Claims are a commonly used engineering term internationally. Engineering visas are an important part of claims, and design changes are an important basis for claims. In actual engineering projects, there are many works that fall under the category of claims, and claims also have many rules. Today, we will bring you the matters about claims.

　　The invincible principle of claims: reasonable, evidence-based, and timely

　　Carefully prepare claim documents. The claim items proposed must be realistic, substantial, with solid evidence, persuasive, and the claim calculation must be accurate. Strictly follow the claim regulations and procedures. Simply put, claim work must be reasonable, evidence-based, and timely. “Reasonable” allows you to go anywhere, “evidence-based” allows you to stand upright, and “timely” prevents invalidation.

　　The first essential of claims: economic interests
　　The first essential of claims: claim work is related to the economic interests of construction enterprises.

　　The three stages of claims
　　(1) All construction management personnel should pay attention to claims and know about claims.
　　(2) Claims must be fully justified, with solid evidence, timely visas, and attention to negotiation skills.
　　(3) Claim work runs through the entire construction process.

　　The seven techniques of claims
　　1. Be mindful when signing the contract

　　(1) After winning the bid, the construction enterprise should promptly and carefully sign the construction contract with the employer. Consider as much as possible, use rigorous wording, clarify rights and obligations, and achieve equality and mutual benefit.

　　(2) It is best to use an adjustable price method for the contract price. Clearly specify the policies, basis, and methods for additional adjustment of the contract price and claims, providing contract basis and legal protection for adjusting project cost and claims during completion settlement.

　　2. Collect data before commencement

　　(1) Study drawings. Before commencement, collect relevant data, including traffic conditions at the project site, the situation of “three connections and one leveling”, whether water and electricity supply meet construction needs, whether water and electricity prices exceed budget prices, groundwater level height, soil conditions, whether there are obstacles, etc.

　　(2) Organize technical personnel of various disciplines to carefully study the construction drawings, communicate with each other, and identify omissions, errors, ambiguities, unspecified items, inconsistencies with reality, conflicts between disciplines, and other issues in the drawings.

　　(3) During the drawing review, carefully prepare the minutes of the construction drawing review. During construction, conduct predictive analysis in a timely manner to identify sub-divisional works where claims may occur.

　　3. Pay attention to force majeure and unavoidable forces

　　(1) Do not ignore external environmental impacts such as disastrous weather, discovery of underground obstacles, soft foundations or cultural relics, land acquisition and demolition, and construction conditions.

　　(2) The owner requests changes to local dimensions and quantities of construction items, or adjustments to construction materials, changes to construction techniques, etc.

　　(3) Water and power outages exceeding the time limit specified in the original contract; delays in construction requested by the construction unit or supervision unit, or causing rework, idle work, increased quantities, etc.

　　4. Learn faithful recording from court stenographers

　　(1) During construction, the contractor should insist on written instructions from the supervisor and owner. Even if oral orders must be executed under special circumstances, immediately request written confirmation afterwards, or send a letter to the supervisor and owner for confirmation.

　　(2) Keep construction logs, technical data, and other construction records.

　　(3) When on-site losses occur, also take on-site photos and videos to ensure completeness of data.

　　(4) Keep detailed records of water and power outages, the arrival time, quantity, and quality of owner-supplied materials, etc.

　　(5) Ensure complete visa procedures for design changes, technical verification, quantity increases or decreases, etc., to ensure data integrity.

　　(6) Timely collect temporary changes, oral instructions, meeting studies, correspondence, etc. from the owner or supervisor, organize them into text, and if necessary, photograph or video the construction process.


　　(7) When using new materials, new processes, or new technologies for construction without corresponding budget quota pricing, collect relevant cost information or consult relevant cost departments to prepare the basis for settlement.

　　(8) If design or construction plans need to be changed during construction, promptly complete modification and supplementary visas.

　　(9) If work-related injuries or mechanical accidents occur during construction, promptly record the actual on-site conditions and clarify responsibilities; promptly handle visa procedures for idle personnel and equipment, delays in construction period, and the degree of damage to the project.

　　5. Know time requirements like a referee

　　(1) Familiarize yourself with the visa time requirements for various claim items, and distinguish the specific meanings of time concepts such as 24 hours, 18 hours, 7 days, 14 days, and 28 days. In particular, for concealed works, earthwork, and demolition works, visa procedures must be handled promptly. Otherwise, delays can easily lead to disputes and increase the difficulty of claims.

　　(2) Do not forget, omit, lack, or miss anything; be diligent with eyes, hands, mouth, and legs. Do not neglect written records because of oral promises from the supervisor, and do not relax visas because everyone knows. These are the original vouchers for engineering claims and should be kept by category to create opportunities for claims.

　　6. Handle relationships with the owner and supervisor well

　　(1) Claims directly affect the vital interests of the owner, and the success of the contractor's claims largely depends on the owner's attitude. Therefore, correctly handle the relationship with the owner and supervisor, and establish a good reputation in practical work. Therefore, according to the concept of “integrity-based, conduct-oriented”, improve the internal management system and quality assurance system, provide honest services, ensure project quality, establish brand awareness, strengthen management, and win a good reputation in the eyes of the owner and supervisor.

　　(2) Maintain good mutual relations, maintain a friendly and cooperative atmosphere, and mutual trust. Create a peaceful atmosphere for claims and avoid emotional obstacles.

　　7. Learn negotiation skills from lawyers

　　(1) First, prepare for negotiations in advance. Know yourself and the enemy, and you will never be defeated. Careful preparation for negotiations is the primary factor in promoting successful negotiations. When conducting claim negotiations with the owner and supervisor, study and unify the negotiation stance and strategy in advance.

　　(2) Negotiators should adopt flexible strategies according to actual conditions under unified principles to gain the initiative.

　　(3) During negotiations, first, pay attention to maintaining the authority of the team leader; second, discard the sesame and grasp the watermelon, not haggle over trifles; third, control the initiative and leave room for maneuver.

　　Beyond claims

　　In addition to making various preparations for claim work, also strengthen construction management, improve management levels, reduce costs, and create greater profit space for the enterprise.