工程管理 外文翻译 外文文献 英文文献 浅谈工程索赔的预防与处理

Talking about the project

claim the prevention and treatment

Abstract：In project management, construction claim is a complex business management. Today's domestic project contracting market is becoming more competitive, successful low-cost has become a regular operation, the operating contractor for the construction of the claim is very important to achieve the goal. The significance of the claim and described the concept for today's domestic construction projects in claims management problems were analyzed and the corresponding countermeasures and suggestions of the project and counter-claims both sides claim the contract is an indispensable business component. Based on the analysis of the factors that claims the project, discussed the contract on the implementation of the project claim the deal with the principles and specific treatment.

Key words: engineering claim prevention deal with

1. The definition and classification of claims

Claim the project is the fulfillment of the contract, the contract due to the other party did not fulfill its obligations under the contract and this led to losses, other demands for compensation or the right to compensation. The incidence of claims is a two-way, as long as the contract side of the responsibility and obligation not to achieve contract, or to provide the conditions inconsistent with the contractual status, there are claims that may arise. It is also a kind of a right, under normal circumstances, the claim refers to the contractor in the implementation of the contract process, the reasons for their non-extension of the project, and require owners to increase the cost of compensation for the loss of a claim. The owners belong to the construction unit should bear the responsibility for the cause, and the actual loss to the construction of requests for compensation, known as the anti-claim.

1.1 The purpose of their claims can be divided into two categories: construction claims and claims costs.

Claim Construction Engineering refers to, as a result of non-responsibility of the contractor causes delay in the construction process for approval of the contract extended period of the claim. Construction units of the purpose of the claim period is usually two: first, removed or have been shirking its responsibility to extend the duration of the contract responsibility, so

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that they do not pay as much as possible or not to extend the time limit to pay fines; II is due to extension of the period and The cost of damage caused by the claim. If the project is not the responsibility of delay caused by the construction, and construction units have been approved construction project claim, the construction units can be made as a result of measures taken to speed up and increase the cost of claims. The cost of claims is based on the principle of compensation for actual losses, and its purpose is to require financial compensation. When the reality of the conditions of the contract and inconsistent, leading to increase in contractor expenses in excess of the requirements of the plan's cost of the additional compensation expenses, in order to save his commitment should not be economic losses.

2. The cause of the project claim

2.1 Engineering design arising from claims.

As the construction drawings in error or defective, working drawings and the actual construction site in geology, environment, or the difference between the design drawings and specifications does not match the description of expression is not tight construction, equipment, materials, the name of the model specifications that Or the wrong amount of work is not clear and many other aspects of the flaws and omissions, resulting in rework. Inevitable in order to produce in the period, the labor, materials, and other aspects of the claims.

2.2 Do not close the signing of the contract arising from claims

The contract is a contract agreement, the tender documents, tender, contract-specific provisions, general provisions of the contract, drawings, BOQ and to fulfill the contract in the course of a series of supplementary agreements such as the composition of the document, the contracts signed between the two sides in accordance with the law The entry into force, legally binding, either party may change or dissolve the non-performance of the contract or the powers and duties. However, due to construction projects and the complexity of the construction period, as well as the natural environment, climate, such as long-term factors, together with the terms of the contract in terms of security is not strong, between the conflicting documents, are likely to make the parties enter into the Construction contracts can not take full account of all factors and a clear impact on the project, which led to the construction of the claim.

2.3 The risk of accidents and unforeseen factors such as changes in the conditions of the claim

During the construction process, changes in the conditions of the construction site of the project cost and impact, such as earthquakes, typhoons, war, rebellion, radioactive pollution and nuclear hazards, such as force majeure risks and natural disasters as well as the construction of sand mud emerged, geological Fault, natural cave, subsidence and underground structures or

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objects on the ground floor, and other unknown obstacles, often leading to the changes caused by the construction claim. If excavation works due to the discovery of underground structures and cultural relics, and so on, the drawings did not say construction indeed difficult to foresee a reasonable man-made obstacles, such as the deal is bound to lead to an increase in the cost of the project, the construction units can claim.

2.4 Project construction contracts management changes in the claim.

The current construction market, the project construction contracts have a total package, sub-, sub-designate, contract labor, equipment, materials supply contract and a series of contract, so as to enable the project construction contracts and management has become complicated by the difficulty Great. When any of the contracts can not perform well or poorly managed, will affect the project construction period, the quality and quantity, sparking the project, quality, quantity and economic aspects of the claim. Such as equipment, material suppliers, according to the project's design and construction schedule on time in accordance with the provision of quality equipment, materials, engineering, can not by the owners of the requirements and design specifications and the specifications for the construction, so as to affect the project construction The progress and quality, leading to the owners, with a total package side, the sub-side, the equipment and materials suppliers mutual claims.

3 Works to prevent and deal with the claims.

3.1 The project Prevention claims

Of the above factors in the analysis of the project claim, the claim works, as owners of the management of the main square in the prevention and treatment efforts must be dealt with the principles and specific ways to deal with, making a reasonable claim for compensation evidence to ensure the progress of the construction project, quality, the cost of a virtuous circle. Should do the following specific areas:

3.1.1 To strengthen the claim of forward-looking prevention. As owners, supervision engineers and contractors must use their experience and the relevant regulations, to take active measures to prevent foreseeable claims the incident occurred. Such as strengthening the management of the contract, to strengthen preparatory work to strengthen the design review, and so on. However, if the claim is indeed taken place, should take active measures to control claims costs to a minimum.

3.1.2 In market economy conditions, the contract is binding both A and B criterion of economic behavior. As the owner's managers should pay attention to fully and strictly carry out the contract. Before signing the contract should be repeated, as appropriate, the terms of the

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contract, pay attention to the strict letter of the contract documents, in order to prevent the implementation of the contract process as a result of loopholes in the text caused by the opportunity to claim, resulting in additional investment.

In the design of management should strive to obtain the contract by design drawings, data, and units designed to improve the quality of design, conditions permitting the introduction of the design competition, designed to improve the quality of service. 〖JP2〗through the design of the credibility of the tender selection, design, management capacity in areas such as better design of the unit, designed to reduce as much as possible the reasons for increase in the risk of project cost, the latter designed to improve the quality of service.

3.1.3 In the supply of materials, equipment and materials should be done on time and the supply, quality volume. As far as possible to avoid the supply of material specifications of the type, variety and not caused by the drawings of alternative materials.

3.1.4 The price may rise to the claim by the construction tender will be taken to increase the risk of a package as a death order to guard against the practice, that is, in business contracts, according to the length of period, the market price trend forecast, the two sides to agree on a cost risk To the contractors and contract during the construction of national and local government policy documents are no longer the implementation of price adjustment.

3.2 Engineering claims.

3.2.1 Should be based on a contract basis to deal with claims must be reasonable; have to pay attention to data collection, information truthfulness, reliability, and after that must deal with claims in a timely manner; in dealing with the specific claims process, we must A close examination of the period when the claims should be given, should be given when the cost of claims. For example: an extremely bad weather conditions, we have exceeded the expected normal rain and snow, seriously hampering the progress of projects at this time, the construction units may be required, the owner can grant an extension period, that is, the establishment of the claim period, but the cost should not be Claim. For instance, in the works in full swing during part of the project changes, construction has been finished on the part of the change and wait for the drawings when part of the construction and mechanical requirements of the claim, this time, to have been part of the End of the claim, it should benefit all, Including the costs and profits, but stagnation and machinery, due to the time when the construction season, it is entirely possible that this first part of the personnel, machinery to use elsewhere, to be paid should be the only change of duty and the types of work efficiency to lower costs.

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3.2.2 To deal with claims in the event of limitations should be carried out inspection, the building of China's construction contracts (GF-1999-2001) in the light of international common FIDIC conditions of contract claim against the statute of limitations provides as follows: "The claim occurred within 28 days of Engineers to issue a claim Notice; issued a notice of claim within 28 days to raise additional engineers to extend the duration of the contract price or the claims report and related information; engineers sent to the contractor received the report and claims information after the 28 days given to sign rehabilitation, Or ask the contractor to add further grounds for the claim and evidence. Engineers in 28 days or did not respond to the contractor for further requirements, as the claims have been approved. " Excess of the limitation period for claims, as the case may have the right to refuse. At the same time, the claim should be effective to deal with in a timely manner.

3.2.3 Should clearly define the responsibilities, strict examination fees. The claim of actual events are often responsible for both contracts, which should identify the reasons, clearly define responsibilities and in accordance with the terms of the contract's pricing review to determine the contract that both sides should bear the cost.

3.2.4 Should work to strengthen the control of the initiative, works to reduce the claim. This requires the owners in project management, as far as possible the work should be made in advance, to reduce the incidence of claims. This will enable the project to carry out more smoothly, reducing investment projects to reduce the construction period. To sum up, the claim for the prevention and management of investment projects to control play an important role in the international engineering construction in general will be designed to claim the contract price of 10-15% in individual cases even more. In order to better handle the construction of the claims the problem from the project to strengthen the construction plans and construction contract management, strengthen personnel training to start, actively explore and practice. References

[1] Wu Yuan, Wu Yin, China's construction industry, claims the status quo and countermeasures [J]. Economist, 2006, (3).

[2] Xu Wei, Jin Fu, Chen Lianjie. Standardize the implementation of the construction project supervision Manual [M]. Beijing: China Building Industry Press, 2001.

[3] Dong Cheng Hai, Zhang Jiansheng. Analysis of Construction Contract Management Problems and Solutions [J]. Modernization construction management, 2001, (1).

[4] Cheng Hu. Encyclopedia of Practical construction contract management [M]. Beijing: China Building Industry Press, 2000, (1).

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安全工程专业外语翻译

The major contributors in component technology have been the semi-conductor components． （译为“起主要作用”，不译“主要贡献者”。） There are three steps which must be taken before we graduate from the integrated circuit technology. （译为“完全掌握”，不译“毕业于”。） The purpose of a driller is to holes. （译为“钻孔”） A single-point cutting tool is used to cut threads on engine lathes. （译为“车”） The major contributors in component technology have been the semi-conductor components． （译为“起主要作用”，不译“主要贡献者”。） There are three steps which must be taken before we graduate from the integrated circuit technology. （译为“完全掌握”，不译“毕业于”。） The iron ore used to make steel comes from open-pit and underground mines. （译为“炼钢”，不译“制造刚”。） An insulator offers a very high resistance to the passage through which electric current goes. （译为“很大阻力”，不译“高阻力”） Mater can be changed into energy, and energy into mater. 物质可以转换为能，能也可以转化为物质。 The best conductor has the least resistance and the poorest has the greatest. 最好的导体电阻最小，最差的导体电阻最大。 If A is equal to D, A plus B equals D plus B. 若A=D，则A+B=D+B。 The first electronic computers used vacuum tubes and other components, and this made the equipment very large and bulky. 第一代电子计算机使用真空管和其他元件，这使得设备又大又笨。 Oxidation will make iron and steel rusty. 氧化作用会使钢铁生锈。 The cost of such a power plant is a relatively small portion of the total cost of the development. 这样一个发电站的修建费用仅占该开发工程总费用的一小部分。 The resistance of the pipe to the flow of water through it depends upon the length of the pipe, the diameter of the pipe, and the feature of the inside walls（rough or smooth）。 水管对通过的水流的阻力取决于下列三个因素：管道长度、管道直径、管道内壁的特性（粗糙或光滑）。Heat from the sun stirs up the atmosphere, generating winds. 太阳发出的热能搅动大气，于是产生了风。 In general, all the metals are good conductors, with silver the best and copper the second. 一般来说，金属都是良导体，其中以银为最好，铜次之。 The world of work injury insurance is complex. 工伤保险是复杂的。 Any substance is made of atoms whether it is a solid, a liquid, or a gas. 任何物质，不论是固体、液体或是气体，都是有原子组成的。 In the absence of force, a body will either remain at rest, or continue to move with constant speed in a straight line. 无外力作用，物体则保持静止状态，或作匀速直线运动。 A wire lengthens while it is heated. 金属丝受热则伸长。 Practically all substances expand when heated and contract when cooled. 几乎所有的物质都是热胀冷缩的。

工程造价毕业设计参考文献

参考文献 [1]中华人民共和国住房和城乡建设部.GB50500-2008,建设工程工程量清单计价 规范[S].北京:中国计划出版社,2008. [2]福建省建设工程造价管理总站.FJYD-101-2005,福建省建筑工程消耗量定额 [S].北京:中国计划出版社,2005. [3]福建省建设工程造价管理总站.FJYD-201-2005,福建省建筑装饰装修工程消 耗量定额[S].北京:中国计划出版社,2005. [4]中华人民共和国建设部.GB/T50353-2005,建筑工程建筑面积计算规范[S].北 京:中国计划出版社,2005. [5]刘元芳.建筑工程计量与计价[M].北京:中国建材工业出版社,2009. [6]刘元芳.建设工程造价管理[M].北京:中国电力出版社,2005. [7]幸伟.我国政府采购招标投标问题研究[D].东北师范大学,2009. [8]杨平.工程合同管理[M].北京:人民交通出版社,2007. [9]陈慧玲．建设工程招标投标实务[M].南京：江苏科学技术出版社，2004年. [10]邹伟，论施工企业投标报价策略与技巧[J]，建筑经济，2007年. [11]陈娟，杨泽华，谢智明，浅谈工程投标报价的策略[J]，招投标研究，2004 年. [12]徐学东主编.《工程量清单的编制与投标报价》中国计划出版社.2005年. [13]田满霞,浅谈建设项目的工程造价控制[J].技术市场,2013,(9):188-188. [14]王雪青，国际工程投标报价决策系统研究[J],天津大学博士论文，2003年. [15]Online Computer Library Center, Inc. History of OCLC[EB/OL],2009. [16]Gray,C.,& Hughes,W.(2001).Building design management.Oxford, UK:Butterworth-Heinemann.

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