外文翻譯--工程索賠相關(guān)問題理論-其他專業(yè)(編輯修改稿)
2025-02-24 10:07 本頁面
【文章內(nèi)容簡介】 proval. Retention than the performance guarantee it more convenient, the performance guarantee normally only in the contractor serious breach of contract to use. (3) From within the performance guarantee deduction or confiscate the performance guarantee. (4) If the contractor a serious breach of contract, brings owners even take the above all kinds of measures was enough to pensate for losses, also can withhold the contractor in the materials, equipment, temporary facilities as pensation property, or by the law as a contractor a debt and demand pensation. The contractor to owner claims The contractor for a long time at low profits and high risk under the environment of the projects, must always have the face of market and risk of fully prepared for that. In terms of the FIDIC contract claim many, contractor will often quoted claim generally in these terms, including 12 of more important, it is the foundation of the claim, the central meaning is: in the execution of the contract, the contractor had made up standard do not meet can claim for pensation. Caused by the contract documents claim Once signed the contract, the parties have binding force, the binding legal protection. Contract documents including range is very wide, the most is the contract conditions, technical specifications, etc. Generally speaking, drawings and specifications of the problems occurred less, but also can appear each other do not agree with the original drawings or supplement not consistent, as well as to the technical specifications of the different explanations, in the case of the claim, about the contract conditions, qua ntity and price list problems more. 石家莊鐵道學(xué)院四方學(xué)院畢業(yè)論文 5 The contents of the claim of the conditions of the contract in the following two aspects: (1) The position of the contract documents from a claim for pensation. The contract is in the bidding by both parties through consultation after modification of the final determination, if change already will bid for contractor and the owner or before and after the tender mittee out document clarified the contract and sign the documents to clear, he should explain the contract before officially signed all kinds of documents are no longer effective associate. If you ignore this announcement, when letters content and the content are contradictory, be easy to cause the dispute to claim for pensation. (2) The contract defects. The contract for contract performance defects file does not rigorous even contradictory and contract of missing or mistake. This includes not only the merce clause of the defects, including technical specifications and drawings of the defects. To this, the supervision engineer shall have the right to make explanation, but if the contractor execution explains caused by increased costs or extension, is entitled to therefore put forward a claim for pensation. Because accident risk and unforeseeable causes of claims During the execution of the contract, if the accident risk and unforeseeable factors and the loss, he shall have the right to demand pensation to the owners. Accident risk including force majeure loss caused by natural disasters and
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