جستجوی مقالات مرتبط با کلیدواژه "منشا ادعا" در نشریات گروه "عمران"

nowadays, one of the biggest challenges in the construction industry is the occurrence of multiple claims in projects, which are a factor in creating disputes in the project. Therefore, managing these claims is a factor in reducing these disputes and thus a success for the legal-contractual part of the project. On the other hand, the design and build implementation system has helped to reduce construction claims due to the reduction of the main elements involved in the project; But it is always inevitable that a claim will occur in the project. Therefore, considering the success of employers in the construction industry to this type of system and its acceptance by contractors, and the importance of claims management in this type of projects, recognizing the contractual claims of employers and how to deal with it is one of the important issues that should be considered in the legal-contractual sector of Projects, employers and especially contractors.Therefore, in this study, using previous research and with the help of expert opinions and study of 10 case studies, first, the contract claims of employers in non-industrial design contracts (EPC - Package 84) were examined and then 51 causes and 3 general origin of reasons were identified. Then, by examining the settlement methods provided in these contracts (employer request) and classifying them into 11 groups, the general algorithm of occurrence of contractual claims of employers was drawn and 51 reasons for claims were classified according to this algorithm. According to the obtained results, the employer's contractual demands from the claim are classified into 4 general categories: time, cost, and doing a specific (practical) work and termination.

Extensive use of new project delivery systems and engineering important role followed by contractual types developments inside or outside of country increased the importance of providing identical internal and international contracts. These contracts prepared a standard framework for project risk and responsibilities allocation for both consultants and clients. This research aims to study general condition of Iran and FIDIC consultant's agreement to determine challenging clauses and conflict orientation in these contracts.
Accordingly, after reviewing Iran and FIDIC client/ consultant agreements, comparison between contractual clauses has been carried on and important clauses with indemnity provision has been separated; which based on, claim source breakdown structure (CSBS) produced. Compensate receiver and indemnity type for those clauses has been set according to Iran and FIDIC consultant's general condition; followed by comparing between two contract clauses and analytical analysis. Consequently, a complete list of important clauses with indemnity provision related to consultants and clients determined and classified in terms of cost, time, scope and contractual claim's reasons. The results show higher contractual risks and most claims ensue of cost's conflicts for consultants in internal contracts. Recommended suggestion for Iran and FIDIC client/ consultant agreement are provided based on this study results and expert's ideas