Safety production claim planning and counter-claim measures?

Construction projects are affected by natural conditions such as terrain, geology, hydrology, meteorology, etc. The construction conditions are complex, which may cause the project design to be poorly considered or inconsistent with the conditions, and may also cause various problems in the project construction contract. Defects bring uncertain risks to the performance of the contract and make claims unavoidable. Construction claims are often a means for the contractor to obtain more profits, and it is also an effective way to safeguard its own interests. In construction projects, claims are a common occurrence between both parties to the contract. In normal management business, we customarily refer to the contractor's claim to the owner for compensation as "construction compensation". The purpose of compensation is mainly the construction period cost, and for the owner's claim against the contractor or the owner's claim against the contractor The claim was evaluated based on the terms of the contract, and the unreasonable part of the claim was denied, calling it a "counterclaim."

Claims

Claims caused by risks

Generally include contract risks, political risks, and economic risks, such as skyrocketing prices, changes in natural conditions, and complex construction site conditions , changes in various laws and regulations, etc.

Claims caused by changes in construction conditions

During the construction process, new changes will inevitably occur, especially design changes. The contractor's quotation is based on the original bidding documents and design Any construction drawings which alter the quantity and nature of the work or alter the construction procedure or construction plan for any part of the works shall be a change in accordance with the terms of the Contract if such changes affect the Contractor's costs. You can request a revaluation and an extension of the construction period.

Claims caused by large changes in the project quantity

If the project quantity is reduced significantly, it will cause the original equipment to be idle or abandoned, resulting in losses for the contractor and a loss of the project quantity. The changes also caused changes in the quantity of construction materials that the contractor had prepared, giving rise to claims. Changes in the quantity of work lead to changes in the original construction period, which may lead to extensions of the construction period or rush to work, resulting in abandonment, resulting in losses for the contractor. At the same time, changes in the quantity of work also cause changes in the quantity of construction materials prepared by the contractor, leading to claims. Claims arising from changes in the original construction period due to changes in project quantities, resulting in extension of the construction period or rush to work.

Claims caused by extension or delay of the construction period

Claims for extension or delay of the construction period usually include two aspects: one is the contractor's request to extend the construction period, and the other is the contractor's request for compensation. Losses caused by delays in the construction period due to reasons other than those of the contractor. During the construction of the project, factors such as weather, hydrology, geology, etc. will cause extension or delay of the construction period. The additional expenses incurred by the contractor will not be sufficient. It will inevitably lead to claims.

Claims caused by accelerated construction

When the progress of the project plan is disrupted, affecting the realization of the overall target construction period, resulting in the project not being completed on time, and the economic benefits of the owner being affected, the owner can Adopting rush measures and issuing accelerated construction instructions, requiring the contractor to invest more resources to complete the project and ensure the realization of the overall target construction period, this will inevitably lead to an increase in the contractor's project costs and cause claims from the contractor.

Claims caused by other reasons (owner's breach of contract)

Failure to provide construction sites (including three connections and one level) in a timely manner as required;

On-site water pipe flow, transformer capacity Not enough

Failure to deliver construction drawings on time;

Failure to pay project fees on time, resulting in the contractor's construction team not being able to enter the site in time for construction;

Because the owner or owner The construction period was delayed due to subcontracting reasons;

The construction period was delayed because the materials supplied by the owner did not arrive on time;

The construction drawings directly affected the construction and were not resolved within the specified time limit, which affected the construction period. The progress of the project has led to claims.

Party A requested to slow down the construction;

Counter claims

In order to protect their legitimate interests, the owner will inevitably have counter claims. Counter claims are usually used by owners to deal with claims from contractors.

During the implementation of the contract, both parties are looking for opportunities to claim compensation. Once an interference event occurs, both parties shirk their responsibilities and attempt to claim compensation. If you cannot effectively make a counterclaim, you will also suffer losses. So claims and counterclaims have an equally important relationship.

Prevent the other party from making claims

Active defense usually manifests itself in:

To prevent yourself from breaching the contract, you must act in accordance with the contract. By strengthening project management, especially contract management, the other party will not be able to find the reason and basis for claims. The project was implemented smoothly in accordance with the contract, no losses occurred, no claims were required, the parties to the contract had no disputes, achieved good cooperation results, and everyone was happy.

Both parties are often responsible for interference incidents that occur in actual projects. Many contractors adopt a preemptive strategy and file claims first. Strive for a favorable position in the claim, disrupt the opponent's position, and strive for the initiative. In addition, filing a claim as early as possible can prevent the claim opportunity from exceeding the time limit of the claim. (2) Counterattack the other party’s claim

In order to avoid and reduce losses, it is necessary to counter the other party’s claim. For contractors, this claim may come from the owner, general (sub)contractor, or supplier. The most common measures to counter the other party's claims are: 1. Use our claims to counter (balance) the other party's claims, eventually causing both parties to make concessions or not pay each other.

Rebut the other party’s claim report, find reasons and evidence to prove that the other party’s claim report does not comply with the provisions of the contract, is unfounded, inaccurate in calculation, and inconsistent with the facts, so as to shirk or even reduce your own liability for compensation. , so that you will not suffer or suffer less losses.

Others (our breach of contract)

The node did not meet the requirements of the contract;

The entire progress lagged behind;

The material test failed, Or losses caused by unqualified concrete rebound, etc.;

Water leakage from the house;

Materials were brought into the site, concealed, and tested without notifying Party A and the supervisor;

< p>To sum up, claims and counterclaims are defined based on different claim objects. Their fundamental purpose is that one party to the contract makes a compensation request to the other party for events caused by the other party’s responsibility. Claims and counterclaims are both It must be based on the contract, and the events that occurred must be true and the evidence is conclusive, the cost calculation must be reasonable and accurate, and the liability analysis must be clear, so that it is easy to handle for both parties to the contract and reduces disputes and disputes.

Project delay control

Project delay refers to the extension of the actual construction period relative to the contract period during the implementation of the project. If the extension of the construction period is due to the owner's reasons or objective conditions, the owner shall bear the responsibility and grant the contractor an extension or claim for compensation; if the extension of the construction period is due to the contractor's responsibility, the contractor shall pay liquidated damages to the owner for delay.

Reasons for extension

Except for the contractor's mistakes and breach of contract, if any of the following circumstances occurs, the supervising engineer shall fairly and reasonably consider granting an appropriate extension:

Additional or additional workload, such as an increase in the amount of earthwork.

Exceptionally harsh weather conditions.

Unfavorable geological conditions.

The impact of force majeure.

Any delay, obstruction or obstruction caused by the owner. Including: delay in the issuance of drawings or instructions, notices, etc., suspension of the project, delay in providing the site and its access channels, damage or delay in the project, delay in providing materials, etc.

Preventive control measures to reduce project delays

Proactively prevent and control progress delays

According to the contract duration requirements, prepare a comprehensive progress control plan and supervise The construction unit shall prepare a practical progress plan based on the characteristics of the project and fully anticipate possible construction obstacles and all changes.

Strictly review and approve the construction progress plan, check whether the construction unit's arrangement of the total construction period complies with the contract period, the construction sequence and time arrangement of each construction stage or unit project, and the review process of the access plan of materials and equipment. Consider various relevant conditions and factors comprehensively, carefully and in detail, and conduct repeated discussions and research with the construction unit until the construction process quality requirements and schedule plan goals are met.

Review whether the construction plan submitted by the construction unit meets the contract duration requirements, as well as the feasibility and rationality of the technical organization measures, the coordination and rationality of the general layout of the construction, the construction plan and the progress plan.

Use network technology to analyze and determine in advance various risk factors of various parts, processes and sub-projects on key lines in the network plan, and formulate corresponding pre-control measures.

Check whether the construction organization, staffing, qualifications and business level of the construction unit are in compliance with the construction bidding documents and commitments, whether they meet the needs of project construction, whether they can ensure the progress requirements of the project, and promptly urge the construction unit to make rectifications if problems are found Complete.

Analyze possible weak links, difficult construction procedures or immature techniques in the project construction in advance, and take effective measures to prevent any impact on the progress of the project construction.

Strengthen supervision and organize orderly construction

Change the concept of supervision, strengthen progress monitoring, break down the progress monitoring objectives layer by layer, and clarify the responsibilities of progress monitoring for all members of the supervision agency. Pay close attention to the implementation of progress monitoring.

Continuously optimize construction plans and progress plans, use network technology to carry out multi-level network dynamic control, and scientifically organize rhythmic flow operations and crossover and overlapping construction.

Adopt S-shaped curve progress control technology to compare actual values ​​with planned values, analyze the causes of deviations, and correct deviations in a timely manner. When it is discovered that the progress is delayed, the construction unit is promptly required to analyze the reasons for the delayed progress, study and adopt necessary countermeasures and measures, or increase the input of personnel, machinery, and materials, or compress the duration of key work, adjust the progress plan, and scientifically and rationally Organize parallel, overlapping, interspersed, and intersecting operations to meet the requirements of the construction period objectives.

Strengthen organization and coordination to avoid or reduce the occurrence of events that cause project delays: choose the appropriate time to issue the project start order; remind the construction unit to perform the responsibilities stipulated in the construction contract, etc.

Use comprehensive and balanced means of regular (weekly, monthly) progress plans and regular construction site meetings, regular special meetings, invitational discussions, etc. to coordinate the working relationships of all parties and solve various problems that hinder the progress of the project, including within the project , external collaboration and parallel, overlapping, interleaved, and cross-cutting operations of various professional projects, as well as issues such as resources, time, funds, and technology.

Essentially do a good job in statistics and summary of the actual completed workload (project quantity), fully grasp the actual project progress, and frequently analyze and compare with the planned values, discover problems in a timely manner, find out the causes, and formulate measures , adjust the plan, and do a good job in dynamic management of progress.

Know the construction situation in a timely manner, comprehensively collect and analyze the monthly construction machinery operation status of the construction unit, the attendance status of construction workers and management personnel, and the input status of materials, etc., to provide a basis for progress evaluation.

Take measures to supervise the arrival of manpower and machines

Increase the work content of on-site supervisors to supervise the progress, establish a progress monitoring account, and check and record each construction unit and each construction project on a daily basis The number of construction personnel, construction machinery and equipment on the working surface. Compare the progress monitoring ledger with the types and quantities of relevant construction personnel required or promised in the project documents, as well as the specifications and quantities of construction machinery configurations. If deviations are found, promptly order the construction unit to supplement or allocate construction personnel and projects as required or promised. Configuration, construction machinery, etc. Supervision engineers who are familiar with mechanical equipment are dispatched to regularly inspect and supervise construction units to maintain construction machinery and equipment.

Prevent problems before they occur and ensure quality assurance period

Do a good job in predicting hidden dangers in project quality, take preventive measures in advance for parts and processes that are prone to project quality problems, and strictly implement quality prevention Control, nip various quality hazards in the bud, and prevent delays in construction due to rework due to project quality issues.

Strictly monitor process quality, implement all-round, all-weather, and full-process side station supervision, implement quality acceptance throughout the entire process of project construction, and ensure that the quality of each part and process passes the quality acceptance at one time after the construction is completed. , to prevent delays in construction due to quality rectification.

Simplify the quality acceptance declaration procedures for construction units, organize quality acceptance of parts and processes in a timely manner, and minimize the on-site quality acceptance time and the review time of engineering documents.

Improve work efficiency, reduce blame-shifting, and organize the analysis and handling of quality incidents in a timely, scientific and proper manner.

Improve the environment, ensure safety and promote progress

Strengthen the supervision of safe and civilized construction, strengthen the inspection of safe and civilized construction, supervise the construction to continuously improve labor conditions, ensure safe and civilized construction, and promote the construction period with safety.

Regularly inspect and urge the construction unit to do a good job in fire prevention, anti-theft, epidemic prevention and safe electricity use, and promptly instruct the construction unit to take effective measures to implement rectification if problems are found.

Strictly require the construction unit to excavate earth in accordance with the regulations and leave sufficient working surface; for situations where the slope cannot be graded according to the regulations due to site conditions, or the excavation depth exceeds 5 meters, The construction unit is required to do a good job in slope support and pit edge protection.

Urge construction units to strengthen labor protection for front-line construction workers, issue money and supplies for heatstroke prevention and cooling to construction workers on time, and equip necessary labor protection supplies as needed.

Inspection and supervision of construction units to continuously improve on-site living conditions, increase the installation of temporary residential facilities on site, reduce the living density of construction workers, improve ventilation and lighting effects, create a warm living environment for construction workers, and ensure that construction workers Get enough sleep and devote yourself to construction with full energy.

Regularly check the environmental sanitation of the construction site and the sanitation of food and drinking water for construction workers to prevent the spread of epidemic diseases.

Management methods for project delays

Develop practical pre-control plans

Use bar chart, S-shaped curve, network planning technology, etc. to prepare detailed project plans Progress plan.

According to the construction procedures and target control, formulate plans for each stage, decompose each sub-item, and determine the sub-item plan goals.

Establish a progress management program chart to programmatically control project progress.

Use network planning technology, control theory, etc. to establish a network system for project implementation work plans, implement dynamic control of project progress, and ensure that project progress is implemented as planned.

Carry out risk analysis on the project progress, find out the control parts and process engineering on the key lines of the network diagram, analyze the factors most likely to cause project delays based on the on-site conditions, and take effective pre-control measures.

Develop corresponding progress control management forms and conduct progress management in a standardized and standardized manner.

Comprehensive and dynamic control

Incorporate all the work of the design unit, construction unit, supervision agency, and construction unit into plan management, and prepare a scientific, reasonable, and feasible overall progress network control plan.

Establish hierarchical control plans for design, bidding, equipment procurement, construction preparation, and construction stages, use network technology to implement dynamic management, and orderly organize the overlap and interspersion of plans in each stage to ensure the total construction period.

Establish a reward, penalty, and payment system

Set phased construction period goals, use contract means to establish and improve reward and punishment measures, and implement rewards for construction units in advance of the construction period and penalties for delays.

The phased payment method is implemented, and the project payment will be paid only when a certain amount or part of the project is completed, prompting the construction party to consciously meet the deadline in order to avoid economic pressure.

Optimize the construction plan, optimize the schedule

Review the construction plan, construction technology, schedule, and general layout of the construction unit. The implementation is simple, reliable, and economical, and the construction period fully meets the target requirements. construction plan and construction technology.

Use network technology to optimize and organize scientific flow operations and cross and overlapping construction.

Continuous progress monitoring

Check the construction work status of the construction unit on a daily basis, produce charts, daily, weekly and monthly reports, analyze the actual progress completion status, and analyze, evaluate and predict Progress trends.

Take remedial measures in a timely manner when problems are discovered, including instructing the construction unit to speed up the progress, adjusting the progress plan and construction procedures, methods, processes, etc.

Progress Coordination

Use regular (weekly, monthly) progress plan comprehensive balancing means and regular construction site meetings, regular special meetings, invitational discussions, etc. to coordinate the working relationships of all parties and resolve obstacles to progress Various issues, including internal and external collaboration and cross-operations within the project, resources, time, money, technology, etc.

Take necessary administrative and coercive measures

If the construction unit fails to take measures or the measures are ineffective, resulting in slow delay of the project, the supervision engineer can take the following measures:

Study with the construction unit to find out the key to existing problems and discuss possible solutions.

Invite the superior management department of the construction unit to negotiate and agree on possible action plans.

Insist on maintaining regular contact with the superior management department of the construction unit and convene joint meetings to monitor the progress of the project and ensure that the construction unit fulfills its commitments.

When the construction unit seriously breaches the contract and the facts are clear and the project cannot be completed on time, the supervision engineer can take the following measures:

It is recommended to replace the person who is not able to implement the schedule plan and has weak organizational management awareness. Construction workers or labor teams.

It is recommended to replace the project manager of the construction unit who does not have adequate measures and poor management.

When the serious delay and breach of contract by the construction unit will cause heavy losses to the construction unit, it is recommended that the construction unit adopt the relevant provisions of the contract, terminate the contract with the contracting unit, and subcontract all (or remaining) projects to other construction units. unit.

Procedure and signature for project extension

Procedure for project extension

After the extension occurs, the contractor shall submit the project to the supervising engineer within the time specified in the contract Apply for an extension and submit detailed information about the extension and relevant supporting documents in accordance with the contract.

For extension events that have a continuous impact, if the contractor is unable to submit the final detailed information within the time specified in the contract, it shall submit a temporary extension report and temporary extension to the supervision engineer within the time specified in the contract. details.

After receiving and confirming the temporary report submitted by the contractor, the supervision engineer shall promptly grant a temporary extension.

After the extension event is terminated, the contractor shall submit a formal extension application report and final details to the supervision engineer within the time limit specified in the contract.

The supervision engineer will calculate and determine the final extension based on relevant information.

Signature of project extension

The supervision engineer’s determination of extension should meet the following requirements:

The fact that the project is delayed exists.

The reasons affecting the delay are in compliance with the provisions of this project contract document.

The occurrence of postponement events will increase the total construction period.

Only if these three conditions are met at the same time, the extension application can be established. As for the calculation of time, the supervision engineer can make a fair and reasonable calculation based on his own records.

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