| amazon5 |
2012-12-31 23:38 |
乙方索赔问题(待续)
石油开采的先期投资非常大，资方和合同法的风险都不小。如果履行合同过程中，出现某种分歧，他们之间如何协调？
合同法有没有办法多要求一些花销？
为响应版主在http://www.agoil.cn/read-htm-tid-302131.html中的号召，特花了5个小时时间，翻译上海建工某大牛博客中较为精彩的一部分---Claim Analysis。
如有不确实之处，还望高手指教。
原文：http://www.p3planningengineer.com/ （Claim analysis）：
Do you play shares? Share analysis usually applies two methods to analyze a particular share: fundamental and technical. Fundamental concerns the stock value, that is, whether it is worthy buying it; while the technical uses various kinds of chart to determine whether the “good” counter picked up by the fundamental analysis is the right timing to buy or sell – the price is alright or not.
Construction claim, to some extent, is similar to share analysis. The conditions of contract, specification and all written documents are fundamental aspects to see whether there are grounds to raise the claim. The approved baseline programme, or CPM analysis, is to determine how much a contractor is entitled to claim, especially when comes to EOT (extension of time) claim.
The following are some pointers to consider:
- Is the change belonging to owner side or contractor side? And if mixed, how much belonging to owner side, and how much to the contractor?
- To what extent the scope of work has been changed? Calculate the volume.
- What is the effect the delay contributing to the critical path and how much with reference to the approved baseline programme?
Typically, a "Notice of Claim" shall be submitted to the Engineer within the specified days after the event. The subsequent full and detailed claim documents shall be followed afterwards.
In order to build up the claim case, a good and systematic document repository is to be set up from day one of the project. Ideally, the project document repository shall be centralized and not segmented around a few departments and personnel. There are two benchmarks to be established from which the claim is based on:
- All information including specifications, drawings, tender clarifications at the tender stage and before the contract is awarded. Anything beyond those which an experienced contractor can not foresee at the time of tender is considered variations
- Production rate before disruption. The approved baseline programme is based on the normal achievable productivity. If an event occurs and causes the delay of progress, the post-event actual productivity suffered by the contractor can be demonstrated with the "cause and effect" chart.
Schedule is the tool to quantify or measure the delays and disruptions. There are two types of schedules for this purpose: conventional statused programme (updated programme in the approved baseline, showing plan and actual activities of bar by bar comparison). This method requires relatively accurate baseline programme in order to serve the purpose. In reality, there is always work sequence deviation between the plan and actual and sometimes the deviation is too severe to reflect the actual construction. Revising the baseline is one solution. The other one is called "Forensic Schedule Analysis" or "Retrospective As-Built Schedule Development", a schedule modelled based on the actual construction. It contains:
- Breakdown of the project into several process modules
- For each process, establish the typical actual schedule model (fragnet). It shall reflect the actual construction sequence and represent the majority of this process
- For each data date (for example, end of each month), retrospective schedule = baseline + fragnet (replacement of the correspondent part of the original baseline)
- Status the above programme
- Find out from the retrospective schedule:
> Projected project completion at that time
> Critical path at that time
> Which activity causes the delay and how much
The final retrospective schedule represents the normal and non-disruptive work sequence with the actual typical productivity. It is then used to measure the actual site works.
The Contractor’s claim team comprises the following personnel:
- A lawyer who is familiar with the construction industry to act as the advisor
- The commercial manager who is the head of the team
- The coordinator to integrate all aspects of information and efforts, from site operation team to various site records
- Event report writers
- Planners to work out time impact
- QS to work out cost impact
翻译：
你玩股票吗？股票分析通常采用两种方法来分析某股份：基本盘和技术面。基本盘，那就是，是否值得购买的股票价值，而技术面，就是
技术性的使用各种图表，以确定是否“好”的股票，拿起基本面分析是正确的时机买入或卖出--- 价格是不是有问题的。
施工索赔，在一定程度上与股票分析是相似的（金融问题嘛，大概都是相同的）。根本上讲，合同的条件是否充分是索赔的关键。核准的基准程序，或CPM分析，以确定承办商有权要求的程度，尤其是当涉及到延长工期的时候。
下面是一些关键点以供大家考虑：
- 变更来自于于业主方还是承包方？如果二者皆有，多少（百分数）来自于业主方和承包商？
- 在何种程度上已更改的工作范围？计算体积。
- 关键路径和延迟多少参考核准的基准程序的影响是什么呢？
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