Research On Legal Issues Of Contractor Claims Under FIDIC Contract Conditions

With the promotion and implementation of China’s "going out" strategy and "One Belt And One Road" initiative,Chinese engineering enterprises,especially engineering general contracting enterprises,have made great achievements in the development of the international engineering construction market.However,due to the huge differences in domestic and foreign laws and regulations,political systems,market environment and other factors,China’s foreign project contracting enterprises are facing greater risks than domestic projects.Among them,the problem of engineering claim is particularly prominent.If the problem is not properly solved,the enterprise not only cannot obtain the rights and interests it deserves,but also can not bring huge losses to the enterprise because of the claim.Based on the protection of the claims rights and interests of contractors in our country,this paper discusses the deficiencies of contractors in the practice of international engineering claims in combination with FIDIC contract conditions on the basis of drawing on the research results of contractors’ claims at home and abroad,and discusses how contractors in our country should make claims effectively.Based on the basic theory of the claim of international engineering contractors,the connotation and characteristics of the FIDIC contract conditions,the basic theory of the claim of contractors under the FIDIC contract context and the legal causes of the claim are discussed in depth.Based on the content and procedure of contractor’s claim under FIDIC contract condition,this paper elaborates the claim of contractor’s time limit,the claim of contractor’s cost,the core logic of the claim and the unique procedure of the claim.Based on the full understanding of the theory of contractor’s claim,combined with the theoretical research of contractor’s claim at home and abroad and contractor’s claim in practice,this paper analyzes the reasons leading to the unsatisfactory effect of contractor’s claim.It is pointed out that the contractors in our country have poor claim consciousness,can not capture the claim opportunity,do not pay attention to the claim contract management and do not pay attention to the claim evidence collection in the claim event.In order to effectively protect the legitimate claim rights and interests of contractors in our country,The Chinese enterprise shall establish a specialized claim management department and a sound claim management system,raise the awareness of claims by all staff,discover claim opportunities in time,enhance the ability of evidence collection and management,and make good use of claim procedures and claim skills.