A Study on Litigation Efficiency for Dispute of Entry Omission under Construction Contract

• Main Authors: ChingWen, 温擎
• Other Authors: Yaw-Kuang Chen
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/mpunvc

碩士 === 國立成功大學 === 建築學系 === 106 === This paper conducts a legal analysis on entry omissions in engineering contracts and examines the scope of work in the contracts and the legal regulations governing contract prices. This is followed with the review on legal disputes concerning contract prices, to establish an overall understanding of entry omissions. Milestone cases are presented; plaintiffs’ claims and defendants’ oppositions are analyzed. This paper tallies the trial statistics, delves into the differences in court opinions at different trials, and scrutinizes the litigation efficiency. A statistical analysis is performed on the lawsuit efficiency on entry omissions regarding court decisions, litigation time horizons and costs, as the metric for overall efficiency. The purpose is to draw an objective picture of court decisions on claims for entry omissions. The research finds that the main disputes on entry omissions are about contracting fees, improper gains, damages, and circumstance changes. The probability of lawsuit victories is the highest with contracting fees (28%) and improper gains (24%). However, the reasons for entry omission claims are limited by the different nature of contracts. It is thus necessary to conduct an ex-ante analysis on whether a contract is classified as a lump-sum contract, whether missing engineering items are part of the contracted work scope and whether the entry omissions are necessary. This helps to avoid claim failures by contractors and secondary victimization of contractors. Keywords: entry omissions, contract lump-sum prices, turn-key contracting