1 Abstract The main aim of this thesis is to analyze available information on the claim management in the international capital construction. The thesis also describes how the claim management should work and makes a comparison and evaluation of the real situation in practice. This comparison and evaluation is based on FIDIC conditions of contract available to the experts in implementation of construction projects. The thesis is divided into five chapters. The chapters deals step by step with the basic terms, the FIDIC conditions of contract, the contract price, the time for completion, the claim and the claim management. Chapter One clarifies essential terms for understanding the solved theme, the project of construction, the unification of obligations, the foreign business and the construction project organization. Second chapter deals with the FIDIC conditions of contract, which can be classified as a part of lex mercatoria, factually lex constructionis. The FIDIC conditions of contract are used in the foreign construction, but also domestically. Czech civil code inclines to the autonomy of contractual parties and gives businessmen the possibility to determine part of the content with reference to the certain contractual terms and conditions. The FIDIC conditions of contract are judged with the projects...

European Business School, Diss--Oestrich-Winkel, 2008.

ABSTRACT QUANTIFICATION OF ACCELERATION CLAIMS: A SIMPLIFIED APPROACH Operating a successful business within the construction industry has become more difficult for companies as the profitability margins decreased considerably compared to previous years. Even, global economy has created an environment in which construction firms are enforced to bid projects at or below lowest profit levels. At the same time, owners are demanding more difficult projects without increasing the quality of contract documents. This has placed an added burden on the individual contractor to construct sophisticated projects. Under these circumstances, it is not surprising that the number of disputes within the construction industry continues to increase. Thus, contractors requested additional payments from the owners and the concept of claim and claim management developed. However, implementation of a well developed claim management process is crucial as the consequences and reimbursement depends on this process. The objective of this study is to discuss potential sources of disputes and types of claims in the construction industry by focusing on acceleration claims. Quantification methods for owner directed acceleration are discussed as well as required documentation and claim management strategies for preparation of acceleration claims. Two different methods, namely theoretical approach and simplified approach, are presented here and examined in detail mentioning their advantages and shortcomings. These methods are applied to two different real cases, one in Turkey and the other one is abroad in order to have a better understanding of these approaches. Furthermore, a computer program is developed to carry out the calculations that constitute the necessary steps of simplified quantification method. This study can be considered as a complete guide for young civil engineers about quantification and management of acceleration claims.

This diploma work analyses financial situation of a company in the years 2002 - 2006 based on the choosen methods of financial analysis. The work objective is disclosure of problematic areas. There is performed the analysis of present situation of claim controlling and proposal of possible ways of improvement of claim controlling in the company.

El Trabajo de Investigación presenta el caso de la construcción de una clínica en el norte del país, que empezó como un proyecto con un alcance definido y con un contrato a suma alzada, pero que durante la ejecución y por iniciativa del propietario se dieron tantos cambios que lo convirtieron en la práctica en un proyecto fast track con un contrato a suma alzada. Esta situación originó una serie de impactos en costo y plazo que derivaron en reclamos planteados por el contratista del orden del 10% de la venta, incluyendo los costos derivados de un posible arbitraje. Teniendo en cuenta esta experiencia, se plantea como alternativa un proceso de gestión de cambios robusto en donde se enfatiza el pleno conocimiento del alcance del proyecto y del contrato como medida de prevención que busca que el cambio planteado esté formulado de una manera clara sobre la base de los documentos del proyecto. Asimismo, para aquellos casos en los que el reclamo es inevitable se plantea también el proceso de gestión de prevención de reclamos, en donde se establecen pautas para la negociación tratando de evitar llegar a la última instancia que sería el litigio por la vía judicial. / This Research Paper presents the case of the construction of a clinic in the north of the country that began as a project with a defined scope and with a lump sum contract, but during the execution and at the initiative of the owner there were so many changes which effectively turned it into a fast track project with a lump sum contract. This situation originated a series of cost and time impacts that resulted in claims raised by the contractor of the order of 10% of the sale including the costs derived from a possible arbitration. Taking into account this experience, a robust change management process is proposed as an alternative where full knowledge of the project scope and contract are emphasized as a preventive measure that seeks the proposed change may be formulated in a clear way on the basis of the project documents. Likewise, for those cases in which the claim is unavoidable, the claims management process is also proposed, where guidelines for negotiation are established, trying to avoid reaching the last instance, which would be litigation through the courts. / Tesis

Claims represent rights to pay financial amount and they are important part of company´s short-term assets. Due to the height of theri amount and rate of debt collection influence on a supplier´s liquidity, every company should set up a well-arranged management claim system. The most effective protection before an emergence of disputable claims debts is the precaution {--} from screening a comapany´s standing over compiling consequential contracts to using security instruments. However, even if all the precautions were done, and overdue claims appear, it is necessarily to use other instruments and solve the problems of desperate debts minimalization. For this reason I have chosen claim management as the subject of this diploma thesis. The aim of this work is to a give a coherent view of a claim management, including possibilities of their assuring from points of accounting, tax and law. In practical part of my diploma thesis I would like to evaluate a claim management in a selected business comapany and propose improvement in this field.

隨著高科技產業的興起，電子產業因應市場快速與客戶滿意度的高度需求，供應鏈物流業的快速發展，使得傳統運送模式之風險形態產生戲劇性的變化，損失頻率及損失幅度均已隨著運籌模式物流的風險由傳統運輸Door to Door構成線性的低度風險，轉變為Hub、組裝中心、物流倉庫、承攬人、次承攬人等複雜的關係方所構成，網狀物流模式的高度風險區塊。而運輸保險長期以來處於保險業者、保險經紀人的惡性競爭市場，高科技電子業基於風險成本考量，強勢壓縮保險費，使得電子業運輸保險損失率居高不下。 本研究透過個案電子公司之重大損失案例研究，歸納高科技電子業物流損失的發生原因，提出核保、理賠管理、及物流倉庫、運送人損防、管理建議供保險業界，物流業者參考。 未來，保險業面對全球運籌業物流風險經營，除積極運用核保策略，加強同業間的共保協商機制，以分散風險外，針對此特殊業務的核保應加強倉庫管理人風險查勘及物流運送人之委任規範、以達到風險預防之效果。更重要的是，保險經營者應修正，以利潤導向的經營理念代替市場佔有率的迷思，方是杜絕市場惡性競爭的根本。 關鍵字：電子業、全球運籌、供應鏈、風險管理、 損失頻率、損失幅度、核保策略、理賠管理、 損失率。 / With the blooming growth of high-tech industry, the electronic industry pursued for swiftness and clients satisfaction as well as the fast development of logistics business, risk of cargo distribution had transformed from the traditionally low-risk lineal “door to door” model to a high-risk complex structure of network composed by Hubs, Configuration Centers, warehouses, contractors, and sub-tractors. Moreover, the intense competitiveness among insurers and insurance agents as well as the cost-down strategy on cargo transit insurance premium of high-tech companies even make the loss-claim ratio have stayed high for such a long time. By studying cases of specific high-tech company claiming for great loss amount, we herby conclude several main causes of loss during transit and bring up suggestions on Underwriting, Claim Adjustment, Logistics Warehouse, Carrier Loss Prevention, and Logistics Management for your reference. In the future, in terms of risk management and diversification, we should not only aggressively adjust our underwriting strategy, enhance co-insurance policy but also strengthen investigations on the warehouse staffs and designate supplier adequate responsibilities. Besides, what’s more important is to alter the myth of being purely interest-oriented and to discard the thought of expanding market percentage by cutting prices, only then we could really make a sound foundation at the market instead of suffering malignant competition with each other. Key Word：Electronic Industry，Global Logistic，Supply Chain，Risk Management，Loss Frequency，Loss Severity，Underwriting Strategy，Claim Management，Loss Ratio。