Study On Construction Claims Of Construction Enterprises

The construction claim refers to claims resulting from the constructionprocess, and is a new discipline integrating social science and naturalscience, which concerns multi-respected knowledge including projectconstruction technology, law, finance and accounting, and public relations.It accompanies the construction risk and forms effective method that thecontractor obtains compensation and enhances the economic gains based onthe legal contract.Along with the development of the architecture industry of our countryand our access to WTO, the market of our country gradually normalizes andinternationalizes. A group of robust construction firms go out of thecountry, while a large number of foreign construction contractors access tothe domestic market. In the increasingly fierce market competition,construction claims increasingly show its importance, profit on the lowbidder claims cases emerged, most domestic construction contractors arestill unable to meet the needs of this situation.This present paper systematically explains the reasons for the constructionclaims including factors as owners, engineers, and external environmentsand force majeure, taking methods of example plus analysis from theperspective of the construction contractor; indicates construction claimsclassifications, which include the purpose-based, contract-based, and concerning party-based claims; expounds the main claims-influencingfactors such as factors the owners, their contractors, engineers and socialfactors; and shows the legal basis, including legal provisions and contracts.This paper also states the game played among the owners, engineersand contractors. Owners, supervision units and contractors have played animportant role in the construction stage and thus form a certain degree ofeconomic partnership. This paper, focused on engineer's rental rights,indicates the reasons for the engineers to rent their rights and the gamebetween the owners and engineers and between the engineers and thecontractor.Connected with the examples, this paper reports the organization andmanagement of the contractor's construction claims, with a focus on thearrangement of the contractor's claims, claim strategy, prerequisite for asuccessful claim, and the claimant negotiations, and gives a detaileddescription of a specific method of implementation.Based on the engineering practice, it proposes some points onstrengthening the management of construction claims, including raising thelegal ideology on claims, claims management and problems worthy ofattention.