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FIDIC term and conditions of contract is practical skill -- claim for compensati
From;    Author:Stand originally

International contracts the contract of the project is carry out to ensure a purpose is successful between owner and contractor those who form " close and be the same as " , it is concern of bond of a kind of law. In this kind the relation falls, all sorts of items that list in the contract are not ultimate goal, is to achieve this one goal regulation only is effective restrict a method, the focus when the autograph arranges bilateral contact is economic problem actually.

FIDIC contract does not hope contractor is in its quote mix the risk factor that cannot see beforehand a good deal of contingency fund includes to go in entirely, the concerned pecuniary loss that so that compensation honors the agreement,the likelihood in the process produces, if produced this kind of event really,advocate however, should be compensated for by owner or pay this kind of fee, this formed the academic basis of claim for compensation.

Big the daily life of a family says " claim for compensation " be from English Claim this word interpreter comes over, its English original intention is Ademandforsomethingasone-due, have " demand compensation " flavour, but also be not be confined to this, still have more extensive meaning. Accordingly, be opposite exactly very hard Claim this kind of behavior the definition that makes limit.

In the process that the contract carries out, if one party thinks other one party failed to fulfil contract obligation or hamper he fulfils contract obligation, or after the risk incident that is the regulation in should producing a contract, the result causes pecuniary loss, be damaged to just can put forward claim for compensation to ask normally. Apparent, claim for compensation is two respects of a problem, it is the legal right that the both sides that signs a contract should enjoy severally, it is the responsibility repartition that project venture respect is partaking between owner and contractor actually.

Because be contractor puts forward to ask economy is compensated above all normally, because this is active,the one party that offers claim for compensation also often is contractor, so people often says contractor has claim for compensation and owner is to be in turn over claim for compensation, the impression that gives a person seems to have active with passivity not. The behavior that actually this kind of economy asks is two-way, be to use identical Claim in English this word, do not have active the cent with passivity, the jumping-off place that is claim for compensation only and object each are not identical stopped. Domestic person of the same trade often is used " claim for compensation " with " turn over claim for compensation " the view is distinguished with showing, vice versa.

When the article is discussing the issue of concerned claim for compensation, the angle that stands in contractor will talk, accordingly still continue to use of the claim for compensation of contractor and owner turn over claim for compensation to be used to a view this kind, if stand in the angle of owner, turn over claim for compensation with respect to what can say the claim for compensation that is owner and contractor. Because face contractor to be in economically ceaseless ask for, owner wants ground of leave no stone unturned to hit out actively necessarily, undertake kickbacking, raise of all kinds requirement to contractor according to contract provision, to in an attempt to reduces project expenditure and control cost, reduce premium, achieve the goal that can achieve a project inside budgetary contract price.
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