The Comparison of Time Extension Activities Claimed for General Condition between Taiwan and FIDIC

• Main Authors: Tien-Sheng Chou, 周天昇
• Other Authors: INGE YIN-CHIN CHEN
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/30104423272416919557

碩士 === 中原大學 === 財經法律研究所 === 98 === Extension of time, either in local or international projects, is always the thorniest problem to deal with in construction disputes. After Taiwan joins Government Procurement Agreement, the local engineers and law staffs have been facing a critical issue—How to enhance local engineering contract system to become internationalization. Unlike American and British law systems with construction law to judge and settle the construction disputes, Taiwan local civil contract law system only possess general effect of regulation of traditional contract. Although Taiwan Procurement Law has been adopted as a basis of applicable law for engineering contracting parties of public construction projects, till now there are still no any specific articles applicable to extension of time issue. This is a root cause and stumbling stone that hold Taiwan from being an international engineering contracting society. Without any doubt, engineering contract is a basis of mutual agreement of all parties for construction implementation. In addition it is the specification that defines rights and obligations for both parties. Under condition of construction disputes, the engineering contract is the judge’s major and critical basis to examine the case. Therefore, it is very important to establish a fair, reasonable, and international construction contract model, in order to expedite internationalization of Taiwan construction environment. Based on the claim request right of extension of time in engineering contract, this research compares the differences between Taiwan and Foreign engineering contracts. As for Taiwan engineering contract condition, three different types of conditions are quoted：”Construction Summary Specification 00700 General Conditions”, “ 00406 Short Form of Contract” and “EPC Contract”, issued by Public Construction Commission(PCC), are utilized as a base scheme. Then, the essence of this research focus on the variance analysis derived from comparing the above base scheme with Foreign practices—extension of time Conditions of Contract for Construction (1999 new Redbook) that is broadly adopted by international financial institutions. This research is also intended to study the perspective of British Construction Law Association with regards to extension of time related articles based on the Society of Construction Law Delay and Disruption Protocols, and intended to cover the analysis of delay retrospective. For example, As-planned v as-built, Impacted as-planned, Collapsed as-built, Time impact analysis etc. After studying construction delay articles and retrospective, this research utilizes a design case to study how retrospective is applied to an international construction project so that extension of time dispute can be investigated in justice and factuality. Finally, with those suggestions made in this research to improve the extension of time articles of Taiwan contract conditions and retrospective adopted in foreign projects, it is the writer’s intention to facilitate Taiwan construction law system to become international, in the aspect of construction delay judgments, and professional, in the aspect of establishing construction delay regulations. Then, this research can be served as a reference for those engineers and law staffs who have to examine construction delay.