Research On The Management Mechanism And Strategy Of International Project Disputes And Claims Management Model

In the process of the construction of the international engineering project, the claim of the contractor is not a simple thing, and it needs to handle the claims in an international project requires a valid claims, engineering processes and organizational management strategy. in this doctoral dissertation is based on the system theory, risk theory, network analysis. Starting from the legal basis, the claim risk management, contract management system theory, time and cost claims, using qualitative and quantitative methods, Study international contractor project claim organization and process and the main results obtained are as follows:(1) Through the analysis on claim legal theory, economic basis and reasons of international project dispute, the international project dispute of the claim is made by unforeseen factors, contract changes and defects, the owners default and other factors. And claim for compensation factor model is established, and using the grey correlation degree, quantitative analysis is carried out on the claim dispute factors in the international engineering, and comes to the conclusion that the main cause of claim events as follow: contract changes and defects, and the owners default and other unpredictable factors influence, and sub factors mainly cause the claim for contract defects and geological conditions do not agree with plan as follow.(2) Using the theory of system and method of management, in this doctoral dissertation puts forward the relationship framework between the factors and the claim of organizational design, and points out that the elements of the system, namely the project scale, the management factor, the organization characteristics and environmental factors which establishing claim organization system is important influence factors, and from the angle of ownership, affect factors of organizational structure design are divided into four categories: environmental factors, management factors, organizational structure and organizational factors scale factors, and uses the fuzzy decision method to analyze the influencing factors, and the most important influence factors of organizational design comprehensive rank in the management level, followed by the claim strategy, centralization, standardization degree, degree of specialization, the personnel structure, the degree of information technology, organization, project scale and organizational culture and other factors, to provide the basis for the claim of organization design.(3) On the basis of the formation of the claim organization management, according to the characteristics of the claim management organization and the scale of enterprises, in this doctoral dissertation proposes that it should be selected for organization mode: the small and medium-sized enterprise to use linear functions, and organizational structure of large enterprises using the matrix organization structure. And the existence of matrix organization centralization degree is not enough, and weak leadership. The matrix type organization mode is improved by the addition of new management level –claims department that strengthens the connection.(4) Using the organization theory, in this doctoral dissertation constructs the guarantee mechanism of claim management organization: communication, motivation and conflict management, and points out that personnel of the organization claims should have aspects of quality.(5) Based on the claims procedures as the starting point, in this doctoral dissertation designs the specific process of international claim, that the use of Delphy Fa, brainstorming and interviews and other methods, and proposes opportunity identification method, and responses to the claims raised by the other party, and reduces disputes the claim and cost control. And then put forward the claim process, analysis of the terms of the contract, the collection of evidence, strategy and other content, so as to make the contract to protect interests in the international claims.(6) Define the meaning of project claim. The delay according to whether can apply for the claim for extension of time, the effect of delay between the events and the importance of delay process is divided into three categories. Put forward to the analysis of causes of claim, the affect factors of claim, and the steps of claim strategy. To reasonably value the claim, put forward the concept of the effective time of claim. Use of simple processing method according to the proportion of calculation and quantitative method according to the allocation of responsibility, and obtain that analyze the reasons for the delay, according to the process set the corresponding variables and the total duration of variables, and determine the process of delay, effective analysis of the actual situation, the delay the division of responsibilities, claim calculating model of the value of the claim of time claims calculation steps. Finally the delay in the event, the contractor to owner claim is affected the owners of factors and force majeure cause of time delay for extension of time value.(7) in this doctoral dissertation analyzes the causes of the increased costs, responsibility sharing and made a detailed analysis and calculation, and puts forward the calculation method of the cost of claims. Analyze seven components of the project claim expenses, the way and the calculation method of cost claims, and make a scientific classification, by the qualitative and quantitative analysis, and establish calculation model of the claim and systematic analysis of the scope and conditions of various kinds of calculating model for the station. In the Contractor’s point of view, put forward the claim strategy, in order to achieve the maximum value of claim in a reasonable premise.(8) The rapid development trend of international project claim management and the status quo on the basis of the claim, in this doctoral dissertation puts forward the organization management strategy, and the international project contractor claim management for risk, contract engineering change, claim and counter claim management strategy. From the perspective of prevention and control, it makes a detailed analysis of risk identification, risk control and management of claim risk analysis and evaluation, risk control and risk transfer, and puts forward the risk control model, and provides the basis for international contractor claim risk management organization. For the change of the claim in engineering, it analyzes the factors that influence the claim: design change, construction suspended or extend the duration of the force majeure cause, cause, and puts forward coping strategies for change, for the contractor to correct the engineering change decision and to control engineering change risks basis. From the angle of refuting claims, it focuses on the rebuttal to the claim of the customer, and questions that be pay attention to.In order to fully draw on relevant research results of claim management at home and abroad, systems theory and organizational theory, and fuzzy decision method and grey correlation degree are used as the international claims management mechanism and strategies. The main innovation points are as follows:(1)It is put forward to the grey relational compensation factor analysis model, and calculated statistics and correlation on a number of international project claims. And the main factors for claim events are contract changes and defects, unforeseen factors, and other effects of the owners default. And sub factors mainly cause the claim for contract defects and geological conditions do not agree with plan as follow.(2)Claim management organization construction is affected by the four aspects of the scale of the project, management factors, organizational structure characteristics and environmental factors, and the fuzzy decision method is used to analyze the influencing factors, and obtains the most important influence factors of organizational design comprehensive ranking in the management level.(3)It is put forward to the principle of international project claim. The matrix organization is improved by the addition of new levels of management- claims, and claims the organization model is constructed.(4) The organization claims the work flow is put forward. In the claims for extension of time, the effective time delay is put forward, and the network planning model for the corresponding improvement is improved, new variables to determine the value of time claims is set up. In cost claim, the possible claims are quantified for the cost.