| Summary: | 碩士 === 國立高雄第一科技大學 === 營建工程所 === 96 === Institutions in Taiwan promulgate individually different contract models, such as Treaties and Agreement on Government Procurement from Public Construction Commission of Executive Yuan, Taiwan. However, there is no trend in diminishing disputes under foundations of exercising contract models of public construction. Especially, disproportionate risks allocations, and flaw regulations on mutual rights and obligation cause disputes constantly.
This paper is based on judgments and precedents of high court, and established a cross-reference table among dispute reasons, contract clauses, and legal clauses. People who deal with construction disputes can search relative contract clauses and legal clauses as legal bases and control clauses correlation through the cross-reference table. Then they can analyze linkages of contract clauses and legal clauses, conclude the disputation and legitimacy, and further propose suggestions for modifying contract clauses and amendments for clause management.
This research lists nine discrepant clauses from contract clauses and legal clauses, and suggests seven improvements. Besides, through studying disputation of contract clauses, we acknowledge that the highest disputation clause is relative regulations of valuation and timeframe of project.
|
|---|
