Claimsmanagement in Schlüsselwörtern | PRINT

3rd edition 2018
478 pages

ISBN 978-3-8163-0722-8

Author:
Dr. Wolfgang Kühnel

The German mechanical and plant engineering industry is so successful worldwide that many companies are finding it difficult to process their orders in line with their contracts due to capacity utilization. Additional customer requirements in the course of projects increase the pressure. This results in deviations between the actual project and the target project in terms of time and content. These can be costly for the plant engineering company and erode revenues, which are already not abundant. Claims management is an instrument for securing revenue, but in contrast to its widespread use in Anglo-Saxon countries, it is still in its infancy in many companies in Germany. Despite justified claims, management do not want to upset good customers or create references with the respective projects for strategic reasons. Project managers see themselves first and foremost as competent processors and not as entrepreneurs responsible for profits. The new publication Claims Management in Key Words is deliberately not aimed at lawyers, but at technicians or business people in companies who are responsible for projects in the capital goods industry. Based on his own many years of experience as a representative of interests in mechanical and plant engineering, the author explains the subject in 90 key words using exemplary projects, considerations, advice and contractual clauses in German and English. The deliberate avoidance of dogmatic discussions or further references in footnotes facilitates readability and orientation, provides the user with quick access to claims management and makes the work a handbook for the practitioner in the project.

A selection of keywords:
Acceptance, general terms and conditions, alliance agreement, change order, offer, interpretation, tender, bank guarantee, acceleration, parties involved, burden of proof, breach of contract, claims management, compliance, critical assumption, definitions, delay, documentation, purchasing, hiring, engineer, compensation, spare part, FIDIC, fiction, force majeure, deadlines, transfer of risk, assertion, approval note, minutes of meeting, limitation of liability, Incoterms, flow of information, engineering services, entry into force, maintenance, chain guarantee, consortium, goodwill, customer service, termination, lifetime costs, performance and scope of delivery, proof of performance, performance period, letter of intent, liquidated damages, feasibility study, milestone, method statement, notifications, obligation to cooperate, assembly, subsequent performance, nominated subcontractor, preamble, price, price escalation clause, project planning costs, buffer period, quality assurance, law, applicable, change of law, risk management, material defect, damages, duty to mitigate damages, training, suspension, taxes, dispute resolution, UN sales law, availability, packaging, contract content, contract management, sample contract, contract language, contractual penalty, delay, VOB, completeness, warranty, contract for work and services, knowledge management, supplier, conclusion of contract