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索赔是指在合同的实施过程中,合同一方因对方不履行或未能正确履行合同所规定的义务,或未能保证承诺的合同条件实现而遭受损失后,向对方提出的补偿要求。索赔是相互的、双向的,是承包商与业主之间利益与关系、利益与信誉的权衡。但在实际操作中,绝大多数情况都是承包商向业主索赔。因此,工程承包商如何取得最大的费用(工期)索赔额,又不伤害双方的合作关系和施工单位的信誉,索赔操作具有较高的技巧性与艺术性,操作是否妥当到位,直接关系到索赔的成败。
Claims refers to the compensation claims made to each other after one party to the contract suffered losses due to the other party’s non-performance or failure to perform the obligations stipulated in the contract or failed to guarantee the promised contractual conditions during the implementation of the contract. Claims are reciprocal and bidirectional, and are a trade-off between the interests and relationships between contractors and owners, and the trade-off between benefits and credibility. However, in actual operation, the contractor claims the owner for the most part. Therefore, how to obtain the maximum amount of compensation (construction period) for the project contractor without jeopardizing the cooperation between the two parties and the credit of the construction unit, the claim operation is highly technical and artistic, and the operation is in place and is directly related to the claim Success or failure.