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Analysis of claims issues during construction of water conservancy and hydropower projects?
A claim is a request made by the contractor to the engineer in accordance with the law and contract provisions during the implementation of the contract for actual losses or additional expenses that are not due to his fault or negligence but are the responsibility of the contractor. The requirements include financial compensation and extension of construction period.
1 The objective necessity of construction claims
Due to the long construction period, large construction scale, complex technical conditions, uncertainty of underground survey conditions, climatic conditions, and policies in water conservancy and hydropower civil engineering projects, Sexual changes and market price fluctuations; the engineering design will be poorly considered and inconsistent with the actual situation; there will also be varying degrees of errors or loopholes in any bidding documents; there will also be some differences in the understanding of the contract documents; the on-site performance of the contractor or supervisor Instructions, etc., may cause the contractor's actual cost to overrun and require additional expenses. Therefore, under the contract conditions of uncertainty risk, construction claims are bound to exist during the contract implementation process. The filing and handling of claims is a normal business in contract management. For a contract in which both parties share risks, no matter how serious and thorough the pre-contract preparations are, no matter how standardized the contract documents are, no matter how excellent the contract management is, What a good construction environment. All these can only minimize claims and facilitate the handling of claims after they occur, but they can never eliminate claims. With the increasing improvement of water conservancy and hydropower construction market management and the issuance of regulations such as the "Tendering Law" and "Water Conservancy and Hydropower Project Construction Contracts and Bidding Document Model Texts", contract management has attracted more and more attention. Construction claims are a way for contractors to protect themselves. An important means of legitimate contractual interests. Currently, all water conservancy and hydropower projects use competitive bidding to select contractors. Due to the inherent fierce competition in competitive bidding, contractors have to win the bid with a low price. The highest price a contractor can quote for a project is the lowest price that its most powerful competitor is willing to pay for the project. There is a certain truth in the saying that "winning the bid depends on low price, and construction depends on claims" and "project construction and claims are two sides of the same coin and are interdependent."
2 Claim opportunities
Claim opportunities exist objectively. How to discover and grasp claim opportunities should mainly be analyzed from project cost analysis, plan progress analysis and event analysis, combined with contract terms. , to look for claim opportunities.
2.1 Project Cost Analysis
Project cost analysis requires a detailed and reasonable project budget and an effective accounting system to analyze cost differences and look for claim opportunities. The project budget is a project estimate prepared by the contractor based on the bidding documents, market conditions and his or her own technical level, combined with the construction organization design and site conditions. It is an important basis for project cost control; accounting is a measurement of construction operations using currency as the unit of measurement. Recording of the entire process of activities; cost accounting is a central content of accounting. Through accounting, comparative difference analysis of budget costs can be carried out and claims opportunities can be discovered.
2.2 Plan progress analysis
The progress plan is a project construction time arrangement prepared according to the requirements of the bidding documents, taking into account various factors that may affect the project, and combining it with one's own management level. . Both parties to the contract should be bound by the schedule. No matter which party deviates from the plan, it must compensate the other party for the losses caused. Through comparative analysis and record inspection of actual progress and planned progress, we can find out whether the construction period is delayed, accelerated, disrupted, changed, etc., and we can find out what caused it and who is responsible.
2.3 Event Analysis
During the construction process, we must pay attention to important events caused by various objective factors, analyze the impact that the events may have on the project, and discover potential claims opportunities.
3 Reasons for Construction Claims
During the implementation of the contract, breach of contract is caused by many aspects and reasons; but the main ones can be classified into two types of claims: First, the contractor The breach of contract theory means that for losses caused by the breach of contract by the employer or the engineer’s representative, the contractor has the right to make a claim for expenses or extension of the construction period, usually called a “loss claim”; the second is the contract change claim, that is, according to the terms of the contract, the contractor If you are eligible to obtain additional cost compensation or extension of the construction period for contract changes or additional work, it may be called an "extra work claim." Relatively speaking, construction claims caused by design changes, contract changes, and national policy changes have sufficient evidence, clear application standards, and a higher success rate for claims; however, what is more complicated in the process of construction claims is the breach of contract and unfavorable conditions of the employer. Claims arising from site conditions because breaches in this area cannot be determined in the contract and cannot be foreseen by an experienced contractor.
3.1 Breach of Contract by the Contract Developer
The breach of contract by the Contract Developer is mainly summarized in the following situations: ① Failure to deliver the construction site, provide construction roads, and do not meet the construction conditions as stipulated in the contract; ② Failure to Providing the required water, electricity, etc. to the agreed location as stipulated in the contract; ③ Failure to provide engineering geological data as stipulated in the contract; ④ Failure to promptly handle application and approval procedures for certificates, approvals, and temporary land use; ⑤ Failure to organize joint review of construction drawings and design disclosures in a timely manner ; ⑥ Failure to properly coordinate the policy handling around the construction site and the protection of adjacent buildings and structures, affecting the smooth progress of the construction; ⑦ Failure to provide materials that should be provided by the contractor as stipulated in the contract; ⑧ Delay in responsibilities stipulated in the contract, such as Delay in acceptance of hidden projects, delay in responding to questions raised by the contractor, delay in approval of drawings, resulting in construction delays; ⑨ Failure to pay for the project in accordance with the time and quantity specified in the contract; ⑩ The employer requires rush work; the employer uses part of the permanent project in advance .
3.2 Improper behavior of the supervision engineer
The improper behavior of the supervision engineer is as follows: ①Issuing wrong instructions and incorrect notifications; ②Failure to provide instructions and approvals to the contractor in a timely manner as stipulated in the contract , drawings or failure to perform obligations.
3.3 Design or contract changes
Design or contract changes include: ① The contractor has new requirements for the project; ② Changes in the nature, quality or type of the project; ③ Modification of design drawings , The change in the quantity of a single project exceeds the adjustment value specified in the bid document; ④ The construction site conditions are significantly different from the original bidding documents; ⑤ Due to the emergence of new construction technologies, changes in the original design and implementation plan; ⑥ Defects in the contract documents.
3.4 Force majeure events
Force majeure events refer to: ① natural disasters (such as typhoons, heavy rains, earthquakes, floods, etc.) exceeding the force majeure stipulated in the contract; ② prices rising significantly, As a result, material prices and labor wages have increased significantly; ③ The country's economic laws, regulations, and departmental regulations have been revised and adjusted.
4 Claim evidence
Before filing a claim, you must have sufficient evidence to prove your claim. Generally, after receiving the claim report, engineers will raise some questions about the contractor's report and require the contractor to explain or issue further supporting materials. Whether a satisfactory explanation can be given or convincing supporting materials can be provided depends to a large extent on the contractor's preparation of information before making a claim and the claimant's experience level. Before filing a claim, all details related to the claim should be prepared so that they can be used flexibly in the claim report or presented when requested by the engineer. Although not every detail is available, the more complete the information is, the higher the success rate of the claim. The records and documents that need to be kept during the implementation of the contract are diverse. According to the ISO9000 quality system document, the principle of "what is said must be done, and what is done must be found", every staff member should not let go of matters related to him or her without recording them. This raw information is an excellent basis for a claim. The basis for the claim is summarized as follows: ① contract text and attachments, bid winning notice, bidding and bidding documents; ② bill of quantities, drawings, standards, specifications and other relevant technical information with bid price; ③ construction diary, various minutes, correspondence between the two parties , memorandum; ④ project progress plan and specific construction progress arrangements; ⑤ relevant visa documents, construction records and project photos of the construction site; ⑥ meteorological data during the construction period; ⑦ project inspection and acceptance report and various technical signature reports; ⑧ construction power outage records and Proof; ⑨ Investigation during the bidding stage, bidding information; ⑩ Management’s price and wage index, national laws, regulations and department rules, etc.
5 Claim Timing and Techniques
Whether the timing of claim is appropriate or not will greatly affect the effectiveness of the claim. With the progress of the project, the passage of time, changes in site conditions and social conditions, changes in project quality and design, and differences in the extent to which both parties have fulfilled their contractual obligations have all been exposed; therefore, the contract must be determined based on the nature of the project and the employer's Make your claim with a purpose in mind. As far as water conservancy and hydropower projects are concerned, the best time to file a claim is before the river is closed, before the water is impounded, before the flood control target is achieved, and before the civil engineering is handed over and installed, which can achieve twice the result with half the effort. When realizing that there is a potential claim opportunity, the first thing the contractor should do is to notify the engineer in writing of the relevant situation and his intention to claim; and promptly collect all information, discuss and prepare a claim report, and issue a claim notice within 28 days; and then Supplement reasons and evidence in a timely manner according to the needs of the engineer. The level and quality of the claim report are directly related to the success or failure of the claim. Grasp the essence and key of the incident, highlight the key points, provide sufficient evidence, reasonably quote laws and regulations and contract provisions, and ensure that the information and data provided are accurate, so that the contractor and supervisor consider it to be reasonable. of. Format of claim report: ① Title. Claims regarding the ××× incident. ②Event. A detailed description of the course of events. ③Reason. The basis of the contract and the legal basis of the contract. ④Appendix. Evidence for various claims.
6 Examples of claims
6.1 Claim for breach of contract by the contractor
6.1.1 Failure to provide construction roads as stipulated in the contract and lack of construction conditions
6.1.1.1 Unfavorable external traffic conditions encountered during the construction period
The bidding documents stipulate that the distance from a certain city to the construction site is 117km as a third-class highway asphalt pavement. However, from October 1996 to September 1997, the water conservancy hub The access road of the project is undergoing reconstruction and construction, and the narrow road surface can only be used by bicycles; large-scale construction machinery and equipment cannot enter the site. With the consent of the contractor, large flatbed transport vehicles detour through Taishun, increasing the transportation distance by 145km per trip. Reason: The contract document "please send the contractor and the supervisor to inspect it on site." Expenses: If the entry construction conditions change, the compensation will be increased by 220,000 yuan in transportation costs.
6.1.1.2 Delay in providing site use rights for the diversion tunnel project
The contract stipulates that the project will officially start on December 1, 1996. Before the start of the project, the contractor must complete the work within the construction area. Resettlement land acquisition and policy processing work, the contract period is 10 months. However, due to the difficulty of the land acquisition and resettlement work involving some local policy issues, the supervisor verified that the contractor was delayed for 33 days in providing the site. Reason: The contract clause "failed to provide the site on time, giving the contractor the power to extend the construction period, or increase the contract price." Cost: Since the diversion tunnel project is a control project of the main project, extending the construction period will postpone the key node of the project. The supervisory engineer believed that the cost of delayed work could be claimed, but the construction period could not be extended, and asked the contractor to speed up the work to ensure the realization of the contract period. Compensation of 1.98 million yuan (the content includes the cost of the main construction equipment, compensation for over-excavation and over-filling during the excavation process, additional costs for the concrete lining steel formwork trolley, compensation for the cost of tie bars in the tunnel, etc.).
6.1.2 Failure to provide equipment that should be provided by the contractor as stipulated in the contract
The bidding documents stipulate that the project has an ADB loan of US$3.5 million for the purchase of key construction machinery and equipment. The bid clearly stated that the planned arrival time at the construction site is January 1998. In fact, two Atlas hydraulic drills and seven 31t dump trucks arrived at the construction site in November 1998, and other equipment arrived at the construction site in November 1999. Reason: Due to the impact of the Asian financial turmoil and the cumbersome procedures for using ADB loans, the construction equipment was delayed until November 1999, when the peak of dam filling construction had passed. In order to ensure the progress of the project, with the consent of the contractor, our bureau urgently rented some construction equipment and purchased two additional 18t towed rollers, ensuring that the 1999 dam filling project target was guaranteed to survive the flood season. If the equipment purchased through bidding can arrive at the construction site on time, our bureau will not need to rent or re-purchase the above-mentioned equipment at all. Key equipment cannot be put into use during the peak period of construction, losing the meaning and value of the original purchase, and causing our bureau to increase construction costs. Compensation shall be made according to the bidding contract documents. Cost: The difference between the rental equipment fee and the first-class fee of the corresponding equipment in the tender document (for example, the rental fee for a 5m3 hydraulic excavator is 198,000 yuan/month, and the first-class fee corresponding to the 92 mechanical station shift fee quota in the bid document is 955.60 yuan/(unit) ? shift), the equivalent monthly cost is 955.6 × 21 = 20,100 yuan/month, and the rental fee difference that should be paid is 3.0749 million yuan (19.8-2.01) million/month × the number of months to make up for the difference); the entry and exit fees for rented equipment are 61.8 Ten thousand yuan; the cost of repeated purchase of construction equipment is 520,000 yuan (such as a towed vibrating roller); the foreign exchange risk shall be borne by the contractor and shall be paid according to the exchange rate at the time of signing in November 1998; the construction equipment purchased at the same time requires special technical equipment fees for the project (5 million yuan) to repay the loan to reduce interest payments.
6.1.3 The contractor requires rush work
The bidding documents stipulate that the dam project will not be constructed during the flood season from May to September 1998. Due to the influence of the El Ni?o climate that year, a rare excessive flood occurred on March 8 (Q=1100m3/s). The construction cofferdam was washed out of the gap and water entered the dam foundation pit, which greatly affected the progress of the project. If risky construction is not carried out during the flood season, the project progress will be delayed by one year. In order to ensure the overall progress of the project, the contractor requested to rush the work and continue the construction during the flood season. The risk shall be borne by the contractor. Reason: Construction conditions have changed (hydrological data, flood season construction records, photos), as evidenced by written information on increased investment. Cost: Fee for increased construction difficulty during flood season. For example: the efficiency of the excavation of the toe plate trench soil layer is reduced, and the drainage volume of the foundation pit increases during the flood season. Drainage measures are required; in order to ensure the filling strength of the dam body, the transportation tonnage vehicles are increased and the equipment price difference is compensated (the original bid document is 4m3 excavator equipped with 20t dump truck) The unit price of 2km is 16.15 yuan/m3. The unit price of 2km transported by a 4m3 excavator equipped with a 32t dump truck is 22.90 yuan/m3, and the unit volume increase cost is 6.75 yuan/m3 (*** 1.3 million yuan for 200,000 m3); in order to ensure the concrete of the factory building The construction progress was improved, the lost construction period was regained, and 800,000 yuan was added to the investment in steel formwork, steel pipe scaffolding, etc.
6.2 Design or contract changes
6.2.1 Changes in project quality
6.2.1.1 Change of panel concrete to anti-cracking concrete
Designed to improve the durability of panel concrete To improve the performance, the impermeability grade of the panel concrete is increased from S8 to S12, and the frost resistance D100 index is added. Reason: The quality of the project has changed. The terms of the contract "due to changes in the quality of the project that make the unit price inappropriate, the contractor will notify the engineer of his request for additional payment or adjustment of the unit price." Cost: Determination of the budgeted amount of concrete grading; budgeted unit price of new materials; cost of concrete frost resistance and impermeability test (32500m3/1000m3/group The current price of 211.61 yuan/m3 was changed to 310.61 yuan/m3, an increase of 99 yuan/m3, which is approximately 4 million yuan.
6.2.1.2 The silica fume concrete of the spillway was changed to steel fiber concrete
The high-speed water flow area in the cave originally used C60 silica fume concrete. During the implementation stage, the design modified the silica fume concrete into a new type of steel fiber silica fume concrete. Steel fiber silica fume concrete is a newly developed high-strength concrete in recent years. , At present, large-volume steel fiber silica fume concrete is still in the trial stage, and the construction technology requirements are high. Reason: The quality of the project has changed; the contract clause "due to the change in the quality of the project makes the unit price inappropriate, the contractor added its requirements." Pay or adjust the unit price and notify the engineer." Costs: steel fiber silica fume concrete mix ratio cost; steel fiber silica fume concrete gradation; changes in the budget price of steel fiber; the concrete lining specifications in the cave allow for the inclusion of 20cm overfill. < /p>
6.2.1.3 The water diversion tunnel requires concrete with high-efficiency admixtures
The design is to further improve the durability of concrete and improve working performance to compensate for the initial shrinkage of concrete and add high-efficiency admixtures to concrete. Admixture; at the same time, the concrete anti-permeability index S10 is increased. The concrete quality standard is improved, the original construction technology is changed, and the construction investment is increased. Reason: The quality of the project has changed and the unit price has become inappropriate due to the change in the quality of the project. , the contractor will notify the engineer of his request for additional payment or adjustment of the unit price." Cost: mix ratio cost; budgeted unit price of admixtures (add 10% based on the manufacturer); when rewriting the budgeted unit price, add an overfill of 20cm to the concrete specification in the hole Coefficient of The original bidding documents are quite different
6.2.2.1 The construction of the downstream cofferdam anti-seepage wall encountered unfavorable ground conditions
Unfavorable site conditions refer to an experienced Unfavorable natural conditions that cannot be reasonably foreseen by the contractor and site conditions that are substantially different from those described in the drawing specifications. The river bed covering layer survey data provided in the bidding documents is the gravel Q2 layer, but the concrete anti-seepage high spray wall is implemented. During the construction process, a relatively large number of boulders and boulders were encountered, resulting in some high nozzle holes not being flooded with grout. Although a variety of reinforcing measures were taken, the seepage volume still exceeded the normal flow rate, about 1500m3/h. Due to the needs of the construction period, the seepage rate was adopted. Forced discharge measures ensure construction. Reason: Contract clause "The contractor encounters adverse site conditions during the construction process, and the engineering geological conditions are complex and cannot be foreseen by an experienced contractor"; on-site geological data, construction records and photos. Expenses: Increased construction costs for high-rise spray-painted walls with boulders and solitary stones; Compensation for construction drainage costs of increased cofferdam water leakage due to poor geological conditions of 7 million yuan (the water output of the 12-inch water pump is 792m3/h × 24h/day × Utilization rate 80% × 30 days/month × 19 months × 3 units × 0.27 yuan/m3 = 7.02 million yuan).
6.2.2.2 Spillway excavation encounters hard rock
According to the bidding documents, the stone excavation project volume is 219.9m3, and the rock compressive strength is 57.54~277.40MPa (Ⅶ~ⅩⅥ Grade), the price is quoted for Grade XI rock according to the on-site conditions when bidding. According to the actual measurement conditions and test data, the average rock grade is grade XIV. Based on the actual measurement conditions and test data, it is determined that the rock grade is 318,000 m3 for grade III~X (60~120MPa), 510,500 m3 for grade XI~XII (120~160MPa), and 510,500 m3 for grade XIII~XIV (160~200MPa). 328,100 m3, grade XV (above 200MPa) is 1.24 million m3, and the average rock grade is grade XIV. The average rock grade is significantly higher than that in the bid. Because it is difficult to determine the rock grade in the bid, the rock grade and corresponding quantity are difficult to foresee by an experienced contractor when bidding. The actual construction consumption has greatly increased, resulting in serious losses, and compensation is required. The consumption caused by the difference in rock grade (from Ⅺ to ⅩⅣ) is 12.85 million yuan. Reason: The rock grade is difficult for an experienced contractor to foresee when bidding (evidence is rock compression test measurement data; on-site designer rock geology report; rock On-site determination of drillability and blastability).
Cost: The winning bid price for rock grade XI is 28.71 yuan/m3. After adjusting the rock grade XIV, the budgeted unit price is 34.55 yuan/m3. The price difference is 5.85 yuan/m3×2.199 million m3=12.8 million yuan.
6.2.3 New construction technology has changed the original design and original implementation plan
The dam foundation treatment uses new construction technology to grind cement grouting: the bidding document stipulates curtain grouting for the dam Conventional "ordinary Portland cement" is used, but in the implementation stage, new construction technology is designed and applied, and "grinded No. 525 ordinary Portland cement" is used instead. This technology is a qualitative leap in the development of basic treatment engineering technology in recent years. . When conventional cement cannot penetrate into rock fissures, finely ground cement slurry can penetrate into smaller rock fissures. Compared with the use of ground cement and conventional cement grouting, the construction process has changed, the groutability has been significantly increased, and the project quality has been significantly improved. Reason: The contract clause "due to the change in project quality makes the unit price inappropriate, the contractor will notify the engineer of additional payment or adjustment of the unit price or contract price"; compared with conventional cement, the pouring amount of finely ground cement increases and the construction technology changes occur. Cost: The winning unit price of curtain grouting is 298.36 yuan/m, of which drilling is 167.71 yuan/m and grouting (water absorption rate 0~0.02) is 130.65 yuan/m. The charging principle for finely ground cement grouting: the fixed unit price of drilling remains unchanged at 167.71 yuan/m. According to the actual measurement by both parties on site, the average grout suction volume is 2.93 times that of ordinary cement, the grouting time is 2.05 times, and the unit price is material cost × 2.93 + labor, Equipment fee, etc.
6.2.4 Defects in contract documents
The technical specifications for dam filling are inconsistent with the bill of quantities: the 60m dam foundation behind the toe plate is built on a deep covering sand and gravel layer (thickness is about 22m), the technical specifications of the bidding documents require that the gravel layer retained at the bottom of the dam foundation must be leveled, vibrated and rolled, etc., but there is no cost explanation in the measurement and payment, and the bill of quantities is missing. The technical specifications of the bidding documents are not consistent with the project. The bill of quantities is inconsistent and the contract documents are defective. Reason: There is a missing item in the bill of quantities for dam foundation treatment costs. Cost: the cost of bulldozing and rolling of the covering layer foundation; the calculation of the engineering quantity of the covering layer (thickness is 22m, billing is based on a thickness of 2m, the rolling cost is 110,000 yuan); the natural settlement of the dam foundation covering layer after the dam body is filled value, which increases the filling volume of the dam body (currently 0.28m×55000m2=15400m3), which is calculated as 300,000 yuan based on 20 yuan/m3***. The division of the above-water and underwater concrete work volume of the power plant is unclear: in the bid list of quantities, the power plant concrete work volume is divided into 23,500m3 of underwater concrete (unit price is 270 yuan/m3), and 2,950m3 of above-water concrete (unit price is 492 yuan/m3). The price difference is 222 yuan/m3), and the division elevation and location of underwater concrete and above-water concrete are not specified in the measurement and payment. General factory buildings can be divided into minimum tail water level, normal tail water level, design flood level and calibrated flood level according to tail water elevation (the concrete of factory buildings with quotas issued by the ministry is divided into superstructure concrete and substructure concrete, and there are clear measurement regulations) . There were disputes over measurement and time support, the division of items in the bill of quantities was not standardized, and the contract documents were defective. Reason: Measured according to normal tail water level elevation. Cost: The concrete project volume of the factory is divided into 23,500m3 of underwater concrete (unit price is 270 yuan/m3) and 2,950m3 of above-water concrete (unit price is 492 yuan/m3, and the price difference between water and water is 222 yuan/m3). After the adjustment, the concrete engineering volume of the factory building is divided into 18,500m3 of underwater concrete and 7,950m3 of above-water concrete. The price difference between above- and below-water is 222 yuan/m3, and the total additional cost is 1.11 million yuan.
6.3 Force majeure events
6.3.1 Exceeding flood standards during non-flood season
According to the bidding documents, from November to April, according to the flood standard of 10 years (Q =1100m3/s) set flood. However, on March 8, 1998, a rare flood occurred in the upper reaches, with the peak flow reaching 1200m3/s, which caused the upstream and downstream cofferdams to be partially washed away, water entered the foundation pit, and the dam project was submerged in water. Natural disasters (such as typhoons, heavy rains, earthquakes, floods, etc.) exceed the force majeure stipulated in the contract. Reason: The contract stipulates that "the loss of engineering, equipment and materials due to force majeure shall be borne by the contractor." If a rare excessive flood occurs during the dry season, it is a force majeure. The key evidence is the determination of flood standards. Expenses: direct losses caused by floods; flood relief costs; construction costs; restoration construction costs.
6.3.2 Prices have risen sharply, resulting in material prices
Affected by the substantial rise in international crude oil, fuel market prices have continued to rise. In 2000, the former State Planning Commission issued regulations on diesel Prices have been raised seven times, and the Provincial Price Bureau has also issued documents. Reason: The general contract clause stipulates that regarding the impact of changes in regulations on prices, "the implementation date of price adjustments shall be calculated from the date of implementation of the state notification." The key evidence is whether the national policy adjustment documents of the former State Planning Commission, Provincial Price Bureau, Petrochemical Company, etc. fall within the scope of regulatory changes. Cost: The price difference is calculated based on the price adjustment time.
6.3.3 Modifications and adjustments to national economic laws, regulations, and departmental rules
Increase in labor budget wages: When a project was tendered in May 1997, Zhejiang Water Conservancy The unit price of water and electricity quota labor budget is 14 yuan/(labor day). Reason: In October 1997, "Zhejiang Water Resources Administration (1997) Document No. 570" adjusted the labor budget unit price of water conservancy and hydropower projects from 14 yuan/(work day) to 17 yuan/(work day). Since January 1997 It will be implemented from January 1st, and the direct costs increased by the adjustment can be calculated into indirect costs, planned profits and taxes. Contract documents: The impact of regulatory changes on prices is "adjusted according to official notices issued by the country or Zhejiang Province." Expenses: Calculation of fixed working days, whether indirect expenses, planned profits and taxes can be calculated from the labor budget unit price difference (the difference between the two is 6.5 million yuan).
7 Several measures to strengthen contract management and construction claims
7.1 Improve the quality of contract management personnel
In the era of knowledge economy, market competition is ultimately about talents. In competition, the key to the success or failure of an enterprise lies in people. Due to the particularity of the subject matter of the water conservancy and hydropower project contract and the non-standardization of the contract terms, the contract claimants must have a combination of engineering technology and construction, budget and finance, law and regulations, public relations and other majors. He has rich experience in contract practice, is familiar with the terms of civil engineering construction contracts, has high professional knowledge of project budget estimates, and has good public relations capabilities.
7.2 Pay attention to contract negotiation and strive for complete contract terms
The contract runs through the entire process of the project builder, and the main basis for construction claims is the contract terms. Before negotiating, it is necessary to study the other party's negotiation strategy, analyze the contract terms, clarify relevant issues in the contract, raise major project risk issues and negotiate with the contractor; modify inappropriate terms, form written information, and strive to achieve the best results in the contract. Terms complete.
7.3 Strengthen planning and cost control, and improve contract management procedures
The construction progress reflects the appearance of the project, and the construction cost reflects the business management level of the enterprise. Claim opportunities can be obtained through progress analysis, and cost accounting can make the calculation of claim expenses more reasonable. Pay attention to construction claims and commercial claims, establish corresponding progress, cost, contract and claim management organizations, clarify the responsibilities of each department, learn to use the law to protect the interests of the enterprise, and establish a good cooperative environment with the contractor, design, and supervision engineers. Promote the smooth realization of project goals.
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