问题 问答题

案例4
某项工程建设项目,业主与施工单位按《建设工程施工合同示范文本》签订了工程施工合同,工程未进行投保保险。在工程施工过程中,遭受暴风雨不可抗力的袭击,造成了相应的损失,施工单位及时向业主提出索赔要求,并附予索赔有关的资料和证据。索赔报告中的基本要求如下:
1.遭暴风雨袭击不是因施工单位原因造成的损失,故应由业主承担赔偿责任。
2.给已建部分工程造成破坏损失18万元,应由业主承担修复的经济责任,施工单位不承担修复的经济责任。
3.施工单位人员因此灾害导致数人受伤,处理伤病医疗费用和补偿金总计3万元,业主应给予赔偿。
4.施工单位进场的机械、设备受到损坏,造成损失8万元;由于现场停工造成台班损失4.2万元,业主应负担赔偿和修复的经济责任。工人窝工费3.8万元,业主应予支付。
5.因暴风雨造成现场停工8天,要求合同工期顺延8天。
6.由于工程被破坏,清理现场需费用2.4万元,业主应予支付。
[问题]1. 1.业主工程师代表接到施工单位提交的索赔申请后,应进行哪些工作(请详细分条列出)
2.因不可抗力发生的风险承担的原则是什么
3.对施工单位提出的索赔要求,应如何处理(请逐条回答)

答案

参考答案:1.业主工程师代表接到索赔申请通知单后应进行以下主要工作:
(1)进行调查、取证;
(2)审查索赔成立条件,确定索赔是否成立;
(3)分清责任,认可合理索赔;
(4)与施工单位协商,认可合理的索赔要求;
(5)签发索赔报告。
2.不可抗力风险承担责任的原则:
(1)工程本身的损害由业主承担;
(1)人员伤亡由其所属单位负责,并承担相应费用;
(3)造成施工单位机械、设备的损坏及停工等损失,由施工单位承担;
(4)所需清理费用由双方协商承担,恢复工作的费用由业主承担;
(5)工期可给予顺延。
3.对施工单位提出的索赔要求,按以下原则处理:
(1)经济损失按上述原则由双方分别承担,工期延误应予签证顺延;
(2)因工程修复、重建的18万元工程款应由业主支付;
(3)索赔不予认可,由施工单位承担;
(4)索赔不予认可,由施工单位承担;
(5)认可顺延合同工期8天;
(6)由双方协商承担。

解答题
填空题

What’s in a surname You may ask. A new website project has been released, that helps you (1) . Have you ever wondered why your ancestors gathered where they did, or where others with your surname live now A research project (2) in Britain answers these questions. And another study has found the surnames are (3) .
"Smith", for example, remains the most common surname in Britain. Used by (4) people, it has exactly the same concentration it always did in Lerwick, in the Scottish Shetland Islands. "Jones" is (5) , and is the most common among hill farmers (6) .
The data used for this project comes partly (7) . A number of other files are held by Expairing, which is probably Britain’s (8) .
There’ re some of us who are fairly predictable. "Campbell", for example, as you might expect, is somewhat concentrated (9) , and it appears really bizarre to be found anywhere else.
Well, with 25,000 names as (10) , what you can do is put them in general categories, if, for example, you look at (11) . Like the name Webber, you might find it is much more common in the Midlands than (12) . If you go to Wales, most people get their names (13) . And in Yorkshire for example, a lot of people have names (14) that they originally lived in or at least their ancestors did.
Well, we only have 25, 000 names on this website, but there’re (15) now found in Britain and they’ re particularly interesting, for (16) . Most British names are fairly common. And about what we can now do as such is look for (17) from different parts of the world and different faiths, (18) . And what there is in names is actually extremely useful, for researchers in (19) may find a lot about (20) now living in this country.

What’s in a surname You may ask. A new website project has been released, that helps you (1) . Have you ever wondered why your ancestors gathered where they did, or where others with your surname live now A research project (2) in Britain answers these questions. And another study has found the surnames are (3) .
"Smith", for example, remains the most common surname in Britain. Used by (4) people, it has exactly the same concentration it always did in Lerwick, in the Scottish Shetland Islands. "Jones" is (5) , and is the most common among hill farmers (6) .
The data used for this project comes partly (7) . A number of other files are held by Expairing, which is probably Britain’s (8) .
There’ re some of us who are fairly predictable. "Campbell", for example, as you might expect, is somewhat concentrated (9) , and it appears really bizarre to be found anywhere else.
Well, with 25,000 names as (10) , what you can do is put them in general categories, if, for example, you look at (11) . Like the name Webber, you might find it is much more common in the Midlands than (12) . If you go to Wales, most people get their names (13) . And in Yorkshire for example, a lot of people have names (14) that they originally lived in or at least their ancestors did.
Well, we only have 25, 000 names on this website, but there’re (15) now found in Britain and they’ re particularly interesting, for (16) . Most British names are fairly common. And about what we can now do as such is look for (17) from different parts of the world and different faiths, (18) . And what there is in names is actually extremely useful, for researchers in (19) may find a lot about (20) now living in this country.