Identification And Response Of Contractor’s Claim Opportunity Under FIDIC Contract Conditions

In recent years,one of the "one belt,one road" initiative and the rapid development of international engineering market have also increased the number and scale of China’s external engineering contracting.For the international project,it has the characteristics of long construction period and complex structure technology,and it is difficult to avoid the influence of various force majeure in the construction process,so claim becomes one of the management strategies that the contractor must master.Although Chinese enterprises have accumulated some practical experience in the process of "going out" in the early stage,compared with the same industry in foreign countries,there is still a lack of systematic and scientific claim management system and the risks of contract hidden dangers emerge in endlessly.Therefore,if Chinese contractors want to really occupy a place in the international market,they must improve their own claim management level,and the identification of claim opportunities is an important foundation of the whole claim management process.Through the identification and analysis of the claim opportunity,the economic loss of the contractor can be reduced,and the risk can be dispersed or transferred reasonably and effectively,which is an effective means to protect the rights and interests of the contract.FIDIC contract terms play an important role in today’s international project contracting projects,and most of the project contracts are signed according to the terms.Based on the unique authority of FIDIC contract in the industry,this paper introduces the meaning and characteristics of claim and claim opportunity from the perspective of engineering contractor according to FIDIC red book,and based on FIDIC contract terms,selects 25 terms related to Contractor’s claim,classifies and refines them,and concludes that they include economy,owner,contract,construction conditions,politics and region Conditions and force majeure may cause claims.This paper uses the fuzzy comprehensive evaluation method and AHP to establish the evaluation model of the Contractor’s claim opportunity,and then applies the model to the case for theoretical test.After identifying the factors of the Contractor’s claim opportunity in the case,it carries out analysis and evaluation,and puts forward countermeasures against the case,so as to make the theory guide practice and practice perfect the theory again Ring.On the basis of a large number of theories,the qualitative problems are solved by quantitative methods.The Contractor shall be familiar with the contract terms based onFIDIC,fully demonstrate the claim right after identifying the claim opportunity,pay attention to the collection of written records and claim evidence,and reasonably calculate the claim amount.Strive to solve the claim disputes through friendly negotiation in an effective time,but also exert appropriate pressure when necessary to safeguard their own rights and interests from various aspects.