Research On Confirmation Of Claim Events And Identification Of Claim Evidences Based On Discrepancy Of Contract Status

The continuously improved construction market in China and the gradually formed new law environment of construction market, in favour of construction contractor’s claim, provide powerful assurance to change the contractors’ weak status in the construction claim. The contractors’ inadequate capacity to claim and lack of the claim for compensation skills, not consistent with the continuous improvement of market circumstances and law environment, has been the principal contradiction of contractors’ claim. This contradiction restrict the formation of the contractor’s core competence and the major performance of this contradiction is short of the confirmation skill of claim events and the identification skill of claim evidences. Then, we borrow from theoretical and practical methodology and analyse the confirmation skill of claim events and the identification skill of claim evidences, then excavate theoretical and practical supports.The paper, out of the stereotype of previous studies, aside from the traditional macro research of construction claim, introduces the new theory of contract status and traces back to the origin of construction claim from the perspective of the discrepancy of contract status. The paper also studies the confirmation skill of claim events and the identification skill claim evidences in the main line of the discrepancy of contract status.The contents and creative points of the paper includes two aspects as follows:First of all, the paper develops the concept of the discrepancy of contract status and analyzes it in depth, based on the theory of contract status and the theory of rational risk-sharing. Based on this, the paper develops the colletion of employer’s responsibility for breach of contract and employer’s responsibility for risks according to the studies of relative literatures, Contract Law, Standard Construction Tender Documents(2007 Edition), FIDIC Condition of Contract for Construction(1999 Edition) and Code of Bills of Quantities and Valuation for Construction Works(2013 Edition). The paper then studies two types of confirmation skills of claim events, builds the model of the confirmation of claim events on the basis of differences of employer’s responsibility for breach of contract and employer’s responsibility for risks.Furthermore, we use the compensation for the discrepancy of contract status as a starting point to analyze the fixing skills of the evidences of liability for claims and the evidences of calculating claim sum. Meanwhile, the paper, building on the collections of evidences of the liability for claims and calculating the sum of claim respectively from the perspectives of the effectiveness levels of evidences and the evidences of different project phases, studies on the skill of identification claim evidences.In summary, the paper, from the perspective of the theory of contract status, develops the confirmation skill of claim events and the identification skill claim evidences based on the discrepancy of contract status, the collections of employer’s responsibility for breach of contract and employer’s responsibility for risks, shows the model of confirmation claim events and how to use the skill of stabilizing claim evidences. The paper provides a practical operation and guidance for the contractors and the methods proposed also opens an interesting agenda for future claim research.