| Summary: | 碩士 === 國立交通大學 === 土木工程系所 === 97 === Construction contracting is becoming increasingly complex and litigious. Owners are reacting with 500-page or more contracts which attempt to place all responsibilities on the contractor. Contractors are reacting with pages and pages of exception and classification to the terms and conditions.The dispute in public construction works during performing contract stage has been increased over the years. During tendering, the draft contract prepared by various institutions mainly concentrates on protecting their own rights and interests; therefore, the contractor who won the tender has to incur damages due to the unfair provision in the contract. This subsequently results in contract disputes unceasingly. In large construction projects, the amount of documentation is massive. This causes management of construction disputes a very difficult issue. Often, the contractor do not realize the importance of documentation, until the late stage in the construction, only to find out that the needed piece of document had been missing. A dispute occurs when the contract documentation is sometimes interpreted differently by the two parties; events that were considered unlikely occur and variations are valued differently by each party. Even one dispute can substantially increase project cost and duration and consume an enormous amount of project resources and time. The most concerned issues are as following：
1. Most of the contractors have limited ability in contract management and knowledge. Commonly, a contractor incurs loss while executing projects, but is unable to prove that the loss is due to the owner’s breach of contract, or the behavior of unite efforts by the owner, or the incompleteness of keeping daily working records.
2. The contractor is usually unable to provide a complete documentation and the evidence for expenses due to the duties of other contract parties. This makes the contractor suffer from invisible damages.
This study acknowledges the technique of case studies and selected local large-scale construction companies as the study target, had also interviewed the professional contractors whom are experienced in construction contract. This study applies not only the reality situation about contractual dispute, but can provide the contractor to encounter those problems, but also the meaning and function of contractual documentation to resolving disputes.
Keyword：Construction Disputrs；contractual documentation；arbitration；Case Study
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