The Research of Disputes on Construction and Final Acceptance in MRT Project

• Main Authors: Tsay-Ming, 蔡明憲
• Other Authors: 姚志明
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/09929891019045742034

碩士 === 輔仁大學 === 法律學系碩士在職專班 === 103 === This paper aims at the disputes arising in each process of MRT project, including disputes on route planning, bidding and tendering, construction, final acceptance and guarantee period. The disputes between the official and the contractor are generally settled by the ways of protesting, appealing, conciliation, arbitration and litigation. However there is no specific article in the contract agreement to govern the corresponding dispute. Even in civil law, there are only 26 clauses related to contracting. Because the contract agreement is commonly partial to the official, it makes tension between two parties and it is unfair to the contractor. The tendering strategy of Taipei MRT is mainly as follows. The Department of Rapid Transit System (DORTS) contracts out the project to the consultants to make detail design. When design works are completed, the construction bidding is executed by the Open Tendering Procedures to the contractors. After construction is built, it is transferred and leased to the Taipei Rapid Transit Corporation (TRTC) to operate the MRT system. And a part of operating revenue is contributed to the Taipei City Government as MRT fund. The legal relationship between each party is discussed in this paper. In addition, the turnkey tendering strategy is also discussed in this paper by introducing the project of Danhai Light Rail Transit System in New Taipei City. Two inspections are held, the initial inspection and the final inspection, to ensure the standard of MRT operation is achieved. The attendees of the inspection include contractors, DORTS, TRTC and inspectors. The inspectors of each inspection are invited by DORTS and Ministry of Transportation and Communications, respectively. Due to the complexity and time consuming of MRT acceptance, it causes extra manpower, time and construction cost which is beyond the contractor’s estimation. The purpose of this paper is to provide some cases as references for the similar disputes arising in the future, and to make win-win-win situation by considering standpoints of all parties. Keywords: contract agreement, final acceptance, guarantee period, turnkey, initial inspection, final inspection, construction disputes, maintenance standard, acceptance disputes