The Adaptation to the Delay due to Natural Hazards

• Main Authors: Hung-Kang Chan, 詹宏康
• Other Authors: Hui-Mi Hsu Ph. D.
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/22017397033947469025

碩士 === 國立宜蘭大學 === 土木工程學系碩士班 === 102 === Taiwan is an island located in southeastern Asia and surrounded by sea. For a location like this, Typhoons and earthquakes are major natural hazards that often occur in Taiwan. Due to the global climate change, the infrastructure such as roads and bridges in Taiwan suffer from the serious environmental impact and face unexpected risk from natural hazards. Therefore, it’s quite urgent necessary to adopt an adaption in infrastructure. The adaption is defined as adjustments to natural or human systems in response to actual or unexpected climate change and it can help manage these risks by making infrastructure more resilient. The government has the sole power to decide what type of contract should be used and to set forth the terms in a contractual agreement. Due to climate change, it is important to understand the associated risks or the issues related to the damages in the construction project, namely the delay penalty and increased management cost, which may not be clearly defined by the contract governing the project in general cases. In fact, the matter of damages for delay should be clearly defined by the contract governing the project. If the contract does not make provision or which determinate in the contract without any justification for those unprediable issues, we would have to look at the liability evaluation, risk assessment as well as the law governing the contract. We conclude that it is a matter between the contracting parties, those parties can vary the terms in the contract. For the case like the one in which liability is excusable; the employer should not be compensated for the contractor's delays, it does allow contractor make a claim under the modified terms for the Engineer to assess his potential management loss. Hopefully, the study may provide a valuable solution or reference for those practical cases which may not be solved properly.