The study of controversy cases over public constructions comply with an agreement.

• Main Authors: Yen-Ching Yen, 顏燕清
• Other Authors: Ku-Yu Chang
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/23822574008579218893

碩士 === 國立臺灣海洋大學 === 河海工程學系 === 96 === Abstract In the overall economic environment, construction projects played a locomotive industry, construction indicators could show the economy candidate Katherine, a target role. Government is the country's economic development strategy to promote public works projects to stimulate the economy so that the relevant industries with the country's economic development and adjust the direction of business development goals. The domestic construction industry works to enhance the quality of the concept of widespread profit-oriented, making money is the opportunity for the development of enterprises, leading to the pursuit of profit in the process, so that the performance of public works disputes continue to occur, affecting the progress of nation-building. This study of the controversial public works projects in recent years, with actual case study, analysis of arbitration and dispute resolution proceedings, it can really deal with the performance of public works disputes. The owners or contractors of the risk of liability, whether a fair and reasonable share. On a point of law of public works in the controversial performance reasons, summed up a reasonable, lawful, in line with social equity, justice of the solution is to reduce the controversial process because of the cost of social costs. From dealing with cases of domestic disputes, arbitration judgement tendency mining permit freedom of the heart and equitable principles, the more simple disputes, a more efficient solution. Not spend the lengthy proceedings, funds that could cover short-term bet, it is the manufacturers to accept treatment. The authorities, the outcome of arbitration is more negative and will have an arbitration clause of the contract cancellation. Government Procurement Law No. 85 of the arbitration clause added to a modified, public works disputes are resolved or reduce disputes, are required to verify time. The study concluded that public works dispute resolution, adopted mandatory arbitration, is not the best or the only way, to ensure that the parties can not be right. Information from the case taken by the situation analysis, the arbitral tribunal and the free evaluation of evidence, the Court adopted the principle of equitable evidence, and the principle of good faith differences, the result of the truth, the highlight of fairness and justice, whether to give the parties a reasonable umpire, it is necessary Act provisions of the stringent regulations and strengthen the arbitration system and the ethics of the lease terms of the stereotypes, such as the rationalization of the package of measures to be practical. Finally, on the performance of public works deal with disputes on the overall economic impact on the environment, the personal views of view can help improve the quality of public works, construction works on the establishment of national social history of responsibility and consensus.