Safety production claim planning and counter-claim measures?

Construction projects are affected by natural conditions such as topography, geology, hydrology and meteorology, and the construction conditions are complex, which may lead to poor consideration of engineering design or inconsistent conditions, and may also lead to various defects in engineering construction contracts, which will bring uncertain risks to contract performance and inevitably lead to claims. Construction claim is often a means for contractors to gain more profits and an effective way to safeguard their own interests. In construction projects, claim is a normal management business that often happens between both parties to the contract. We are used to calling the contractor's claim for loss compensation to the owner "construction compensation", and the purpose of compensation is mainly the cost of the construction period. The owner's claim against the contractor or the owner's claim against the contractor is reviewed according to the terms of the contract, and the unreasonable part of the claim is denied, which is called "counterclaim".

make a claim

Risk-induced claim

Generally, it includes contract risk, political risk and economic risk, such as skyrocketing prices, changes in natural conditions, complex construction site conditions, changes in various laws and regulations, and so on.

Claims caused by changes in construction conditions

In the process of project construction, new changes will inevitably occur, especially design changes. The contractor's quotation is calculated according to the original bidding documents and design drawings. According to the terms of the contract, changing the quantity and nature of any work in the construction drawings or changing the construction procedure or construction scheme of any part of the project is a change. If such changes affect the contractor's expenses, the contractor may request a re-evaluation and an extension of the construction period.

Claims caused by excessive changes in quantities.

If the engineering quantity is greatly reduced, the original equipment will be laid off or abandoned, which will lead to the loss of the contractor, the change of the engineering quantity and the change of the quantity of building materials prepared by the contractor, which will lead to the claim. Due to the change of engineering quantity, the original construction period changes, which leads to the extension of construction period or the rush of work, resulting in the loss of the contractor. At the same time, the change of engineering quantity also causes the change of the quantity of building materials prepared by the contractor, which leads to the claim. Claims arising from the extension of the construction period or the rush of work due to the change of the original construction period caused by the change of engineering quantity.

Claims caused by extension or delay of construction period

The claim for extension or delay of construction period usually includes two aspects: one is that the contractor requests to extend the construction period, and the other is that the contractor requests to pay the losses caused by the delay of construction period not caused by the contractor. In the process of construction, due to the influence of weather, hydrology, geology and other factors, the construction period will be extended or delayed, and the extra expenses of the contractor will inevitably lead to claims.

Claims arising from accelerated construction

When the planned progress of the project is disturbed, which affects the realization of the total target time limit for a project, so that the project cannot be completed on time and the economic benefits of the owner are affected, the owner can take measures to speed up the work and issue instructions to speed up the construction, requiring the contractor to invest more resources to complete the project, so as to ensure the realization of the total target time limit for a project, which will inevitably lead to the increase of the contractor's engineering expenses and the contractor's claims.

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

Failing to provide the construction site in time as required (including three links and one leveling);

Insufficient water pipe flow and transformer capacity on site.

Failing to deliver the construction drawings on time;

The contractor's construction team failed to enter the site in time due to the failure to pay the project payment on time;

The construction period is postponed due to the owner or the owner's subcontracting;

The construction period is delayed because the materials supplied by the owner cannot enter the site on time;

Because the construction drawing problem directly affects the construction, if it is not solved within the prescribed time limit, it will affect the progress of the project and cause claims.

Party A requests to slow down the construction progress;

countercharge

In order to protect their legitimate interests, owners will inevitably have counterclaims. Counterclaim is usually a means for the owner to deal with the contractor's claim.

During the execution of the contract, both parties are looking for opportunities to claim compensation. Once the interference event occurs, both parties pass the buck to each other in an attempt to claim compensation. If you cannot counterclaim effectively, you will also suffer losses. Therefore, claims and counterclaims are equally important.

Prevent the other party from making a claim

Active defense is usually manifested in:

In order to prevent yourself from breaking the contract, you should act according to the contract. By strengthening project management, especially contract management, the other party can't find the reason and basis for the claim. The project went smoothly according to the contract, without loss or claim. There was no dispute between the two parties to the contract, and good cooperation results were achieved. Everyone was very happy.

Interference incidents in actual projects are often the responsibility of both parties, and many contractors take the 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 loss of the opportunity to claim beyond the time limit. (2) refute each other's claims

In order to avoid and reduce the loss, we must counter the other party's claim. For contractors, such claims may come from owners, general (sub-contractors) and suppliers. The most common measures to counter the other party's claim are: 1. Use our claim to counter (balance) the other party's claim, and finally let both parties make concessions or not compensate each other.

Refute the other party's claim report, find out the reasons and evidence, and prove that the other party's claim report is inconsistent with the contract, unfounded, inaccurate in calculation, and inconsistent with the facts, so as to shirk or even reduce one's liability for compensation, so that one will not suffer or suffer less losses.

Other (our default)

The node does not meet the contract requirements;

The overall progress is lagging behind;

Loss caused by unqualified material test or unqualified concrete rebound;

House leakage;

Party A and the supervisor were not informed of the materials' entry, concealment and debugging;

To sum up, claims and counterclaims are defined according to different claim objects, and their fundamental purpose is to require one party to compensate the other party for the events caused by the other party's responsibility. Claims and counterclaims must be based on the contract, requiring that the events that occurred are true and conclusive, the cost calculation is reasonable and accurate, and the responsibility analysis is clear, which is convenient for both parties to handle and reduce disputes and disputes.

Project delay control

Project delay refers to the extension of the actual construction period relative to the contract construction period in the process of project implementation. If the construction period is prolonged due to the owner's reasons or objective conditions, the owner shall bear the responsibility and give 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.

Reasons for delay

In addition to the contractor's mistakes and breach of contract, if any of the following circumstances occur, the supervision engineer shall consider giving an appropriate extension fairly and reasonably:

Extra or extra workload, such as an increase in earthwork.

Unusually bad weather conditions.

Adverse geological conditions.

The influence of force majeure.

Any delay, obstruction or prevention caused by the owner. Including: delay in issuing drawings or instructions, notices, etc. , engineering suspension, delay in providing the site and its access road, engineering damage or delay, delay in providing materials, etc.

Pre-control measures to reduce project delay

Proactive pre-control to prevent the progress from being delayed.

According to the requirements of the contract period, make a comprehensive schedule control plan, and urge the construction unit to make a feasible schedule plan according to the characteristics of the project, and fully foresee the possible construction obstacles and all changes.

Strictly examine and approve the construction progress plan, check whether the total construction period arrangement of the construction unit conforms to the contract time limit for a project, the construction sequence and time arrangement of each construction stage or unit project, and the review process of materials and equipment mobilization plan, comprehensively, meticulously and in detail consider various relevant conditions and factors, and discuss and study with the construction unit repeatedly until the quality requirements and progress objectives of the construction process are met.

Check whether the construction scheme submitted by the construction unit meets the requirements of the contract period, the feasibility and rationality of technical organization measures, and the coordination and rationality of the general layout of construction, construction scheme and schedule.

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

Check whether the construction organization, staffing, qualification and business level of the construction unit conform to the construction bidding documents and commitments, whether it meets the needs of the project construction, whether it can guarantee the progress requirements of the project, and urge the construction unit to make rectification in time when problems are found.

Analyze the possible weak links, difficult processes or immature technologies in the project construction in advance, and take effective measures to prevent the project construction progress from being affected.

Strengthen supervision and organize orderly construction.

Change the concept of supervision, strengthen progress monitoring, decompose the objectives of progress monitoring layer by layer, clarify the responsibilities of all the supervision institutions, and do a good job in the implementation of progress monitoring layer by layer.

Constantly optimize the construction plan and schedule, use network technology, carry out multi-level network dynamic control, and scientifically organize rhythmic flow operation and overlapping construction.

S-curve schedule control technology is used to compare the actual value with the planned value, analyze the reasons for the deviation and correct it in time. When the progress is delayed, the construction unit is required to analyze the reasons for the delay in time, study and take necessary countermeasures and measures, or increase the investment of personnel, machinery and materials, or compress the time limit for key work, adjust the schedule, and organize parallel, overlapping, interspersed and crossed operations scientifically and reasonably to meet the time limit requirements.

Strengthen organization and coordination to avoid or reduce the occurrence of events that lead to project delay: choose the right time to issue the project commencement order; Remind the construction unit to perform the duties stipulated in the construction contract.

Through regular (weekly, monthly) schedule, on-site regular meeting, special meeting and invited discussion, we will comprehensively balance, coordinate the working relationship between all parties, and solve various problems that hinder the progress of the project, including the internal and external cooperation of the project, the parallel, overlapping, interspersed and cross-working of various professional projects, and resources, time, funds and technology.

Earnestly do a good job in the statistics and summary of actual workload (quantity), fully grasp the actual progress of the project, and often analyze and compare with the planned value, find problems in time, find reasons, formulate measures, adjust plans, and do a good job in dynamic management of progress.

Grasp the construction situation in time, comprehensively collect and analyze the monthly operation of construction machinery, attendance of construction personnel and management personnel, and material input of the construction unit, so as to provide a basis for progress assessment.

Take measures to urge the man-machine in place.

Increase the work content of on-site supervisors to supervise the progress, establish a schedule monitoring account, and check and record the number of construction personnel and construction machinery and equipment of each construction unit and each construction operation surface day by day. Compare the progress monitoring account with the type and quantity of construction personnel required or promised in the engineering documents, as well as the specifications and quantity of construction machinery configuration. If any deviation is found, timely order the construction unit to supplement or allocate construction personnel, engineering configuration and construction machinery as required or promised. Send supervision engineers who are familiar with machinery and equipment to regularly check and urge the construction unit to maintain construction machinery and equipment.

Nip in the bud and ensure the warranty period.

Do a good job in predicting the hidden dangers of engineering quality, take preventive measures in advance for the parts and processes prone to engineering quality problems, strictly implement quality pre-control, nip all kinds of hidden dangers in the bud, and prevent delays in the construction period due to rework of engineering quality problems.

Strict process quality monitoring, omni-directional, all-weather, the whole process of the implementation of on-site supervision, the quality acceptance throughout the whole process of engineering construction, to ensure that all parts, process quality through the quality acceptance at one time after the survival of construction, to prevent delays due to quality rectification.

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

Improve work efficiency, reduce buck passing, and timely, scientifically and properly organize the analysis and handling of quality accidents.

Improve the environment, ensure safety and promote progress.

Strengthen the supervision of safe and civilized construction, strengthen the inspection of safe and civilized construction, urge the construction to continuously improve working 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, theft prevention, epidemic prevention and safe use of electricity, and instruct the construction unit to take effective measures to implement rectification in time when problems are found.

Strictly require the construction unit to carry out earthwork excavation according to the specified requirements, and leave enough working faces; Due to the site conditions, the slope can not be put as required, or the excavation depth exceeds 5 meters, so the construction unit is required to do a good job in slope support and pit side enclosure.

Supervise the construction unit to strengthen the labor protection of front-line construction personnel, distribute funds and materials for heatstroke prevention and cooling to the construction personnel on time, and allocate necessary labor protection articles as needed.

Check and urge the construction unit to continuously improve the living conditions on site, increase the erection of temporary living facilities on site, reduce the living density of construction workers, improve the ventilation and lighting effect, create a warm living environment for construction workers, and ensure that construction workers get enough sleep and put into construction energetically.

Regularly check the hygiene of the construction site and the hygiene of the food and drinking water of the construction personnel to prevent the spread of infectious diseases.

Measures for the Administration of Project Delay

Make a feasible pre-control plan

Use crossplot, S curve, network planning technology, etc. , make a detailed project schedule.

According to the construction procedure and target control, make plans for each stage, decompose each sub-item, and determine the sub-item plan target.

Establish a schedule management program chart to control the project schedule in a programmatic way.

Using network planning technology and control theory, the project implementation planning network system is established to dynamically control the project progress and ensure the project progress is implemented as planned.

Analyze the risk of project progress, find out the control parts and process items on the key lines of the network diagram, analyze the factors that are most likely to cause project lag according to the field situation, and take effective pre-control measures.

Make the corresponding schedule control management table, and manage the schedule in a standardized and standardized way.

Overall dynamic control

All the work of design units, construction units, supervision institutions and construction units should be included in the plan management, and a scientific, reasonable and feasible total schedule network control plan should be prepared.

Establish a hierarchical control plan for design, bidding, equipment procurement, construction preparation and construction stages, implement dynamic management by using network technology, and orderly organize cross-cutting plans for each stage to ensure the total construction period.

Establish a reward and punishment and payment system.

Establish phased time limit for a project objectives, establish and improve reward and punishment measures in the form of contracts, and reward the construction units in advance and punish them afterwards.

The installment payment method is implemented, and the project payment is only paid after a certain amount of work or part is completed, which urges the construction party to consciously catch up with the construction period and avoid economic pressure.

Optimize the construction plan and schedule.

Review the construction scheme, construction technology, progress plan and general layout of the construction unit, and adopt a simple, reliable, economical construction scheme and construction technology that fully meets the target requirements.

Use network technology to optimize and organize scientific assembly line and overlapping construction.

Continuous progress monitoring

Check the construction operation dynamics of the construction unit day by day, make charts, daily reports, weekly reports and monthly reports, analyze and evaluate the actual progress, and predict the progress trend.

Take remedial measures in time when problems are found, including instructing the construction unit to speed up the progress and adjusting the progress plan and construction procedures, methods and techniques.

Progress coordination

Comprehensive balance is achieved through regular (weekly, monthly) progress plans, on-site regular meetings, special meetings, and invited discussions. We will coordinate the working relationship between all parties and solve various problems that hinder the progress, including internal and external cooperation and cross-operation, resources, time, funds and technology.

Take necessary administrative and compulsory measures.

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

Find out key problems and discuss possible solutions with the construction unit.

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

Keep in touch with the superior management department of the construction unit on a regular basis, hold joint meetings, supervise the progress of the project, and ensure that the construction unit fulfills its commitments.

When the construction unit is in serious breach of contract and the facts are clear, it is impossible to complete the project on schedule, the supervision engineer may take the following measures:

It is suggested to replace the construction workers or labor teams who are ineffective in implementing the progress plan and have a weak sense of organization and management.

It is suggested to replace the project manager of the construction unit with inadequate measures and poor management.

When the serious delay and breach of contract of the construction unit will cause heavy losses to the construction unit, it is suggested that the construction unit can take the relevant terms of the contract, terminate the contract with the contractor and subcontract all (or remaining) projects to other construction units.

Procedures and signing of project extension

Project extension procedure

After the delay occurs, the contractor shall submit an application for project extension to the supervision engineer within the time stipulated in the contract, and submit the detailed information and relevant supporting documents about the extension as stipulated in the contract.

If the contractor fails to submit the final details within the time stipulated in the contract for the delay event with lasting influence, it shall submit the temporary delay report and temporary details to the supervision engineer within the time stipulated in the contract.

After receiving and confirming the interim report submitted by the contractor, the supervision engineer shall give a temporary extension in time.

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

The supervision engineer shall calculate and determine the final extension according to relevant data.

Signing and approval of project extension

The extension determined by the supervision engineer shall meet the following requirements:

The fact that the project is delayed exists.

The reasons affecting the extension are in accordance with the provisions of the contract documents of this project.

Delayed events will increase the total construction period.

Only when these three items are met at the same time can the application for extension be established. As for the calculation of time, the supervision engineer can make a fair and reasonable calculation according to his own records.

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