Contractor Prevent And Handle Claims Based On Win-Win Thought Of FIDIC

Construction claims is a important measure, which protect each party's interests in construction contract, and it's the core content of project contract management. It is becoming more and more important. as a significant index that reflects the level of the project contract management of a corporation and nation. However, sometimes contractor over-emphasized the claim on the construction market , or even claim to rely on profits, it will not only undertake a great deal of risk, but also violate the Win-Win thought in FIDIC Construction Contract Conditions. In order to help contractors improve their ability of claim management and proper understanding of the claim, thesis pointed out the sub-clauses which contractor should prevent the claim incident, and pointed out sub-clause which contractor should handle the claim incident throughout the FIDIC Construction Contract Conditions of a detailed analysis. Each sub-clause has made the key management of contractor claims.Thesis made a detailed discussion in the contractor's claim for the prevention and handle work. Thesis point out the whole project risk factors from the perspective of the system, throughout the identification of the claim's risk, including the method and principle of claim's risk identification. Then thesis combined with the claim sub-clauses identified the claim risks which contractor should prevent. The contractor prevent claims'concrete measures has been made out according to the measures of control claim's risksThesis made a further discussion on the handle claims in order to improve contractor's claims management level. Thesis points out two key control points of claims management in order to keep the win-win cooperation thought, throughout analyzing the process model of claims management. One is the claim's opportunity identification; the other is claims disputes resolution. The contract status theory has been introduced in order to make a better work in the claim opportunity identification Thesis pointing out the relationship between the contract original status, the contract ideal status and the contract real status, Thesis not only specify the methods of Ascertain the three contracts'status, but also make a detailed description of how to calculate claims based on contract status analysis. And then gives a case of application the contract status analysis. Finally, thesis put forward some recommendations by analyzing the different ways to handle the claim disputes.