问题 问答题

建筑公司(乙方)于某年4月20日与某厂(甲方)签订了修建建筑面积为3000m2工业厂房(带地下室)的施工合同。乙方编制的施工方案和进度计划已获监理工程师批准。该工程的基坑开挖土方量为4500m3,假设直接费单价为4.2元/m3,综合费率为直接费的20%。该基坑施工方案规定:土方工程采用租赁一台斗容量为1m3的反铲挖掘机施工(租赁费450元/台班)。甲、乙双方合同约定5月11日开工,5月20日完工。在实际施工中发生了如下几项事件。

事件1:因租赁的挖掘机大修,晚开工2d,造成人工窝工10个工日。

事件2:施工过程中,因遇软土层,接到监理工程师5月15日停工的指令,进行地质复查,配合用工15个工日。

事件3:5月19日接到监理工程师于5月20目的复工令,同时提出基坑开挖深度加深2m的设计变更通知单,由此增加土方开挖量900m3

事件4:5月20~22日,因30年一遇的大雨迫使基坑开挖暂停,造成人工窝工10个工日。

事件5:5月23日用30个工日修复冲坏的永久道路。5月24日恢复挖掘工作,最终基坑于5月30日挖坑完毕。

[问题]

建筑公司对上述哪些事件可以向厂方要求索赔,哪些事件不可以要求索赔,并说明原因。

答案

参考答案:

建筑公司是否可以向厂方要求索赔的判断及原因。

事件1:索赔不成立。因此事件发生原因属承包商自身责任。

事件2:索赔成立。因该施工地质条件的变化是一个有经验的承包商所无法合理预见的。

事件3:索赔成立。这是因设计变更引发的索赔。

事件4:索赔成立。这是因特殊反常的恶劣天气造成的工程延误。

事件5:索赔成立。因恶劣的自然条件或不可抗力引起的工程损坏及修复应由业主承担责任。

填空题

When I was growing up, I was embarrassed to be seen with my father. He (1) severely crippled and very short, and when we would walk together, his hand on my arm (2) balance, people would stare. I would inwardly be afraid (3) squirm at the unwanted attention. If he ever noticed or was bothered, he never let (4) .
It was difficult to coordinate (5) steps - his halting, mine impatient - and because of that, we didn’t say much as we went along. But as we started out, he always said, "You (6) the pace. I will try to adjust to you. "
Our usual walk was to or (7) the subway, which was how he got to (8) . He went to work sick, and (9) nasty weather. He almost never missed a day, and would (10) it to the office even if (11) could not: a matter of pride!
He never talked about himself as an object of pity, (12) did he show any envy of the more fortunate or able. What he looked for in others was a "good heart", and if he found one, the owner was good enough for him.
Now that I am older, I believe that is a proper standard (13) which to judge people, even though I still don’t know precisely (14) a "good heart" is. But I know the times I don’t have one myself.
He has (15) gone many years now, but I think (16) him often. I wonder if he sensed my reluctance to be seen with him during our (17) . If he did, I am (18) I never told him how sorry I was, how unworthy I was, how I regretted it. I think of him when I complain about trifles, when I am (19) of another’s good fortune, when I don’t have a "good heart".
At such times I put my hand on his arm to regain my (20) , and say, "You set the pace, I will try to adjust to you.\

单项选择题