| Summary: | 博士 === 國立中央大學 === 土木工程研究所 === 97 === One major difference between FIDIC conditions for construction contracts and conventional conditions in domestic construction contracts in Taiwan is that the Engineer is employed in FIDIC contracts. As the “Engineer” is not a contracting party, but is authorized to manage the contract, the structure of relationship between the “Engineer” and other participants in the contract is often difficult to distinguish. This study explores the structure of relationship among the participants and the “Engineer” from legal point of view and tries to make some clarification. In addition, in order to solve the Engineer role''s trust problem derived, try to construct the trust model of the public project suitably and evaluate to each participates in the trust among the roles in public project.
This study, through expert interview, comprehensive questionnaires, and collection of viewpoints of clients, contractors, and architects/engineers (A/Es), involved in public construction projects employing the Engineer role between 2003 and 2006. Some conclusions can be made as the followings:
(1) The “Engineer”, substituting the client entity, carries out the task of managing construction contract will become a future trend.
(2) The conflict of professional status between the “Engineer” and the full-time engineering staff of contractors could be resolved by improving the legal position of the “Engineer” and by implementing the principle of balanced power and responsibility of the “Engineer” through the contract terms.
(3) A table maps out the responsibilities of each party in a public works contract is derived in this study and can be a reference if any public entity adopts the “Engineer” in it construction contract.
(4)A trust model is proposed to conduct a trust evaluation for public entities to the engineer, the engineer to contractor, and contractor to the engineer. The trust model was verified to enhance the trust management.
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