Extension of Time and Incurred Costs in Public Construction

• Main Authors: HSIAO,CHING-YIN, 蕭淨尹
• Other Authors: LIN, CHENG-ER
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/ghcm29

碩士 === 國立臺北大學 === 法律學系一般生組 === 105 === When it comes to public construction contact performance, the dispute has been quite extensive; which include valuation dispute, contact change dispute, time-limit for contact performance related dispute, payment dispute, "Lump-sum" dispute, etc. The highest percentage of them all is “time limit for contact performance related” (include: time-limit for contact performance, liquidated damages for delay, time extension incurred costs). Until now, there still are a lot of people, either from law or construction professions, devoting themselves on how to reduce, solve, or even prevent the dispute, but the issue still emerging one after another. Given that as above, this abstract is focusing on the extension of the time and the incurred costs of extension, by collating the judicial decision, arbitral awards, Doctrine, by comparing the related issues between FIDIC and Taiwan, by sort out related disputes, we hope to make a construction law or modify current law and make a fairer construction contact. Also, we expect our country can establish a system that is fair and reasonable, make a good public construction environment, reduce the dispute, implement Government Procurement Act Article6 “In conducting any procurement, an entity shall observe the principle of protecting public interests, fairness and reasonable, and shall not accord differential treatment to suppliers without due cause.” “Extension of the time” involve “commencement of works” and “construction period”, also the main reason contractor extend the time is to avoid liable that cause by the construction delay. About extension of the time and delay will be discussed in Chapter 3. Chapter 4 is about related regulation from FIDIC red book. Then, we will be discussing common issues in Cheaper 5, like reasons of extension, elements of extension, extension process and proof of extension time. About “Incurred costs during time extension”, if contractor can claims the incurred costs, on what basis, range and means will be in Chapter 6. In the final Chapter, there will be suggestions and the conclusion on “Extension of time” and “Incurred costs of extension” of this abstract.