Studies On Application Of The Claim And Counterclaim In Engineering Construction

The core of the engineering item manage is the contract management, and the core of the contract management is claim management. For a long time, because of the limit of plan economy system and the thin of law concept and contract consciousness, the claim of strict meaning isn't existed in Chinese engineering field, the research for project construction claim is also at the start stage. The content that the engineering construction claim involves is very extensive; it involves multitudinous specialized disciplines such as engineering management, engineering architecture, contract estimate, Design, trade, law, economy, public relation and so on, claim is the organic synthesis and the synthesis utilization of synthesizes the knowledge.Now, our country has joined WTO, the architecture industry both is facing the opportunity and facing the challenge. In the international construction market both sides of the claim pay attention to the project construction claim, claim not only can maintain the side of the claim's own lawful right, enhance the economic efficiency, but also can prevent counterclaim, reduce or avoid the enterprise's own loss. Therefore our country must speed up theory application research of the construction claim, enable it to be operational and usable, in order to play the instruction role for the workers of the country engineering project, enhance success ratio in the engineering project management.After the event of the project construction claim occurs, the side of the claim analyzes and manages claims, and proposes the request of claims, its main goal is to obtain compensates of claims, avoid the loss which should not have, and protect own rights and interests. The side of the counterclaim also wants to carry on the counterclaim management, analyze and study the claim request, find out the unreasonable request, and put forward to carry on counterclaim towards the side of the claim; its aim is to support self-interest. Claim and counterclaim that are the important link in the project construction stage is important to both sides of the contract; it directly relates economic efficiency of both sides of the contract.Through description of the claim management present situation in our country construction market, following several aspects are exported and researched in this article: ①the related concept of claim, the classified method of claim and the importance of claim are elaborated theoretically; ②Through researching the reason of claim, the opportunity of claim, the conflict processing of claim, the procedure of claim is obtained; ③Through researching elementary knowledge of the game theory, union the characteristic of project construction of claim, the game model of the project construction claim and the game model of claim controversy are established, and they are confirmed by the project examples. The contents of the studies in this article provide some feasible methods and the suggestion to carry on the construction reasonably for sides, how to enhance the probability of success of claim and how to solve the controversy of claim and so on.