51 opportunities for claim 1.
3、 Design change has potential claim opportunities 25) loss of manpower, materials and funds, work stoppage, delay in construction period, repair and reinforcement, overstock of components and materials, replacement and substitution and other associated losses caused by design omission or change; 26) losses caused by the construction affected by the inconsistency between the engineering geological exploration report provided by the design and the actual situation; 27) the additional cost for technical treatment of design errors or defects found after construction according to the drawings and remedial measures agreed by the owner; 28) additional costs for substitution of some materials, partial modification or other random handling matters related to the project temporarily decided by the design resident representative on site but without formal written procedures; 29) increased expenses for trial production and test of new and special materials and new and special structures; 30) omissions and defects in many aspects such as unclear expression of construction instructions, unclear expression of equipment and material names, specifications and models, or wrong quantities.
4、 The defects in the contract documents are potential self claim opportunities 31) the terms of the contract are vague and inaccurate; 32) there are loopholes in the contract terms, which fail to predict and specify the actual possible situations, and lack of some essential terms; 33) there are contradictions between the contract terms; 34) some provisions of both parties contain great risks, which are too harsh on unilateral requirements, unbalanced constraints, and even found that some provisions are a trap.
As a result, the construction site does not have or does not fully have the construction conditions; 4) The owner fails to connect the water, electricity and telecommunication lines required for construction from the outside of the construction site to the agreed place according to the contract, or although connected to the agreed place, it does not guarantee the needs during the construction period; 5) The owner fails to open the passage between the construction site and urban and rural public roads or the main traffic trunk roads in the construction site according to the contract, fails to meet the needs of construction transportation, and fails to ensure the smoothness during the construction period; 6) The owner fails to timely provide the contractor with the engineering geology and underground pipe network line data of the construction site as agreed in the contract, or the data provided does not meet the requirements of authenticity and accuracy; 7) The owner fails to timely handle all kinds of certificates and approvals required for construction and the application and approval procedures for temporary land use, road occupation and special railway lines, which affects the construction; 8) The owner fails to timely hand over the benchmarks and coordinate control points to the contractor in writing; 9) The owner failed to organize relevant units and contractors to jointly review the drawings in time, and failed to talk to the contractor about the design in time; 10) The owner fails to properly coordinate and deal with the protection of underground pipelines around the construction site and adjacent buildings and structures, which affects the smooth progress of construction; 11) The owner fails to provide the construction materials, machinery and equipment to be provided by the owner in accordance with the provisions of the contract; 12) The owner delays to bear the responsibilities specified in the contract, such as delaying the approval of drawings, delaying the acceptance of concealed works, delaying the reply to the questions raised by the contractor, etc., resulting in construction delay; 13) The owner fails to pay the project payment according to the time and quantity specified in the contract; 14) Acceleration required by the owner; 15) The owner occupies part of the permanent works in advance; 16) Economic losses caused by the owner’s change of construction plan in the middle of the project, such as large transportation and relocation of construction forces, overstock and transportation of component materials, slowdown of personnel and machinery, extension of contract period, increase of project maintenance, storage and on-site guard work, increase of sales volume of temporary construction facilities and material stalls, etc; 17) Expenses incurred by entrusting the contractor to inspect the materials supplied by the owner without quality certificate, or re inspecting the materials and components with qualified certificates and the concealed works that have been inspected as required by the owner; 18) The quantity difference loss increased due to the construction over consumption due to the material supplied by the owner’s lack of square footage, loss of tons, loss or design modulus not conforming to the geometric dimensions of the finalized products of the designated manufacturer; 19) The transportation cost of the materials and equipment supplied by the owner that are not stacked at the place specified in the contract, or the labor and mechanical shift cost of the materials and equipment supplied by the owner to the site and unloaded and stacked by the contractor on behalf of the owner.
Labor insurance and construction costs; 38) when implementing the construction organization design and schedule approved by Party A, the increased cost caused by the change of construction method due to the change of actual situation..
within the time limit specified in the contract.
The owner’s behavior has potential claim opportunities 1) economic losses caused by exceeding the original bid price or contract package price after winning the bid due to errors, omissions or inconsistency with the actual situation in the bidding documents provided by the owner; 2) The owner fails to deliver the construction site in accordance with the contract; 3) The owner fails to handle land acquisition, compensation for young trees, house demolition, removal of ground, overhead and underground obstacles, etc.
35) accelerating construction will cause additional costs such as the increase of labor resources, revolving materials, machinery and equipment and the increase of workload caused by cross interference of various types of work; 36) over haul distance expenses incurred due to the increase of transportation distance in the site due to the narrow site; 37) reduced efficiency loss and increased safety protection due to construction in special environment or severe conditions.
5、 Changes in construction conditions and methods have potential claim opportunities.
2、 20) the specific management personnel appointed by the owner’s representative did not notify the contractor in advance according to the contract, which affected the construction; 21) the instructions and notices issued by the owner’s representative are incorrect; 22) the owner’s representative fails to timely provide instructions, approvals, drawings or perform other obligations to the contractor in accordance with the provisions of the contract; 23) the owner’s representative unreasonably interferes with the Contractor’s construction organization; 24) the owner’s representative makes harsh inspection on the project, repeatedly inspects the same part, uses inspection standards that are inconsistent with the provisions of the contract, makes excessive frequent inspection, and deliberately fails to inspect in time.
