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 of taking remedial measures for technical treatment after the owner agrees to take remedial measures if design errors or defects are found after construction according to the drawings; 28) additional expenses for substitution of some materials, local modification or other random handling matters related to the project temporarily decided by the design resident representative on the 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.
2) the behavior of the owner’s representative has potential training opportunities 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 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, repeated inspection on the same part, inspection using inspection standards inconsistent with the provisions of the contract, excessive frequent inspection, and deliberately not timely inspection.
The occurrence of unforeseen factors has potential claim opportunities 48) the protection and other expenses incurred due to the discovery of cultural relics, antiques, ancient building foundations and structures, fossils, coins and other articles of archaeological and geological research value during construction; 49) disposal fee and re construction fee when the completed project is damaged or the quality fails to meet the qualified standard due to abnormal adverse weather conditions.
Therefore, the collection, sorting and visa of claim data must be done in time in the whole process of construction.
Labor insurance and construction expenses; 38) the increased cost caused by the change of construction method due to the change of actual situation during the implementation of the construction organization design and schedule approved by Party A.
The change of construction conditions and construction methods has potential claim opportunities.
As a result, the construction site does not or does not fully meet 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 construction; 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 construction is affected by the owner’s failure to timely handle various certificates and approvals required for construction and the application and approval procedures for temporary land use, road occupation and special railway lines; 8) The owner fails to timely submit the benchmark and coordinate control points to the contractor in writing; 9) The owner fails to organize relevant units and contractors to jointly review the drawings in time, and fails to talk to the contractor about the design in time; 10) The owner fails to properly coordinate and handle 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, 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 of construction forces, overstock and transportation of components and materials, slowdown of personnel and machinery, extension of contract period, increase of project maintenance, storage and on-site guard work, increase of sales of temporary facilities and material stalls, etc; 17) Expenses incurred by entrusting the contractor to inspect the materials supplied by the owner without quality certificate, or reinspecting the materials, components and concealed works that have passed the inspection as required by the owner; 18) The increased quantity difference loss caused by construction over consumption due to the loss of square, ton, quantity or design modulus of the materials provided by the owner does not meet 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 incurred when the owner supplies to the site and the contractor unloading and stacking on behalf of the owner.
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Only when it is reasonable can it go everywhere, only when there is evidence can it work properly, and only when it is on time can it not become invalid.
To do a good job of claim work, in addition to seizing the opportunity of claim, we must master the claim skills, which is very important to the success of claim! 2、 Four skills of claim: 1.
The subcontractor’s breach of contract has potential claim opportunities 50) the subcontractor designated by Party A has breach of contract such as unqualified project quality and project progress delay; 51) additional expenses incurred due to work efficiency reduction caused by cross interference of multiple contractors at the same construction site.
Do a good job in collecting and sorting visas.
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 terms of the contract, the actual possible situation is not predicted and specified, and some essential terms are missing; 33) there are contradictions between 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.
The claim directly involves the vital economic interests of both parties.
1、 51 opportunities for claim 1) 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 within the time limit specified in the contract.
The basis of successful claim lies in sufficient facts and conclusive evidence..
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Force majeure events have potential claim opportunities 45) losses caused by natural disasters; 46) losses caused by social unrest and riots; 47) the increased expenses caused by the substantial increase in material prices and workers’ wages due to the substantial increase in prices.
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It can’t rely on rhetoric, nonsense, or improper means.
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Changes in national policies and regulations have potential claim opportunities 39) changes in the budget price of construction materials issued by the project cost management department every quarter; 40) the state adjusts the provisions on the loan interest rate of the Construction Bank; 41) Notice of relevant national departments on stopping the use of certain equipment and materials in the project; 42) regulations of relevant national departments on promoting some equipment and construction technology in the project; 43) regulations of the state on restricting the import of certain equipment and building materials and increasing tariffs; 44) in a foreign-funded or Sino foreign joint venture project, currency depreciation may also lead to claims.
35) the acceleration of construction causes additional costs such as the increase of labor resources, revolving materials, machinery and equipment, the cross interference of various types of work and the increase of workload; 36) extra distance expenses incurred due to the increase of transportation distance in the site due to the narrow site; 37) efficiency reduction loss and increased safety protection due to construction in special environment or harsh conditions.
