The Research Of Claims Based On FIDIC Contract Condition

Since long, as a result of restraint of the planned economy system, the weakening in the understanding of law and the consciousness of contract, our country engineering doesn't have project claim in the strict significance. After reform and opening up, specially Our entry into the WTO, many foreign invested projects and so on World Bank financed Projects, the development of foreign project contracting as well as unceasing development of laws and regulations on economic construction, the project claim gradually knows and takes seriously by the domestic owner, engineer and the contractor. But overall, the project claim and its management is also a weak role in engineering construction management relatively in our country, claim consciousness are weak, don't have enough understanding and takes seriously to the importance of claim management. So enterprises will also need to strengthen the contract consciousness, claim consciousness unceasingly in practice, to enhance ability of protecting oneself, to meet the requirements of the economic development. At the same time, the project claim's fundamental research also falls behind to the practice step, cannot meet the demands of practical engineering, has not formed mature theory system and the method system on claim management, lacks the effective instruction to the project practice.This article takes the development of current project contractor industry as the analysis background, studies how to cause the contractor's claims to be systematic, reasonable, scientific under updated FIDIC contract for construction and the new environment, raises the level of claim management , realizes the economic benefit maximization. First, give the detailed explanation and analysis to the update FIDIC contract construction, then analyze, the occurrence, the classification, basis and disposal procedure of the contractor's claims under the FIDIC, prepare for theory for the contractor's claims management. Next, has carried on the thorough analysis to the time claim, particularly claims of multi-event delay, and summed up the time claim's analysis program and the computational method, pointed out that where its difficulty is. Once more, proposed using fuzzy network planning to process time claim and has established the fuzzy network model, using separate fuzzy number to express the run duration which conforms to the project practice closely, to reduce superimposed effect and the radiation effect in the claim computational process. Finally, carries on the empirical analysis with correlation example, thus the confirmation model's actual feasibility, has provided the basis for the contractor time claim, increased the possibility for the claims' realization.