1、工程工期及费用索赔分析Analysis of claim for construction tim工程工期及费用索赔分析（Analysis of claim for construction time and cost）Analysis of claim for construction time and costAnalysis of claim for construction time and cost1, the necessity of claimsClaims are a common right of both parties to the contract. It is a p
2、rotection of the self, the maintenance of legitimate rights, the reduction of losses, and the increase ofThe means of increasing profits is the need to strengthen the market competition consciousness and strengthen the concept of rule of law. But in actual operation, peopleThere are always some misu
3、nderstandings in the claim. The employer believes that the claim is an additional expense and will damage his own voiceFitch, often to the Contractors claim to refuse, but as a contractor, often afraid of offending the employer, if both sides shut upIt will affect future cooperation, dare not claim,
4、 or lack the knowledge and skills of the claim, and will not claim or claim a weak sense of rightsThin, do not know claims, in fact, claims with both parties signed a legitimate right, through the claim, the parties can act against the policeIt can help the two parties to cooperate more closely and
5、benefit the smooth realization of the objective of the contract.2, the claim can promote the Contractors contract managementStrengthening the contract management is the necessary prerequisite for the project claims, and also the necessary guarantee for the success of the claim. For example, a buildi
6、ngThe project contractor shall organize the construction in accordance with the normal fine standard. When the progress of the project is over half, the model worker shall be changed to the owners requirementsStandard construction. For this purpose, the Contractor shall add manual, processing and eq
7、uipment, and the quality acceptance shall be up to the standard of model projectThat the owners will give financial compensation, but the result is contrary to expectations, the owners of the contract did not write the terms for the rationaleIgnore, the construction enterprise empty. This is caused
8、by the Contractors subjective intent only on the basis of the contractThe adverse consequences of its lessons are profound. Therefore, it is the interest mechanism of the market that compels people to study the claimCompensation has also promoted the contract management of the project and raised the
9、 level of the contract management.3, claims can promote the cost management of the projectTo communicate the construction, production, accounting and construction of the project to separate, and not in the project accounting. Improvements have been made to project costsTo the branch, the engineering
10、 department, the project department level accounting. Small contractor project accounting is not standardized, in the owners claim when they do not understandReasonable calculation, lack of negotiation weight, the success rate of claims is low. For example, somewhere about 2 million of construction
11、projects, the owners admitted to stopOne year of work, but the contractor refuses to pay the compensation when the contractor makes a claim for 300 thousand labor cost as compensation. laterIt is suggested that a fee of 18 years of mechanical stagnation million, turnover costs 80 thousand yuan, 50 t
12、housand yuan utilities and labor costs 300 thousand yuan togetherPut forward and renegotiate, and it worked out. This shows that in the process of claims, the general offer and accurate sub accountingThe result is different. In the cost claims, all costs should be listed out of losses, and on this b
13、asis, do a good job accountingTo provide dynamic cost information in a timely, accurate and comprehensive manner. This can effectively guide the internal cost management,It also provides strong evidence for the claim, and the claim has also become the impetus for the cost management of the project.V
14、arious categories of claimsI. construction period claimsThe purpose of a claim for a time limitIn the construction of the project, there will always be some interference events which can not be scheduled, so that the construction can not be carried out smoothly, so that the scheduledThe work plan wa
15、s disturbed, resulting in an extended construction period. The extension of the contract will cause losses to both sides of the contract. The owner is unable to work because of the projectTimely delivery, put into production, can realize the investment purpose according to the plan, and lost horse p
16、rofit opportunities. Contractor due periodIncrease paid the wages of the workers, mechanical parking fees, site management fees, additional expenses, may also end upTo extend the penalty for the time limit stipulated in the payment contract. So the contractor usually has two claims for the duration
17、of the claim:1, to avoid or shirk their contractual obligations arising from the extended period of time, so that they do not pay or as little as possible payment of time limitExtended penalty.2, for the duration of the project caused by the loss of compensation. This claim is usually relatively lar
18、ge.3, for the duration of the project has been extended, the owners usually use two solutions:(1) unless the acceleration measures are taken, the duration of the contract will be postponed, and the construction of the project will be carried out according to the original plan and plan(1) unless the
19、acceleration measures are taken, the duration of the contract will be postponed, and the construction of the project will be carried out according to the original plan and plan(two) analysis method of time limit claimThe claim for a project is mainly based on:The total schedule stipulated in the con
20、tract;Detailed progress plan approved by both parties, such as network diagram, cross road map and so on;Amendments to the time limit approved by the parties to the contract, such as recognition, meeting minutes, correspondence and so on;Monthly schedule and adjustment plan agreed by owner, engineer
21、 and contractor;The actual progress of the project after interference, such as construction diary, engineering schedule, progress report, etc.;The contractor in each month and in the bottom interference occurs should be comparative analysis of the above information, to find the time delay andPut for
22、ward a convincing claim for the delay.Two. Definition of expense claimThe so-called cost claim means that the contractor has suffered damage due to changes in the owners cause or the non controllable elements of both sidesIn case of loss, the owner shall be compensated for the loss of the cost. Ther
23、efore, the claim fee shall be the Contractors terms in accordance with the terms of the contractThe relevant provisions of the owners from the outside to the cost priceClaim costs shall not be considered as the Contractors unexpected income and shall not be deemed unnecessary by the owner. In fact,
24、the claimThe cost is due to the risk factors that are not yet certain when the contract is established and should be borne by the employer. ContractGenerally, the offer price of the business does not include the risk of the owners impact on the offer, so once this risk occurs and affects the priceWh
25、en the Contractors project cost is raised, it is normal and reasonable for the contractor to make a claim for the cost.Cost claim is an important component of engineering claims and is one of the main objectives of the Contractors claim. At the same time, owing to the claimThe cost relates to the pr
26、ofit and loss of the contractor, and it also affects the construction cost of the owners project, so the cost claim is oftenThe most difficult and also the biggest difference between the two sides claims. Especially for loss or near loss contractors and financial conditions are notGood owner,The sit
27、uation is even more so.Expense claim is the key point and final goal of the whole project contract claim. The duration of the claim is largely due to the costClaim for compensation. We should pay attention to the following problems in the calculation of expense claims:Two. Expense claim calculation(
28、1) principles of calculationThe cost claims are based on the principle of compensation for actual losses. In the cost claim, it embodies the following aspects1 the actual loss is the actual impact of the interference incident on the Contractors cost and cost. The actual effect can be used asExpense
29、claim value. Therefore, the claim does not have any punitive nature to the owner. The actual loss includes two aspects:(1) direct loss, that is, the direct reduction of the Contractors property. In actual engineering, it is often shown as cost increase and real costExcessive cost overruns.(2) indire
30、ct losses, which may result in a decrease in interest, such as the loss of the project by the owner owing to the default of the worksInterest income on deposits.2 the actual losses directly caused by all interference events and the calculation of these losses should be given detailed and specific pr
31、oof.In the claims report, these evidence must be issued without which the claim cannot be established.Actual losses and the calculation evidence of these losses are usually: bills of fare, payroll, on-site labor and materials used,Certificate of machine use, financial statement, engineering cost acc
32、ounting data, etc.Two, the choice of calculation methodsIn contract engineering, the quantitative analysis and calculation of the impact of interference events on costs and costs are extremely difficult and complex. At present,There is no general accepted method of calculation. The different calculation methods have great influence on the claim value. meterThe basic principle used in the calculation method is that:1, reasonable. That is in line with the actual situation of the project, in line with the
