论承包商的利润索赔

The Contractor’s Profit Claim

承包商的利润索赔是其对由发包人或监理人原因导致的利润损失所要求的补偿,合理的计算利润索赔额是维护合同双方公平地位的重要体现。文章介绍了建设工程利润计取的两种方法:成本利润率法和费用分摊法。分析了承包商进行利润索赔的背景和依据。研究了承包商可以进行新增利润索赔和机会利润索赔的情形,探讨了在成本(费用)增加、工程延期、工程量减少和合同终止等情形下利润索赔额的确定方法。并对承包商进行利润索赔提出了一些建议。

The contractor＇s profit claim is a compensation for its lost profit resulted by the owner or the supervisor. The reasonable calculation claim value is a manifestation of the equal status for the contract parties. The paper introduced two calculation methods for construction profit： cost proportion method and profit allocation method. The background and the basis of the contractor＇s profit claim were analyzed. The different conditions of the additional profit claim and the opportunity profit claim that the contractor can make were discussed. The corresponding confirmation methods of profit claim in the condition of additional expenditure for work, extension of time for completion, deduction of work and the termination of contract were explored. Finally, some advises for the contractor were proposed.