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在施工过程中,由于各种不同原因不可避免地会发生索赔和争议。但在施工前期、招标文件编制时期、合同谈判和施工过程中可以采取很多的预防措施来避免或减少索赔和争议的出现。同时,为了及时合理地解决索赔和争议,在施工过程中要做好各种记录,保存好各种证据,为解决索赔或争议作好准备。索赔主要有五大类,一旦发生索赔,应按合同规定的程序和时间限制递交索赔通知和正式索赔文件。索赔或争议应尽量通过双方友好协商来解决。在友好协商未果的情况下,可将争议提交给近年来较流行的争议评审团或争议调解团来解决。在万不得已情况下,争议还可通过仲裁庭或通过法律诉讼手段来解决。
During the construction process, claims and disputes will inevitably occur due to various reasons. However, during the pre-construction period, the preparation of tendering documents, the negotiation and construction of the contract can take a great deal of precautionary measures to avoid or reduce the occurrence of claims and disputes. In the meantime, in order to settle claims and disputes promptly and reasonably, various records should be prepared during the construction process, all kinds of evidences should be kept and preparations should be made for the settlement of claims or disputes. There are five main categories of claims, and in the event of a claim, the notice of claim and formal claim documents should be submitted in accordance with the procedures and time limits set forth in the contract. Claims or disputes should be resolved through friendly negotiations between the two parties. In the absence of friendly consultations, the dispute may be submitted to the more popular controversial jury or dispute mediation group in recent years. As a last resort, the dispute can be resolved through arbitral tribunals or through legal action.