceptance report and various technical appraisal reports, as well as records and certificates of power supply, water supply, road opening and closing in the project. ?

(5) National laws and regulations and relevant market information. Relevant national laws, decrees and policy documents, official price index and wage index, various accounting data, and vouchers for material procurement, ordering, transportation, entry and use. ?

3.2 master the correct claim procedure and file a claim in time?

(1) Issue a notice of claim intention. After the claim event, the construction unit should grasp the claim situation and respond quickly. Within 28 days after the claim event, submit a notice of claim intention to the supervision engineer, stating that a claim will be filed for this event. Notice of Intention is the claim desire and requirement expressed by the construction unit to the engineer and the owner on the specific claim event. Beyond this time limit, the engineer and the owner have the right to refuse the request of the construction unit, and the construction enterprise will lose the right to claim compensation. Subsequently, the construction enterprise should track and analyze the implementation of the contract, understand the course, cause and effect of the incident, grasp the details of the incident, and analyze who caused these damage incidents and who should bear the responsibility. ?

(2) Submit a claim report. Within 28 days after the notice of claim intention is submitted, or within other reasonable time agreed by the supervision engineer, the construction enterprise shall submit a formal claim report and related materials to extend the construction period or compensate for economic losses. If the claim event or the influence of the claim event persists, the construction enterprise should follow the time interval reasonably required by the engineer (generally 28 days), the claim report should be true, the claim value calculation should be reasonable and accurate, the responsibility analysis should be clear, the unpredictability and suddenness of the event should be emphasized, and it should be clearly stated that the interference event occurred due to reasons other than the construction party, which seriously affected the work of the construction enterprise, increased the cost and delayed the construction period. The claim report should be concise, well documented and clear, so that the supervision engineer can't ask questions and don't ask for any additional supporting materials and data, otherwise it will adversely affect the claim. ?

(3) the final determination of the claim. After receiving the claim report, the supervision engineer shall verify its contents and the evidence provided one by one, determine the claim liability and determine the compensation amount according to the conditions for the claim to be established. Because of the different positions of construction enterprises and supervision engineers, there are great differences in the division of responsibility for incident damage, the sufficiency of claim evidence, the rationality of calculation basis and method. The amount of compensation is often inconsistent with the amount required in the claim report of the construction enterprise, or even quite different. Therefore, the two sides should negotiate on the handling of the claim, and the insufficient evidence should be supplemented as soon as possible according to the requirements of the supervision engineer, otherwise it is only possible to obtain the evidence provided by the supervision engineer that the claim is established to meet the cost and time limit, and the rest will not be compensated. ?

3.3 Strengthen claim management?

Claim is directly related to contract management, and contract is the basis of claim. Strengthening claim management means strengthening management in the process of contract signing and contract performance. ?

During the bidding process, the contractor should study the bidding documents repeatedly and thoroughly, carefully survey the construction site, dig out the defects in the bidding documents as much as possible, and explore possible claims opportunities. Flexible quotation strategy should be adopted according to the characteristics of the project when compiling the quotation table of engineering quantity. If possible, the unit price of the claim part should be higher, otherwise, the unit price should be lower. ?

3.4 The key to successful claim is to strengthen research and improve the relationship with all parties?

Tackling key problems is a science. As a construction unit, it needs to be discussed and improved in practice. In terms of engineering claims, we should properly handle the relationship with the supervision, business personnel and design unit personnel of the construction unit. Only by dealing with all the relationships can all the ideas become a reality. ?

4 conclusion?

In a word, construction claim is an effective means of project management by using economic leverage, and the level of claim processing reflects the level of project management of construction enterprises. Claim is an important link in contract management, the driving force of plan management and an important means to recover the cost loss. With the establishment and development of the construction market, claim will become an increasingly important issue in project management. ?

Reference materials?

〔 1〕? Wu Yuan, Yin Huanwu, Analysis on the Status Quo and Countermeasures of Claims in China's Construction Industry [J]. Economist, 2006, (3).

〔2〕? Xu Wei, Jin Fuan, Chen Lianjie. Implementation manual of construction engineering supervision specification [M]. Beijing: China Industrial Architecture Press, 200 1.

〔3〕? Dong Chenghai is from Zhang Jiansheng. Analysis on the problems and countermeasures of construction contract management [J]. Modernization of building management, 200 1, (1).

〔4〕? Hu Cheng. Practical Encyclopedia of Contract Management in Construction Engineering [M]. Beijing: China Building Industry Press, 2000, (1).

For reference only, please learn by yourself.

I hope it helps you.

Supplement:

The third part is the countermeasure analysis.