Dispute Resolution of Public Construction Project and Case Studies

碩士 === 國立臺灣海洋大學 === 河海工程學系 === 105 === Public construction plays an important role on national economy. The operation condition and quality directly affect the engineering quality of public construction. Modern society concerns about environmental protection, social welfare, public safety and profes...

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Bibliographic Details
Main Authors: Wu, I-Chieh, 吳依潔
Other Authors: Huang, Ran
Format: Others
Language:zh-TW
Published: 2017
Online Access:http://ndltd.ncl.edu.tw/handle/ez3npe
Description
Summary:碩士 === 國立臺灣海洋大學 === 河海工程學系 === 105 === Public construction plays an important role on national economy. The operation condition and quality directly affect the engineering quality of public construction. Modern society concerns about environmental protection, social welfare, public safety and professional expertise. Public Construction Commission (PCC) of Executive Yuan enforces the related regulations according to the requirements of Procurement Act. Resolution of dispute about the contract of public construction is regulated by the law. In the past two decades, many contract disputes among the owners (government agencies), architects, consultant firms and contractors occurs. This study is aimed to investigate the main causes of contract disputes and proper actions to solve disputes among stakeholders. By thorough literature review, the types of contract disputes and resolution methods were analyzed and more than 3000 dispute cases of public construction projects were collected and categorized. In addition, a total of 369 law suit cases of contract disputes obtained from six local courts were discussed and used to illustrate the main causes and resolution results of contract dispute. Payment calculation, contract clarification, project working day calculation, equivalent quality item recognition and contract change are the main reasons to induce disputes. And, the best way to prevent contract dispute is to conduct contract management for all the project stakeholders and arbitration is an effective and efficient method for dispute resolution.