Abstract:
During the performance of the construction contract,visa and claim is an effective way for construction enterprises to reduce cost and improve revenue and is the key link that determines the economic benefit of the contractor.Improper claims and lack of evidence is one of the reasons leading to the failure of claim.This article analyzes the matters needing attention in visa and claim from several aspects: basis of claim,causes of claim,argument data,validity of claim and claim report.Keywords:
Argument (complex analysis)
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Purpose – The aim of this paper is to explore the hypothesis that a contractor is entitled to payment for “constructive” acceleration implemented to avoid liquidated damages when denied a warranted time extension request by the employer or certifier under an English law construction contract. This claim is recognised in the US legal system, but not elsewhere. Design/methodology/approach – This paper adopts a “black letter” approach to reviewing the claim of constructive acceleration within the context of English and Commonwealth case law, from the perspective of a claimant contractor. Findings – The research presented in this paper concludes that whilst claims for constructive acceleration are unlikely to succeed in an English court on the basis of US law, a claim might be supportable on more orthodox common law grounds. These include implied instructions under the contract, breach of the contract based on the employer or certifier’s failure to operate the contract, mitigation of damages, unjust enrichment and tortious intimidation. Research limitations/implications – The focus of this paper is placed on English, Unites States, Canadian and Australasian case law. Practical implications – The range of potential legal grounds for constructive acceleration examined in this paper provides a toolkit for practitioners preparing to make or defend constructive acceleration claims. This paper also bring more clarity to a potential legal problem faced by practitioners in circumstances of significant tension and limited time. Originality/value – This paper provides a useful information source for practitioners faced with the prospect of advancing or defending constructive acceleration claims, and it provides a foundation for future related studies examining a wider scope of jurisdictions.
Constructive
English law
Breach of contract
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Project claim becomes an important way of obtaining profit for the contractors, and also a major method to maintain their right and interests for the employers as long as keen competition in the construct market. Project claim is beneficial to comply with the construct contract, to guarantee the quality of project, to carry out the time limit for the project strictly for the two parties. It is very important to perform the construct contract comprehensive and strictly.
Project finance
Basis of estimate
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The claims' classification and causes are introduced. The expense composition and claim program are mainly elaborated. At the same time some claim skills are proposed to ensure success in claim. The significance of construction claim in engineering project management is illustrated.
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This article uses relational contract theory to discuss the standard to be applied to evaluate the behavior of insurance companies in first-party bad faith cases. The article first briefly summarizes relational contract theory and describes the insurance contract as a prime example of a relational contract. It then describes the law of bad faith in first-party insurance cases-cases in which a policyholder alleges that the insurance company has violated the duty of good faith and fair dealing that is present in every contract and intensified in insurance contracts. The most widely adopted standard for bad faith is the “fairly debatable” test, under which an insurance company is liable only if it lacks a reasonable basis for denying benefits of the policy and knows or recklessly disregards the lack of a reasonable basis for denying the claim. Therefore, where a claim is “fairly debatable,” the company is held to have not acted in bad faith. Moreover, courts have created a procedural elaboration on the fairly debatable test, under which a policyholder who could not have established as a matter of law a right to summary judgment on the substantive claim is not entitled to assert a claim for an insurer’s bad-faith refusal to pay the claim. The article argues that from the perspective of relational contract theory, the fairly debatable rule and the summary judgment elaboration are deeply flawed. Instead, negligence is a better rule because it recognizes that the relationship between the company and policyholder is one of security, in which the company has adopted a role of acting not as an adverse party to its insured, but in a responsible manner to give the insured the benefits it reasonably expects. A negligence rule also recognizes and deters the possibility of insurer opportunism in the area of claim practices. The rule also serves the broader social role of the insurance relation in providing indemnity and security for large numbers of people.This article is a contribution to a symposium in memory of Professor Richard Speidel.
Bad faith
Fair dealing
Relational contract
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The fundamental knowledge of contract claim,existing problems and mistaken domain with regard to claim in hydroproject construction are explained briefly.Doing well contract management is the prerequistite for successful claim.The measures about the contractors enhancing claim management are suggested.
Construction contract
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Based upon the conception, types and causes introduction of claim in this paper according to the construction claims corresponding cost account, procedure of claim and skills are elaborated, which contribute to success in claim.
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Combined with the specific projects practice,it represents meaning of construction claim and conditions that the claim should have,discusses the basic characters of claim from the certainty,rationality,reciprocity,preventives and complexity of claim,to make the contract managing people realizing and management claim correctly.
Certainty
Reciprocity
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Claims in international civil engineering projects sometimes will have impact on implementing the contract successfully. in order to observe and evaluate the contract claim situation and give guideline to all the contractual roles to settle the claims comfortably, this paper devote the research and literate review to find the key problems in contract claim management and give recommendation accordingly. With this focused objective, this paper presents a research analysis based on randomly selected data from international construction organization. The contract claim case studies analyzed by sampling survey scientific research method that follows a research strategy of specific to general. In the beginning, the paper analyzes the elements of contract claim administration,and then provides the general overview of the contract claim. Finally, it numerates the claim causes usage through cases studies under different contract condition of FIDIC. In addition to these discussions, analysis of other secondary data and recommendations forwarded to explain how claims should handle properly. During the thesis research period,there were 14 simple random selected projects have been studied as a case studies. From studied projects,the time extension in average, exceed 117.7% of its original contract completion time and the cost compensation increase 34.8% comparing to its initial contract value. Thus, the main causes of the majority contract claim problem lies on the failure in contract claim management and on unforeseen circumstance like variation, adverse climate, right of way problems, etc. Finally this thesis contributes to the improvement of contract claim management construction industry and open ways for further researches related to claim management.
Construction contract
Severability
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Counterclaim is a clients?claim filed in opposition to contractors?claim. Also, it is a fact, now, that the contractor has to face in the construction project management. Based on the principle, essence and procedure of clients?counterclaim, the paper aims to offer some pieces of advices to answer counterclaims so as to protect the valid rights of contractors.
Opposition (politics)
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The author describes the definition of the meaning of claim and counterclaim,discusses main contents which may result claim,introduces common claim technology,analyzes on how to get counterclaim,and points out that the claim and counterclaim all must take the contract as basis,which could decrease dispute and discussion,and ensure the healthy development of the building project field.
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