The Study On Claims Of Large-Scale Mechanical And Electrical Engineering Project

Generally speaking, the study of claim in construction project is mostly concerned with those claims made by the contractor. But in construction project the employer and the contractor are legally equal. So the employer has the right to ask the contractor for claim, and vice versa. In fact, the employer or his representative may ask the contractor to correct some lapses in the construction engineering, which is also a sort of claim. However, the employer's claim is not easy, especially when the matter is complex and serious. Usually, it involves many parties, corresponding professional knowledge (law, economic, technology, project management) and consuetude. So the solution process is very complicated. In this dissertation, the theories about contract and claim are studied, and the characteristics of employer's claim in Large-scale Mechanical and Electrical Engineering (LMEE) are also analyzed. On the basis of law, theoretical systems and solution ways of employer's claim in LMEE are established by means of qualitative and quantitative analysis. It is theoretically and practically meaningful.The contents of this dissertation are listed below:1 , According to the contract law, the legal basis of the employer's claim is explained systematically. Through the study of engineering contract of the project construction, the causes of claim are made clear. The game theory model of employer's claim is further set up. The avail model which is concerned with the change of their contract positions by claim is raised. In this way the prevailing phenomenon - getting bid by low price and gaining profit by claim -can be successfully explained from the theoretical point of view.2, The risks and characteristics of LMEE are systematically studied. From the employer's point of view, the risks of LMEE are analyzed. The ways to analyze and deal with risks are discussed. The theory of risk transfer and the concept of the employer's potential risk are brought up. And the dynamic control model of the employer's risk management is established.3, By the qualitative and quantitative analysis methods, the process of performing contract is studied. And the control theory based on the change of engineering contract status is raised. The contract status control optimummodel which is used to realize the claim chance and the contract judging model which is used to judge the contract performance are also put forward.4, The study on the quality management of mechanical and electrical engineering project and the employer's claim because of the quality problems is carried out. On the basis of the system efficiency, the quantitative analysis model which can be used to evaluate the engineering quality in any period of project is set up. Furthermore, the claim model and the calculating steps of claim amount are brought up. Since the engineering equipment plays an important part in the LMEE, the claim of the engineering equipment is given a special attention in this dissertation. The relative means of qualitative analysis and the mathematical model for quantitative analysis are uniquely raised. And they are further illustrated by some examples.5, The effects of engineering delay is systematically analyzed. The concept of all-factors engineering network is raised. The types of engineering delay, and the ways to recognize the claim chance delay are discussed. The calculating model of distribution engineering delay responsibility and the quantitative analysis model of employer's engineering delay loss are set up.6, The process control model of employer's claim management as well as the solution ways process are put forward.