The Study Engineering overdue Causing Disputes in Construction Projects

• Main Authors: Chun-Kai Chung, 鐘俊凱
• Other Authors: Jen-Rong Lee
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/22820466124340234658

碩士 === 國立高雄第一科技大學 === 營建工程研究所 === 102 === Since civil engineering usually involves a wide scope of things, unexpected situation is usually met in the engineering process, which leads to forced engineering delay or even stop of the construction, hence, dispute usually occurs between the customer and the subcontractor. Using “Data search system of Judicial Yuan”, we can acquire written judgment regarding engineering delay lawsuit, through the content of the judgment, we have obtained factors related to engineering delay and means of proof for the request of compensation of engineering delay, then through Fault Tree Analysis on the convergent minimal cut set, the main reasons causing the delay are then investigated. After summarization and analysis on the judgment collected in this study, it was found that the basis for the request of increase of the expense due to the engineering schedule delay includes article 227-2 principle of change of circumstances in civil law, article 227 the effect of incomplete performance, article 231 delay compensation-responsibility of irresistible change, article 491, the subcontracting payment, etc. If the engineering contract does not have clear schedule delay agreement, then according to article 230 of civil law, subcontract can submit a proof to prove that the engineering schedule delay is inscrutable fault and the subcontractor does not have to take the delay responsibility. Using the fault tree analysis, it can be seen that factors for engineering delay are mostly design change, climate factor, unperformed contract, incapable of delivery to the construction site, defect in construction quality, delay in construction schedule, pipeline location transfer, address change, delay from related subcontractors, protest from the local residents, etc.; among them, the design change factor has the highest probability to occur.