Study On The Mechanism To Solve Disputes Engineering Contract Claim

Project due to big investment, long construction period and the characteristics of the participants more disputes will inevitably led to a contract claim. After the claim dispute, parties to develop a claim, put forward the claim, to maintain their own economic interests. While the counter claim also to make a counterclaim against the claim management, find out strategies, avoid claim damages. Due to the engineering contract claim involved has a very wide range of content, it relates to contract cost, project design, engineering, law, business relations, and many other professional knowledge. To this end, a contract claim on the solution of the dispute often it takes a lot of resources, both sides and the consumption of manpower, material and financial resources will not only affect the smooth completion of the project, will produce a series of social problems. To solve these problems, although in the legal system, organizational structure, project management and other aspects have begun to take shape, but there are still a big gap compared with the advanced world level, especially in the aspect of contract management. Project management is the core of contract management and claims disputes is the core content of contract management contract. Therefore, efficient contract claim dispute settlement mechanism can enhance the ability of the enterprise contract management, is one of the important security project is completed, the embodiment of enterprise core competitiveness.In the international construction market, the development trend of dispute settlement mechanisms of contract claim basically has two, one is the emphasis on programming, through the programming to achieve timeliness, but it is not constrained by rigid fixed program, in appropriate range can have certain flexible adjustment, FIDIC through detailed provisions for the time of DAB the steps reflects this. Second, construction professionals noticed claim dispute resolution process often leads to disputes on both sides of the fierce confrontation, and even relationship is broken, and in order to avoid this problem, was honored the settlement mechanism of equal consultation. Can be seen from the above two, the current claim dispute settlement mechanism more emphasis on "efficiency" and "the maintenance of cooperative relations.Law of our country once produced way to resolve disputes is the dispute first, then both parties consultations, and at last the arbitration or litigation. Long-term use of construction project contract claim is a claim on traditional dispute settlement mechanism, namely once the owner and the contractor claims disputes, decide the dispute by supervision engineer, if can’t accept the decision of the supervision engineer for one of the parties, the two sides in the process of arbitration or litigation. Under certain historical condition, the traditional claim dispute settlement mechanism is in conformity with the specific situations of China, has its own advantages. But with the development of globalization, China’s construction market has become a part of the world market, in the process of cooperation with international construction enterprises, dispute settlement mechanism of the traditional claim exposed many defects, it is necessary to investigate and promote more feasible claim dispute settlement mechanism.Based on the principal-agent theory and institutional economics based on transaction cost theory, the analysis of the engineering contract claim dispute settlement mechanism, on the basis of current situation and problems of multi-level multi-angle expounded the shortcoming of the traditional dispute settlement mechanism and the advantages of ADR way, constructive improvement opinions are put forward. First of all to the selected topic background, research status at home and abroad, the research goal and research is introduced in the aspects of the framework. And then the related theory, transaction cost theory and principal-agent theory and so on has carried on the induction, analysis and comb. Introduced the specific content of traditional claim dispute settlement method, using the principal-agent theory to analyze the owner and the contractor, the owner and supervision engineer of the principal-agent relationship, points out that because of the existence of principal-agent problem basic traditional claim the parties in dispute settlement mechanism has its own problems. At the same time, this paper introduces the composition of ADR, analyzed its core part of the DRB/DAB operation mechanism and superiority of them on the transaction cost, through the comparison of each claim dispute settlement mode, highlights the ADR methods in timeliness, the superiority of cost, relationship maintenance, etc. On the basis of the foregoing analysis, puts forward some Suggestions of perfecting the contract claim dispute settlement mechanism, this paper expounds the way of ADR in our country with legal conditions and requirements of the external environment. Finally come to the conclusion that ADR method solves the dispute settlement mechanism of the traditional engineering contract claim the principal-agent problem and transaction costs, not only improve the efficiency of the settlement of disputes, but also to maintain the relationship of the parties, ADR is construction engineering contract claim the inevitable development trend of dispute settlement mechanism.