Statistic Analysis and Applications of Liquidated Damages of Public Construction Projects in District Courts

• Main Authors: Kun-Nan Lin, 林坤南
• Other Authors: Nie-Jia Yau
• Format: Others
• Language: zh-TW
• Published: 2006
• Online Access: http://ndltd.ncl.edu.tw/handle/z9gbn4

碩士 === 國立中央大學 === 營建管理研究所 === 94 === Liquidated damages are not rare cases in construction disputes, especially for public construction projects. Since these projects are relatively large in scope, their liquidated damages are always in huge amount of monetary values. Thus, liquidated damages have become an important issue if the project is not completed within the contractual period. Recent public construction disputes, resolved by mediation or arbitration, were found to be very disappointed to the public agencies responsible for the project. The huge amount of compensations paid to the contractors put even more pressures to the personnel who were in charge of the projects. As a consequence, litigation has become a popular means to resolve any construction dispute that may occur. For the issue of liquidated damage, there are many cases, sentenced by district courts, electronically available from Internet. A frequent used ratio, i.e., liquidated damages to project size, determined by the judges would provide help in making decisions to the personnel who are dealing with this issue. This research collects 73 cases that involved liquidated damages from twenty district courts in Taiwan for the past seven years. A case base was established by storing various fields, such as causes of disputes, project sizes, project duration, types of projects, amount of damages, etc.; for each litigation case. A statistic analysis was then performed against the case base to investigate the relationships between the amount of damages/ratios and those fields. Finally, a prototype system using Case-Based Reasoning technology is implemented to retrieve similar litigation cases for a particular case. Reasoning results form the similar cases is able to provide assistance in decision-making to the personnel who are involved in such cases.