fidic施工合同下缺陷通知期内业主的索赔研究毕业设计.doc

99版FIDIC施工合同下缺陷通知期内 业主的索赔研究 摘要 随着中国建筑市场的国际化，国外承包商广泛地参与到国内建筑项目中。由于涉外工程项目建设周期长、施工情况复杂，承包商难免在施工中出现失误，给业主造成经济损失。缺陷通知期是99版FIDIC合同中工程接收证书颁发后承包商对工程进行质量保修的时期，业主有权在此期间内对由承包商原因造成的质量缺陷进行索赔。因此，对于缺陷通知期内业主索赔的研究是富有现实意义的。对FIDIC合同条件下业主索赔研究Research on Employers Claims during Defects Notification Period under Conditions of Contract for Construction (FIDIC 99) ABSTRACT With the internationalization of the Chinese construction market, the foreign contractor is extensively involved in the domestic construction projects. Because the international project has a long construction period and the situation of construction is complicated, Contractor will inevitably make mistakes during the period of construction, which causes economic losses to Employer. Defects Notification Period is Contractor’s quality warranty period on construction under Conditions of Contract for Construction (FIDIC 99) after project receiving certification is issued, during which the Employer have the right to claim on quality defects caused by Contractor. Therefore, research on Employer’s claim is full of practical significance during the defects notification period. From employer’s view, this paper researches on Employers Claims during Defects Notification Period under Conditions of Contract for Construction (FIDIC 99) from the following aspects: Firstly, this paper researches on Defects Liability Division during the Defects Notification Period. Through literature analysis, this paper finds out the employer’s claim matter in Defects Notification Period. Through risk allocation and case analysis, this paper analyse defects liability between employer and contractor. Secondly, this paper researches on the content and process of claim during Defects Notification Period. Through the analysis of claim basis during the Defects Notification Period, this paper finds out the claims’ contents, then analyses the content and process of claims which appear the quality problems and failure to remedy defects in Defects Notification