【 Weak current College 】 claim knowledge manual (5)

Chapter IV claims inspiration

First, the initiative claims opportunities

K companies contracting a dam engineering. Contract technical specifications stone dam filling water content is between-2% ~ + 3%. Once started, K company from material field excavation of fillings for up to 15%, exceeding the regulatory requirements. Supervising engineer asks K company on packing, reduce moisture. This undoubtedly will significantly increase the cost, but engineers refused to incur additional costs. So K company proposes change in moisture content standards, engineers and take appropriate measures to achieve design quality requirements. Engineers have adopted K company's proposal and issue a work order. Since the moisture content of the standard packing has changed, the original purchase of the rolling mill is not applicable, the need to reconfigure. So this K company. Engineers had to agree. helpless

Comment: as the construction of the encounter insurmountable difficulties, require changes in the use of materials or construction practices, this is often the case. But the contractor if you start to take this claim, the engineer may even the contractor's proposal was not adopted. This will not only fail to claim benefit, even the original passive situation could change, the contractor only in accordance with the contract technical specifications standards construction, results will be punished. Smart K company is that of plans to achieve the intended purpose, their true intentions hidden in its recommendations, it is difficult to detect by the supervising engineer until conditions are ripe again. At this point because of their supervision engineer has been agreed that the contractor's proposal was too late to go back again, had to agree with the contractor's claim.

In contract engineering practice, to become passive to active. Non-active status, however, can be easily achieved, this will require the contractor to a planned destination step by step to realize, take advantage of all possible conditions, consciously create claim opportunities to expand revenues.

K companies successful experiences is the first to give engineers agree their own proposals, to obtain a written change order, the achievement of its objectives; and thus resulted in the early, finally reaches its fundamental purpose. This step-by-step approach is very worthwhile.

Second, the owners of information distortion

B company H city contract on a sewage treatment project. Project content removals 1200m long, deep, wide 4m 4m of sewage sludge in the ditch, and buried on the diameter of the concrete culvert 1.5m. B company before signing, in the field of view: there is no water in the ditch, only about 1m thick mud; sewage ditch upstream of various sizes small drainage ditch, during the dry season or, no rain, only a small amount of water which can not be merged into the current. Owners of the information provided shows that even in the rainy season also does not have a lot of water, because upstream of municipal sewage pipe can be put together and rainwater discharge. B company signed with H municipal government contract. Contract stated: "contractors have the subject of the statement of geographic location, the surrounding environment and relevant information to read and research projects are satisfied with all conditions, warranties will not be for any inconvenience and ask for an increase in construction costs. ”

Three months after the contract has been approved by the local authorities, engineers immediately came under order. However, the rainy season has arrived, upstream of municipal engineering has completed, you cannot enable the continuous rain river lots of rain, dirt down the River, the B company does the job. In order to ensure that construction, B company had dug up in upstream temporary a drainage ditch, but local Government to levy a tax on land use, and the resulting increasing expenditure B company 150 million. B company claims from the owners, the owners of the statement quoted in the contract, the contractor was dismissed by the B company of the claim.

After lengthy negotiations, the agreement was submitted to the international arbitration institutions. Arbitration bodies after investigation, and seriously listened to both sides of the plea, the final decision in favour of the B company.

Comment: arbitration institution was ruled in favour of company b, on the grounds that the owners did not maintain the status quo before signing, and site owners to deliver information that, even in the rainy season also does not have a lot of water. This constitutes a distortion of information provided by the owners, but as a contractor, visit is unpredictable and later the construction constraints, this is an experienced contractor unforeseen accident factors, even though the contractor Declaration does not require additional costs, but because of the conditions and information provided by the owners, and it claims to be established.

Third, the exception handling

H the company contracting a culvert pipe works. T: units before bidding, presented a paper on the engineering geological references. Data show that the project is located underground seepage is very small. At the same time, the tender file: letting the data or information provided is not responsible, the bidder shall personally into field investigations to obtain accurate information.

The contract, the contractor found real leakage than information leakage on callout. The contractor must also undertake drainage measures, thereby increasing the cost of the project. Thus, the contractors to owners and claim, but the owners refused. Reason is been expressly provided for in the tender documents, the owners of the data provided is for reference only, the contractor shall personally went to the scene.

Following consultations, the contractor was a complaint to arbitration, the last in favour of the contractor.

Comment: Although the tender file provides the information provided by the owners for reference, but the contractor still won. This is because the arbitration institution believes that the contractor as part of the tender is not possible to verify the amount of data leakage. Field investigation does not include drilling, contractors during the construction of the massive seeps issue should be treated as an experienced contractor or unforeseen adverse conditions. According to the provisions relating to adverse FIDIC construction conditions, the contractor is fully justified.

4. have the right to use it or lose it

A company successful contracting a teaching building project. After the signing of the contract, the owners to contractors recommend a waterproof material suppliers, hopes that the purchase and use for contractor firms waterproofMaterial. Contractor as a result of the credit is not know, this is not willing to use the manufacturer's material, but taking into account the recommendations of the owners, the fear of rejection that manufacturers would offend the owners, the owners of the future will be difficult, therefore adopted the recommendations of the owners.

Contractor testing the manufacturers submit samples, not found ineligible, also recognized a supervising engineer the material inspection report. So, the contractor and signed with the firm order contract and pay a deposit of $ 10 000.

Engineering contract that: "where is accompanied by a certificate of materials, you must validate the approach. If there is no proof, subject to the test before access. ”

Contractor management engineer has recognized its sample inspection report, to enter the material with no further testing is comprehensive use. When supervising engineer acceptance waterproofing discovers the material serious nonconformities, denial of acceptance of works, and does not allow for the next process. So the entire engineering work for two months, the site of more than 100 workers are doing nothing. Contractor, decided to recover the deposit and delivered to select materials by manufacturers. But the manufacturer has run away, could not find. While the owners refused to extend the duration, and that if not timely completion, will perform the delay penalty provisions. Then the contractor and the owner had a dispute, claim the contractor to the landlord, asking owners of extension of time and paid staff laid off two months of losses, and the landlord has categorically rejected.

Comment: according to the contract of international practice, the landlord has no authority to compel the contractor accept its recommended materials suppliers, unless the contract expressly provided by the owners to specify materials suppliers. Even specify the supplier, the contractor should also be strict quality control, refuse any unqualified materials. If the material supplier freely by the contractor, the contractor shall take all the material is not eligible. According to the contract, the contractor shall enter in the material on materials for test or verify the certificate. Unfortunately the contractor failed to do so, so much so that by this great loss.

The contractor has the right to refuse the owners recommended material manufacturers, at no time can be difficult because of concerns about the owners and take risks.

When the contractor found waterproof project failed, you should immediately stop the reworked, you should not expect a change of attitude project owners. In the circumstances mentioned in this case, the contractor shall carefully calculate the overall downtime caused by the loss and rework to stem the increase in costs, in particular the analysis of whether the work stoppage to wait for the engineer's change in attitude, even if a change of attitude, supervising engineer reluctantly recognized its waterproofing, whether you can view all? project delivery after waterproof questions? down again until the repair period, the contractor will rework the losses would undoubtedly be greater.

The contractor shall bear their own responsibility, to dare to be good at using the contract confers on the legal rights, and must not be committed because of the small concerns taboo.

5. low price high profit

A TL lowest quotation of the company beat many competitive and independently, in a total cost of millions of dollars of housing construction project bidding company. Participation in competitive bidding countries companies believed to TL quotation, it cannot be guaranteed. During construction, TL company as general contractor, and manpower command 20 national and international subcontracting companies; construction of the peak of the site up to 8000 people work, but the scene headquarters personnel TL companies most often only 60 people, only in the project stage decoration and seven or eight people. Four years after project completion and delivery of the Chinese side, TL companies earn a total project cost of more than 18% of profits. TL companies can profit in a low quote, there are many reasons why, in addition to careful planning, good management, advanced construction technology factors, there are brilliant hack, worthy of study.

1. use the subcontractor's weaknesses

Take some of the Sub-task's company lack international engineering contracting lack knowledge, with foreign contractor company experience, leveraging our TL company relating to the company of this weakness, in subcontract out, in violation of international practice, added many unreasonable terms and conditions. For example, require an advance subcontracting in the first nine months to pay off; provide subcontracting companies to purchase materials, if it exceeds the purchase price, the excess by subcontracting company commitment to saving costs, save part of the divided equally by both parties. TL companies also provide that the costs of construction machines and the corresponding taxes borne by the subcontracted companies. In the subcontracting company release task or request, often intentionally not written documents, and subcontracting companies easily accept and implement the project tasks, to checkout or accountability, subcontracting companies produce credentials and dry.

Transfer of contradictions, the buck is TL of another usual practices. In accordance with international practice, unless the owner specifies the subcontractors, the general contractor selected subcontractors directly with the owners do not occur. TL companies often subcontractors to the foreground. The owners or management engineer some criticism, the TL is hiding in the side of the company, or simply for the owners and management engineer bangqiang for subcontractors as its victim. Subcontracting companies often suffer from a lack of experience and common sense and be its use.

2. to expand the claim proceeds and avoid punished

Regardless of the engineering design of minor modifications, or prices, or affect the progress of the works, in any event is raised to the owners of the TL companies claim or a claim for economic reasons, as long as the opportunity increases, they claim. Only one year of 1989, TL company to the owners of up to us $ 66 million in claims.

In turn, TL company on subcontractors are deducted. Subcontractors such as failure to request deadline (often too harsh period) to complete the task, TL company to them the punishment, not soft.

The entire project than originally planned duration of the delay of 17 months and TL companies flexible and ingenious use of various means to avoid a penalty.

Comment: engineering contract often not to quote dictates the profit and loss. The most important means of profit is management. Price highOf course, laying the Foundation for profitable, but in view of the current building market competition has become intense, high-priced team of impossible. So in this situation, whether the contract can also profit? TL companies make use of as we have done a very good answer. Typically, project contract profitability means: project management, claims and price adjustment values. In the domestic construction market price is widespread, TL companies on successful application of the profitability means, quite worthy of reference.

TL companies gaining skills in most major characteristic is the claim to the asking price, good use of the owners and the subcontractor's weaknesses, good law and policy of empty, it means gaining success apart from objective factors, more important is the initiative of the full play, particularly with rich experience in engineering contracting and profound engineering contract knowledge, this is the key to its success. We need to seriously study the hack tips.