Studies On Application Of The Claim And Counterclaim In Engineering Construction

Project management is the core of contract management, and contract management is the core claims management. For a long time, due to the constraints of the planned economic system and legal concepts and contractual awareness of the weak, the Chinese engineering community there is no strict sense of the construction claims, construction claims domestic research only at the initial stage. Construction covered by the claim covers a very broad, it relates to project management, engineering, contract valuation, design, trade, law, economics, public relations and many other professional disciplines, engineering, construction claims and counter-claim is a comprehensive combination of knowledge, integrated use.Now that China has joined WTO, the construction industry both in the face of opportunities and challenges. International construction market, the two sides of the construction work is more emphasis on the claim, the claimant can not only to safeguard the legitimate rights of the claimant's own, improve economic efficiency, but also to prevent counter-claims in order to reduce or avoid the loss of the enterprises themselves. Therefore, China must speed up the construction claims management theory and its applied research, to make it more workable and practical in order to right our project management practitioners for guidance role in enhancing the project construction claim success rate. Construction Claim after the incident, the claimant side claims analysis, management, presented a valid claim, its main purpose is to obtain claims for compensation, to avoid undue losses, and protect their own rights and interests; counter-claim side has to be counter-claim management, proposed by the Claimant claims analysis to find unreasonable demands and to carry out counter-claim, thus safeguarding their own interests. Claims and counter-claim as an important part of the implementation phase of projects, and its success or otherwise of the claim of great significance to both sides, and is directly related to the claims of both economic efficiency.Papers on China's construction market through the construction claims management a description of the status quo, respectively, the following aspects of the claim to explore and research:①the claims related to the concept of the classification of claims as well as the importance of construction claim②theoretically explained by reason of claims, claims opportunity to dispute the claim handling research, improve the working procedures of the claim:③apply basic knowledge of game theory, combined with the characteristics of construction claims, construction claims set up the game and counter-claims model and the construction claim disputes game model, and use engineering examples were verified. Paper studied the contents of the contract for construction of both a reasonable claim to improve the success probability of the claim and how to resolve claims disputes provide a number of possible ways and suggestions.