Wednesday, January 5, 2011
【 Weak current College 】 project clearing summing up (1)
1, project completion, the second party basis later in construction drawings done clearing, settlement and still use the valuation method, the settlement price is 1200 million, plus $ 2 million for negotiating changes (this project does not go through the completion and acceptance of the report, many of the materials and practices change, no signature). Consulting company on this project audits pursuant to the second party settlement offer and in conformity with the contract price and the settlement of comprehensive price and practices and tender also agreed, in addition to construction drawings and tender drawings has changed a lot, does not comply with the conditions laid down in the tender documents. Therefore decided to use fixed price settlement of audit, the settlement construction plans recosting of all, measures are recalculated. Concluded that approving the price significantly lower than the closing price. The second party to have a list price, adhere to the list of settlement, did not agree with the adjustment measures integrated price costs and fees. The two sides in disputes, negotiations had reached an impasse. Such differences should be how to decide?
A: the issue of whether the focus in the settlement by a fixed price. So the two sides confirmed by fixed price when there is no check clearing, if there are no matter what the price is right. If not, the two sides have to redefine the settlement and transaction settlement.
2, inventory, materials price accounting, temporary valuation adjustments, listing an item in the content adjustment should be how to settlement, the contractually agreed price, the suspense? material valuation adjustments of prices can be performed by the contract, but if this is the list of items included in the content changes, the increase or decrease? also, if the owner requires a change to a certain individual item price is not adjusted, within the limit should be how to avoid risks at the same time, the foregoing list of? the content changes price whether or not to use the terms?
A: during checkout, material spreads, temporary valuation adjustments shall be conducted in accordance with the contract. List item change has two parts, first is the project of changes and the second is a changes in job content. The first fully pressed individual item price limits for adjustment. The second way to change the design under the contract or the specific requirements of visa.
3. quantity tender, for the completion of the settlement, there are several aspects to do with (contract indicate the actual amount of settlement projects, regardless of whether more than list error): ⑴ Engineering has increased or decreased, the tender price calculation can be divided into parts of the project fee; so the original bid price measures fees if you want to adjust or direct costs? ⑵ include measures fees adjusted, the original bid fees are also adjusted accordingly? do ⑶ tax adjusted accordingly?
A: after changes in the quantities appear, sub-project is adjusted according to the real, whether you want to analyze the action item is determined by quantity changes caused by the change, if that is the contractually agreed scope of belonging to the claim.
No matter what changes, fees and taxes according to the settlement amount.
4. bidding project settlement in the new project comprehensive price of group price, the material price is based on the construction unit of the tender price quoted material or construction process actual material price group price. Such as the original tender basis for Bon, after the change is full, full to group prices based on?
A: according to the contract for clearing of specific requirements, whether you want to analyze the material price and inventory items implementing change gives rise to an action item changes. If there are no requirements, should be based on actual material price group price, if the list item change should be re-group prices, but must be building units or supervision.
5, the quantities of project number wrong caused by the decrease in quantity, during checkout how to solve?
A: according to the contract on the settlement terms specific requirements. If there is no requirement that you want to analyze this type of contract, the contract is open or closed contracts, generally is negotiated settlement, supplementary details contractual terms of a settlement.
6, there is now a project, using the quantities, the unit price contract, the contract is adjustable, final cost without armor for materials for 10 million, and another 500 million of available materials, the owner recognized gave us 10%-production premium, now you want to exit a for material, the question is whether the bear measures 500 million, and fee? also, that 10% of production premium 500 000 is also taking measures to charges and fees?
A: armor for materials and measures fees are two separate charges, there is no relationship between the can. After the signing of the contract if there is no clearly defined action item is not changing, is completed qualified engineering must occur. As for the return of used materials, construction unit only stay fee. Of course the settlement amount changes, the fees and taxes should be adjusted accordingly.
7, a construction contract, according to preliminary estimates of the total price of the works, labor insurance premiums should be 18 million Yuan, but both parties in the contract to 15 million lump sum. After the construction of financial reasons make the project work and up to 18 months will not be able to return to work. Both parties in the contract and the actual finish works for settlement, in accordance with the normal fee standard should only be taken 8 million labor insurance. Construction was of the view that the contract for the use of the "lump sum", i.e. works regardless of the increase or decrease should be 15 million lump sum, no adjustment. While the construction party believes that the original contract labor charges at 18 million on the basis of the budget down to 15 million Yuan, is the actual completion of labor insurance should also fall by the same proportion, labour insurance 8 million on the basis of a proportional reduction? such situations?
In such cases, the actual settlement price for the project is far less than the total contract price at the time of the contract, temporary project facility fee according to the actual completed work has also been reduced. But construction, temporary facilities in the pre-construction pressed the project scale one-time investment, and as a result of construction party causes temporary facilities exceeding the contractual construction period, the number of temporary facilities have no residual value available, a temporary facility fee should budget amounts as in the original contract. I am of the view that the construction of a certain party, not by industry rules, should such situations?
A: this issue falls within the contract expires after the settlement has been finished works, principles in accordance with the contract termination settlement terms, if no request, the parties settled the coordination but determined not by works of the normal operation of the settlement. General, are settled according to the real, which does not exist temporary facilities feeReduced on a pro rata basis, in addition also increased as a result of contract termination claim occurred.
8. If the Contracting Party of the waterproofing of large packages to others, and the other has the price details (is material fee + artificial fee) and approved by the party. So we settled on Mount clearing party authorized price, but the audit only agreed to adjust the main material costs, do not agree to adjust the fixed content and labor costs. Principle is the 2001 amount of the fixed market, fixed. Could this situation be settled?
A: first, the settlement must be based on the contract, the Contracting Party of the big bag is not big package. The contract signed by the party a is approved, if the contract has expressly agreed upon are settled according to the fixed, regardless of whether the party a signature must find evidence of change in settlement basis, if you do not have not approved.
9, mechanical excavation works contract neither conventions, party a party b has no special requirements, construction unit has taken the retaining wall and slope, sand bags are included in the settlement cost?
A: If this project is the adoption of the bidding, bid for retaining wall, if you can't calculate separately, if any other programme, the programme must be changed with the supervision of the construction unit and agree, if there are clearance check recognition should be increased, if not can not be increased.
10, I actually work for the first time, consult the list of clearing members heroes integrated unit price can because material prices or changes in circumstances change? there is no restriction in the contract, be changed?, for example: Earth excavation process, the distance increases or use of the device changes, the price cannot be changed? if you cannot change what needs to be fulfilled?
Material price changes are large, tender stone price is $ 65, because the project duration is long, stone ex-factory price becomes $ 110, you can change the overall price? or how clearing can both be appropriate?
A: the General quantities are fixed price contracts, the composite price risk, in part as long as the work content does not change the material price is not adjusted, and can be adjusted according to the contract agreed on the settlement terms, in the absence of agreement, negotiated settlement.
11, tender project bid in the final accounts, change quantities, could be part of the tender, or only partial calculation change? tenders in material prices in the final accounts can adjust when? (signed is adjustable price contract)
A: according to the contract, and generally only change part of the contract, as to the material prices are based on the contract, if no agreement can only change part of the press is part of the settlement, tenders should not be adjusted. For special conditions negotiated settlement.
12, engineering contract is fixed price contract, the price is calculated according to the laying of granite mortar, with the use of imported glass stone adhesive laying, checkout the construction unit amount of the original project is also growing, I ask you, engineering changes allowed?
A: according to the contract on the terms of the contract, the change from this problem, if the contract is agreed, are two different list items during checkout the changes list back to the Group prices from construction to confirm, change quantities are allowed.
13, the total price of the package, the completion of the construction contract settlement is how reported clearing information?
A.; very simple, without any change in the contract amount equal to the amount of the settlement. How to change the contract whether and how you can adjust and change fees. Secondly, according to the contract increased claims costs.
14, in the existing laws and regulations, for engineering cost settlement has no such requirement: If the project is bidding, a settlement in the project, you must press the bid price + visa + change of forms of calculation, if the parties in settlement of contracts according to actual completed work volume accounts, whether or not to bid quotes missing quantities and projects (the actual completed) is appended.
A: accurate said that laws and regulations are not mandatory, you must use either settlement and clearing. If both sides agree to settlement according to the amount actually complete the project, you can do for the settlement of the contract, the conditions of supplementary have legal effect, the tender offer of the missing quantities and items can be appended.
15, construction, digging, earth-moving project contractor not package the material, which the contract provided for the calculation of Earth by real, cave-in prior calculation, now the party representatives and supervision because of dissatisfaction with the party, free to visa, earthwork quantity, the quantity increase many landslide, as the Party of the settlement?
Answer: this is the Party of the internal management of the problem, if the party representatives and supervision are Visa approved, construction unit should be given. If the owner finds insiders dereliction of duty, should produce sufficient evidence or legal procedures.
16. about armor for material in the settlement should be how to refund, has been disputed, would like to ask you?
A: armor for material should parties themselves agreed. Generally use the normal settlement, a settlement price for timber press. A. for wood procurement market and settlement price difference by party a resolve itself, after deducting the process b can calculate a fee for materials.
17, my company recently had a project is completed, a final settlement of work in progress, this project of the contract price is low and there are nearly one-third of the amount of engineering for wood and belonging to the party a subcontract engineering, contract project settlement press 01 fixed and related fee reduction 10% after the execution of this project with CERs is large (the Party of engineers indicated at the time of the visa, because some negotiation is our proposed changes are no longer included in the economy and reduce them really counted) if contractually agreed on reduced also by this regulations, our loss is large, I think this works contract price was very low, and there are a large part of the project for or party a subcontracting, this part of the Basic is a fixed number, but do to reduce them, can only be a party a subcontracting and supply materials outside our actual effort, so I think that reduced part cannot be executed by this contract, to express.
A: the settlement should be deducted from the budget in advance for a material and a designated subcontractor work, remaining work, as the contract price, then the contractually agreed calculating additional engineeringProject (by Convention to fall).
18, I now do a settlement project is the quantity of the tender, the Contracting Party in the tender offer for the completion of the actual quantities and the quantities differ, according to the provisions of the local authorities, should be part of multiple columns is not deducted from the amount of the appropriate listings by bid settlement; leakage and little column part of the building should be issued by administrative authorities and the guide price basis for the valuation. I am now experiencing the problem is that we won the bid of budget book distribution box installation item price is too low, notably budget distribution box offer too low, according to the regulations cannot be adjusted. But if some distribution box leakage calculation (the Party of the contract of the project amount) I should bid budget books of similar distribution box for an item in the integrated price reported settlement, or the actual price of the equipment included in the item, press the new comprehensive price settlement?
A: in general construction drawings, party a ratifying construction plan, site Visa authorization sheet single, technology, engineering change orders, valid completion material can be used as a basis for settlement; but some of the party a will require as settlement information based economy must specifically ratifying the binding, to avoid as far as possible in the checkout pointing expressly agreed upon in the contract.
19, contract settlement pursuant to the budget for construction drawings, design changes, and visa. The project for construction of the proposed settlement is concealed information can be used as a basis for settlement?
A: concealed work can do for design change or site visa on the basis of, but also have supplemental design changes and spot the visa form.
20, this year the price of cable, wire, rise too much, and I asked the owner during checkout to we adjust the price difference, but the owner does not give us the adjustment, the owner said it had been agreed in the contract, including the risk factors. I ask such a risk is too great, I wonder if you can require the owner to adjust. Also, do not know about copper prices is not what the file number of the rise in the number of range will not be adjusted, how much to increase the scope of the domestic demand in the contract have agreed but can be adjusted. Also, I used any way I can make adjustments to the post of party a to I.
Answer: according to the contract, if the contract does not contract can only be resolved through consultation of both sides.
21, description and quantities, and construction drawings and construction in the field of visas, in case a fixed lump sum settlement price is adjustable.
Answer: according to contract settlement terms on change and visa agreement, if there are clear as the execution of the contract. If not expressly negotiated determine and visa settlement after the settlement.
22, engineering tender documents and contract provisions, clearing the local bulletin information price main member price, but in the main member price on both sides of the visa, clearly higher than the price of local bulletin information and supervision units also approved, on an audit departments should do?
A: If the contract have agreed should first perform the contract. The other signature, construction supervision units units are checked, because of the contractual duties is only responsible for on-site management, cost of admission must be checked, if party a party also check identified, can be thought of as supplementary information, the settlement should be pricing.
23, engineering tender documents and contract provisions, clearing the local bulletin information price main member price, but in the construction of the two parties signed the additional protocol, settlement of main materials of the price of local bulletin information price plus transportation costs, and agreed on the secondary transport costs, transportation costs and secondary transport costs clearly higher than the market, as the audit departments?
A: If party a ratifying the additional protocol, the time of the audit found that the unreasonable should then inform the owner, but if the owner's consent, or describes the special reason, should be given to the settlement, supplementary agreements (except government audit).
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