Re-work confirmation requirements and claim procedure deadlines for material scrap from changes/employer-risk events: notice of intent within 28 days, claim report, employer reply in 14/28 days, and deemed waiver/acceptance on default (GB/T 50500-2024, 7.6.1/8.11.3/8.11.5)
Material-scrap claims require a written re-work confirmation demand within the contractual time — failing which no scrap is deemed, re-work is unmeasured and uncompensated (7.6.1); claims require a written notice of intent within the contractual period (28 days if silent) after the event and a claim report (with cost computation sheets) within 28 days thereafter, continuing notices at <= 28-day intervals for continuing effects and a final report within 28 days after they end — late filing may be deemed waiver (8.11.3); the employer replies in writing within 28 days of the report, silence may be deemed acceptance; claim costs are paid proportionally in progress/process payments and the balance at completion settlement (8.11.5).
Applicable Codes
- GB/T 50500-2024 第7.6.1条
- GB/T 50500-2024 第8.11.3条
- GB/T 50500-2024 第8.11.5条
Topic Positioning
Procedure nodes, deadlines, and default consequences for contractor claims when changes or employer-risk events (e.g., suspension) cause re-work, material scrap, and idle costs — the "how to run the procedure" question: re-work confirmation (7.6.1, the material-scrap-specific precondition), the claim document chain (8.11.3), and the employer's handling and reply duties (8.11.5). Claimable cost scope is in the companion cost card.
Core Conclusions
1. Re-work confirmation precondition for material scrap (7.6.1, verbatim) "Where a change or employer-risk event causes re-work of part or all of the completed works, or damage or scrapping of purchased or processed materials, the contractor shall demand re-work confirmation in writing within the contractual time and provide supporting documents. Failing which, the change or event shall be deemed not to have caused re-work or material damage/scrapping; the re-work shall not be measured and the costs shall not be compensated." "Re-work caused by change or employer risk shall be measured, and the employer shall compensate the contractor's losses and/or direct costs of performing the re-work." This is the material-scrap-specific precondition: omission = deemed no scrap, no compensation.
2. Claim procedure and deadlines (8.11.3)
- The contractor shall submit a written claim notice of intent within the contractual period (28 days if silent) after the event, stating cause and intent; late notice is handled per contract.
- Within the contractual period (28 days if silent) after the notice, submit a written claim report detailing cause, contractual basis, claimed cost and/or extension days, with necessary records, evidence, and cost computation sheets.
- Claims involving both cost and time shall be raised together.
- For continuing effects, submit continuation notices at contractual intervals (<= 28 days if silent) or reasonable intervals, describing ongoing effects with records and cumulative costs/days.
- Within the contractual period (28 days if silent) after the continuing event ends, submit the final claim report covering the whole event with cumulative costs/days, records, evidence, and computation sheets. Default clause (end of 8.11.3): "Where the aggrieved party fails to claim within the agreed time, unless otherwise agreed by contract or provided by law, the claim may be deemed waived. Where the party receiving a claim report per contract fails to reply within the agreed time or at all, the claim may be deemed accepted."
3. Employer handling (8.11.5)
- After receiving the notice of intent, review records/evidence within the prescribed time; where supplementation is needed, request further evidence in writing within the contractual period (14 days if silent).
- Within the contractual period (28 days if silent) after receiving the report or supplements, reply in writing with the handling opinion; late or no reply may, absent contract terms, be deemed acceptance of the claim.
- For claims involving both cost and time, approve together.
- Once costs are agreed, pay them at the contractual ratio in current progress/process payments and the balance at completion settlement.
Applicable Boundaries
- The 28/14-day values are fallbacks "where the contract is silent"; contracts govern; "may be handled per contract" / "may be deemed" are not absolute forfeiture — loss of rights applies only absent other contract terms or legal provisions.
- Re-work confirmation and the claim notice are two independent acts, not interchangeable: confirmation targets change/employer-risk re-work and material scrap, within the contractual time — no fallback day count is set for it.
- The "continuation + final report" loop for continuing events cannot be skipped: without the final report, cumulative costs and days may not be assertable at once.
- Reports must attach cost computation sheets and evidence; all documents in writing with proof of service (deemed acceptance presumes valid delivery).
Further Reading
- GB/T 50500-2024: 7.6.1 (re-work confirmation), 8.11.3 (claim procedure), 8.11.5 (employer handling).
- See the comparison card for the evolution of default rules vs the 2013 edition's hard forfeiture; evidence-chain checking per the evidence card.
- Claimable costs, suspension losses, and appraisal calibers per the companion cost card (8.11.9/8.11.10; GB/T 51262-2017, 5.8.3).
Keywords
- 索赔意向通知书
- 索赔报告
- 返工确认
- 工程索赔时限
- 28天
- 材料报废
- 视为放弃
- 视为认可