鋼結構工程索賠與反索賠管理研究
發(fā)布時間：2018-07-24 21:02
【摘要】：建筑業(yè)由于其能帶動上下游很多的產(chǎn)業(yè),而且能解決大量的就業(yè),一直以來都是我國的支柱產(chǎn)業(yè),改革開放后,建筑市場的快速發(fā)展,特別是2008年金融危機以后,國家推出了4萬億財政刺激計劃,其中大量的資金投入到基礎設施項目的建設中。而隨著中國加入WTO,國外有著先進管理理念的公司紛紛進入中國建筑市場承攬業(yè)務,中國的建筑行業(yè)格局發(fā)生了重大的變化。按照《政府采購協(xié)議》,國內(nèi)的建筑市場將完全開放,國外的建筑企業(yè)擁有與國內(nèi)建筑企業(yè)相同的待遇,市場完全放開后,不管是國內(nèi)的工程公司承接國內(nèi)的工程,還是國外的工程公司承接國內(nèi)的工程,由于國外建筑企業(yè)管理相對成熟,特別是在工程索賠上的對規(guī)則的把握和對索賠機會捕捉的敏銳程度,都比國內(nèi)企業(yè)要做得好。國內(nèi)關于索賠的研究是從八十年代開始,遠遠落后于西方發(fā)達國家,為了能在與發(fā)達國家的工程公司合作中避免處于被動地位,國內(nèi)工程領域的專家、學者做了大量索賠方面的研究,包括從業(yè)主的角度出發(fā),如何規(guī)避被承包商索賠,從承包商的角度出發(fā),如何避免被業(yè)主索賠等方面都進行了大量研究,同時,對于索賠過程中的如何正確、合理地計算工期和費用索賠都做了大量工作。如丁士昭在2006年編著的《建筑工程合同管理與索賠》和2008年編著的《國際工程施工索賠》中對工程項目建設中承包商索賠管理、索賠機會的把握、索賠證據(jù)的收集、索賠事件的處理等方面進行了專門的研究,這對施工企業(yè)在工程,特別是涉外工程中如何處理索賠事件具有重大的指導意義。本文從承包商的角度,結合自己在工作中遇到的索賠案例,對建筑工程中的專業(yè)承包——鋼結構制作過程中經(jīng)常碰到的索賠和反索賠問題進行初略地探討,并提出有針對性的防范索賠措施。國內(nèi)現(xiàn)在對整個廣義的建筑工程討論比較多,針對鋼結構的索賠研究論文基本上沒有,希望通過本文的論述,對國內(nèi)的鋼結構企業(yè)在走出國門去承接工程時提供參考借鑒,可以把握重點,量力而行,在對項目進行決策時就應充分考慮風險,切不可一味地為了企業(yè)走出戰(zhàn)略,忽視項目內(nèi)在的一些風險,結果在合同執(zhí)行過程中被業(yè)主索賠,給企業(yè)和國家?guī)斫?jīng)濟損失。 由于本人學識有限加上資料缺乏,文中難免有疏漏和謬誤,非常歡迎各位專家指正。
[Abstract]:The construction industry has always been the pillar industry of our country because it can drive many upstream and downstream industries and solve a lot of employment. After the reform and opening up, the construction market has developed rapidly, especially after the 2008 financial crisis. The country has launched a $4 trillion fiscal stimulus plan, with a lot of money spent on infrastructure projects. With China's accession to WTO, foreign companies with advanced management concepts have entered the Chinese construction market to contract business, China's construction industry pattern has undergone significant changes. According to the Agreement on Government Procurement, the domestic construction market will be completely opened, and foreign construction enterprises will have the same treatment as domestic construction enterprises. After the market is completely liberalized, no matter if it is domestic engineering companies that undertake domestic projects, Or foreign engineering companies to undertake domestic projects, because foreign construction enterprises relatively mature management, especially in engineering claims on the grasp of the rules and keen to seize the opportunity to claim, are better than domestic enterprises to do. Domestic research on claims began in the 1980s, far behind the western developed countries. In order to avoid being passive in cooperation with engineering companies in developed countries, domestic experts in the field of engineering, Scholars have done a lot of research on claim, including how to avoid the claim of the contractor, how to avoid the claim from the owner's point of view, and how to avoid the claim. At the same time, A great deal of work has been done on how to correctly calculate the time limit and cost claim in the process of claim. For example, Ding Shizhao, in "contract Management and claims for Construction Engineering" in 2006 and "International Project Construction claims" in 2008, has made use of the claim management, the opportunity to claim, and the collection of claim evidence in the construction of the project. Special research has been carried out on the handling of claim events, which is of great significance to the construction enterprises in how to deal with claims in engineering, especially in foreign projects. From the point of view of contractor, combining with the claim cases encountered in his own work, this paper makes a brief discussion on the problems of claims and counterclaims often encountered in the process of making professional contracting-steel structures in construction projects. And put forward the targeted measures to prevent claims. At present, there is more discussion on the whole construction engineering in the broad sense in our country, but there is basically no research paper on the claim for steel structure. It is hoped that through the discussion of this paper, the domestic steel structure enterprises will provide reference when they go out of the country to undertake the project. We can grasp the key points and do what we can. When we make decisions on the projects, we should take full account of the risks. We must not blindly go out of the strategy for the enterprises and ignore some inherent risks of the projects. As a result, the owners will claim for compensation in the process of contract execution. Bring economic losses to enterprises and countries. Due to my limited knowledge and lack of information, there will inevitably be omissions and fallacies in this paper.
【學位授予單位】：浙江大學
【學位級別】：碩士
【學位授予年份】：2013
【分類號】：TU723
本文編號：2142646
[Abstract]:The construction industry has always been the pillar industry of our country because it can drive many upstream and downstream industries and solve a lot of employment. After the reform and opening up, the construction market has developed rapidly, especially after the 2008 financial crisis. The country has launched a $4 trillion fiscal stimulus plan, with a lot of money spent on infrastructure projects. With China's accession to WTO, foreign companies with advanced management concepts have entered the Chinese construction market to contract business, China's construction industry pattern has undergone significant changes. According to the Agreement on Government Procurement, the domestic construction market will be completely opened, and foreign construction enterprises will have the same treatment as domestic construction enterprises. After the market is completely liberalized, no matter if it is domestic engineering companies that undertake domestic projects, Or foreign engineering companies to undertake domestic projects, because foreign construction enterprises relatively mature management, especially in engineering claims on the grasp of the rules and keen to seize the opportunity to claim, are better than domestic enterprises to do. Domestic research on claims began in the 1980s, far behind the western developed countries. In order to avoid being passive in cooperation with engineering companies in developed countries, domestic experts in the field of engineering, Scholars have done a lot of research on claim, including how to avoid the claim of the contractor, how to avoid the claim from the owner's point of view, and how to avoid the claim. At the same time, A great deal of work has been done on how to correctly calculate the time limit and cost claim in the process of claim. For example, Ding Shizhao, in "contract Management and claims for Construction Engineering" in 2006 and "International Project Construction claims" in 2008, has made use of the claim management, the opportunity to claim, and the collection of claim evidence in the construction of the project. Special research has been carried out on the handling of claim events, which is of great significance to the construction enterprises in how to deal with claims in engineering, especially in foreign projects. From the point of view of contractor, combining with the claim cases encountered in his own work, this paper makes a brief discussion on the problems of claims and counterclaims often encountered in the process of making professional contracting-steel structures in construction projects. And put forward the targeted measures to prevent claims. At present, there is more discussion on the whole construction engineering in the broad sense in our country, but there is basically no research paper on the claim for steel structure. It is hoped that through the discussion of this paper, the domestic steel structure enterprises will provide reference when they go out of the country to undertake the project. We can grasp the key points and do what we can. When we make decisions on the projects, we should take full account of the risks. We must not blindly go out of the strategy for the enterprises and ignore some inherent risks of the projects. As a result, the owners will claim for compensation in the process of contract execution. Bring economic losses to enterprises and countries. Due to my limited knowledge and lack of information, there will inevitably be omissions and fallacies in this paper.
【學位授予單位】：浙江大學
【學位級別】：碩士
【學位授予年份】：2013
【分類號】：TU723
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