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索赔是合同有序管理正常范畴的基本业务,是企业减少风险,维护合法权益,提高经济效益的有效手段。自80年代国内水电工程推行以应用FIDIC合同条款为核心的国际工程管理模式以来,索赔逐渐为承、发包商所接受和重视,但索赔实践在国内还处于探索阶段,如何进一步提高索赔的质量和成功率,应重视以下几个方面的问题:成立专门机构,明确相应责任;提高索赔意识,熟悉索赔业务;选准索赔时机,讲求索赔技巧;加强合同变更管理,慎签补充协议;建立良好的合作关系,争取道义索赔;切实履行合同,预防反索赔的发生;提取专项费用,建立奖惩考核制度。
Claims are the basic business in the normal area of orderly contract management and are effective means for enterprises to reduce risks, safeguard their lawful rights and interests and increase their economic benefits. Since the implementation of the international engineering management mode that focuses on the application of the FIDIC contract in domestic hydropower projects in the 1980s, the claims have gradually been accepted by the contractors and taken seriously by the contractors. However, the claims practice is still at the exploratory stage in our country and how to further improve the quality of the claims Success rate, should pay attention to the following aspects: the establishment of specialized agencies, clear the corresponding responsibility; raise awareness of claims, familiar with the claim business; select the timing of the claim, claim claims techniques; strengthen the contract change management, caution signed Supplemental Agreement; establish a good Cooperation, strive for moral claims; earnestly perform the contract to prevent the occurrence of counterclaims; extract special fees, the establishment of rewards and punishments assessment system.