Study The Contractor Claim Based On FIDIC Contract Conditions

FIDIC is the international Federation of consulting engineers(Federation lnternationale Des lngenieurs Consei) French abbreviation; FIDIC contract conditions, it is summarized in the world after the construction experience of the project, based on the England ACE model, compiled by the international federation of consulting engineers in the early 20 th century a set of international engineering contract demonstration text. Engineering claim is according to the contract and the relevant legal provisions, in the construction process, for the implementation of the contract by one party fails to perform the contract or not properly to perform the duty of construction contract terms set, causes the other party suffered substantial losses, thus to put forward the corresponding compensation to the party.Fierce competition of international engineering project market under the impact of the financial crisis in 2008, the contracted project is limited to further cuts, the contractor to increase the competitive power tend to lower bid price, which makes this is at a disadvantage in the contractor’s ability to resist risk weak, once appear problem is likely to face a loss. Thus cause the attention of engineering contracting industry increasingly engineering claim, not only because it is the core content of construction contract management, but also because it is an important means of the contractor to maintain their legitimate rights and interests, it claims for contractor management level update, higher requirements are put forward. Thanks to our country in recent years, more and more contractors in the international engineering project market fierce competition, the inexperience and lack of consciousness of the influence of such factors as claim, make its have the the world’s leading and claim management level of an there is gap between the international contractors. Therefore, based on the known as the "bible" civil engineering of FIDIC contract, study relevant laws and regulations, explore our contractor claim of quality deficiencies and put forward reasonable Suggestions, has important guiding significance, this is also our study to explore the significance of this article.Based on conditions of FIDIC contract text, in the content, nature, characteristics and so on are concisely described, based on the theory of the its, claims management of FIDIC contract conditions are discussed in this paper and the research, discusses the content of claim management, characteristics and legal basis, and according to the different factors on the claim to classify, enumerated the basic procedures, for the deeper research of later. Of FIDIC contract condition after time claim and cost claim are studied, the analysis of the potential relationship between the two, combined with the specific case put the theory into practice, to further research and claims management thinking. Specific provisions of the second half of the paper contrast China’s claims in construction contract management, analysis of the defects in the management in our country at present and give feasible Suggestions, put forward rational solutions, providing a reference for the engineering contracting enterprises in our country, in order to improve the level of claim management, the promotion in the international engineering project market competitiveness boost the role. In this paper, including the following findings:(1) analyzed the FIDIC contract conditions of the relevant claim terms, on the basis of the FIDIC contract conditions of claim management is discussed and the research;(2) types of engineering claims made from different angles, enumerated the basic procedural steps, as the later time claim and cost claim provides a theoretical basis;(3) the time claim and cost claim the calculation method of research, and demonstrates the potential relationship between;...