钢结构工程索赔与反索赔管理研究
发布时间：2018-07-24 21:02
【摘要】：建筑业由于其能带动上下游很多的产业,而且能解决大量的就业,一直以来都是我国的支柱产业,改革开放后,建筑市场的快速发展,特别是2008年金融危机以后,国家推出了4万亿财政刺激计划,其中大量的资金投入到基础设施项目的建设中。而随着中国加入WTO,国外有着先进管理理念的公司纷纷进入中国建筑市场承揽业务,中国的建筑行业格局发生了重大的变化。按照《政府采购协议》,国内的建筑市场将完全开放,国外的建筑企业拥有与国内建筑企业相同的待遇,市场完全放开后,不管是国内的工程公司承接国内的工程,还是国外的工程公司承接国内的工程,由于国外建筑企业管理相对成熟,特别是在工程索赔上的对规则的把握和对索赔机会捕捉的敏锐程度,都比国内企业要做得好。国内关于索赔的研究是从八十年代开始,远远落后于西方发达国家,为了能在与发达国家的工程公司合作中避免处于被动地位,国内工程领域的专家、学者做了大量索赔方面的研究,包括从业主的角度出发,如何规避被承包商索赔,从承包商的角度出发,如何避免被业主索赔等方面都进行了大量研究,同时,对于索赔过程中的如何正确、合理地计算工期和费用索赔都做了大量工作。如丁士昭在2006年编著的《建筑工程合同管理与索赔》和2008年编著的《国际工程施工索赔》中对工程项目建设中承包商索赔管理、索赔机会的把握、索赔证据的收集、索赔事件的处理等方面进行了专门的研究,这对施工企业在工程,特别是涉外工程中如何处理索赔事件具有重大的指导意义。本文从承包商的角度,结合自己在工作中遇到的索赔案例,对建筑工程中的专业承包——钢结构制作过程中经常碰到的索赔和反索赔问题进行初略地探讨,并提出有针对性的防范索赔措施。国内现在对整个广义的建筑工程讨论比较多,针对钢结构的索赔研究论文基本上没有,希望通过本文的论述,对国内的钢结构企业在走出国门去承接工程时提供参考借鉴,可以把握重点,量力而行,在对项目进行决策时就应充分考虑风险,切不可一味地为了企业走出战略,忽视项目内在的一些风险,结果在合同执行过程中被业主索赔,给企业和国家带来经济损失。 由于本人学识有限加上资料缺乏,文中难免有疏漏和谬误,非常欢迎各位专家指正。
[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.
【学位授予单位】：浙江大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：TU723
本文编号：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.
【学位授予单位】：浙江大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：TU723
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