Claim is a science and an art, which integrates technology, economy, management, law and public relations. Claim is an effective way for construction enterprises to improve project management level, and it is also an important channel for enterprises to control project cost, increase construction income, realize open source and reduce expenditure, and improve economic benefits.
I. The meaning of the claim
Claim refers to the behavior that one party demands compensation when it fails to perform its obligations stipulated in the contract or suffers losses due to the risks borne by the other party during the performance of the contract. As a legal claim, claim is a normal, massive and ubiquitous contract management business between the owner and the contractor, and it is a reasonable behavior based on law and contract.
Second, the claim strategy
It should be an important part of business strategy, and it must reflect the coordination and unity of the whole business strategy and long-term interests and immediate interests, and the overall interests and local interests.
1. Actively create claim opportunities. For example, when bidding, we should carefully conduct on-site reconnaissance, carefully analyze and study contract terms, measurement and payment rules, drawings, etc. For those projects that can claim for compensation or may increase the engineering quantity in the future, the unit price should be set as high as possible in order to obtain higher claim price in the future.
2. Seize the claim opportunity in time. Once the claim opportunity is found, the claim notice should be issued in time, and the claim cannot be made after the project is completed and accepted.
3. Actively cooperate with project management. The contractor shall carry out the construction seriously in accordance with the design, contract, construction specifications and engineering changes, ensure the quality and duration of the project, strive to overcome the construction difficulties caused by special risks or irresistible natural disasters, reduce the possible losses caused by adverse construction interference, and satisfy the owners and engineers. This is the basic condition for successful claim. The good performance of the contractor also has the significance of preventing the owner from counterclaiming.
4. Adhere to the position of friendly consultation. In engineering project claims, friendly negotiation is often easier to resolve disputes than sharp confrontation. Any party who wants to overwhelm the other party with a fierce offensive in the negotiation, or tries to solve the claim in the form of arbitration or litigation at the beginning, often backfires.
5. Handle claims flexibly. For events with high claim amount and wide influence, the owner is generally more concerned and more familiar with the efforts made by the contractor to deal with such events. Therefore, the claims for such incidents are easily understood and recognized by the owners. For minor claims, we should take appropriate soft treatment, that is, give up the claim, but send an understanding notice to the owner in time to express the sincerity of friendly cooperation. This will not only maintain a harmonious cooperative relationship with the owners, but also make claims easier.
Third, the main measures of claim management
1, improve business ability. Claim is a systematic project, and its knowledge involves project management, technology, economy, laws and regulations and so on. Information comes from owners, supervisors, internal functional departments and grass-roots units, and claim management runs through the whole process of the project and every link and stage of project implementation. In order to organize the claim, we must have a full understanding of the contract conditions (including contract, bid-winning notice, instructions for bidding, tender, general terms and conditions, special terms and conditions, technical specifications, drawings, lists and various attachments, etc.). ), at the same time, we must master some systematic knowledge of engineering technology, law and FIDIC, and have certain comprehensive coordination management ability. Improve the individual's comprehensive quality and make it a compound talent with skills, management, economy and law. Improve personal claim business ability, dare to claim, be good at claiming, and meet the new requirements of enterprises for project cost management personnel in the highly competitive construction market.
2. Improve the project management level. Claim is the main part of project management, which is closely related to engineering technology, quality, operation, financial management, document management and public relations. To claim successfully, we must improve the management level of the whole project and improve the management mechanism. The success of project claim lies not only in the efforts of project cost personnel or claim team, but also in the cooperation of various functional departments of project management. The claim ability of the project reflects the comprehensive management level of the project to a certain extent, which requires all functional personnel to effectively manage all aspects of contract implementation during the whole contract period.
3. Fulfill the contract in good faith, honor the contract promises and create a relaxed claim environment. Facts have proved that a project with slow progress and poor quality can't have any good benefits. Only with fast progress and good quality can we get favorable comments from the owners, thus relaxing the claim. Of course, creating a relaxed claim environment is also inseparable from good citizen relations, but first of all, we must put "doing well" in the first place.
4. Do a good job in establishing claims and pay attention to strategies and methods. The process of project establishment is the process of finding opportunities and creating opportunities to make claims. Engineering cost personnel must work hard, analyze and study the claim opportunities, claims reasons and evidence in a large number of complex contract documents, various engineering materials and financial accounting materials, and do not miss any opportunities and clues, and actively put forward favorable and feasible change schemes, such as changing models, improving standards and changing construction technology. , you can often avoid low prices and achieve the effect of reducing losses and increasing profits. Always pay attention to the claims of other contractors, which may be helpful to the establishment of your own claims.
5. Closely follow up and settle the claim as soon as possible. The claim report cannot be submitted at one time, so a special person should be appointed to keep in touch with the supervision engineer and the owner, strengthen communication, and facilitate an early reply to the claim.
6. Formulate the claim incentive mechanism. In order to encourage and support the positive development of claims, we should formulate claims management methods with incentive mechanism and give certain material rewards to those who have made meritorious claims. Encouraged by this policy, all functional personnel in the project department can always regard claim as an important part of project management.
The detailed information of "Claim Strategies and Measures of Construction Enterprises" can be found in Zhong Da Consulting & Construction Link, and all relevant construction information you want is available.
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