| Summary: | 碩士 === 國立臺灣大學 === 土木工程學研究所 === 106 === Delay of public infrastructure projects which is not imputed to the contractor might lead to time extension disputes. Disputes related to differing site condition not only have significant impact on construction period and payment, but also give rise to different opinions among law practice and theory. This thesis, accordingly, focuses on the study of such cases.
Differing site condition means that the actual construction site condition is significantly different from the initial expected condition. It is beyond the prediction of an experienced contractor by surveying the site or inspecting the data and information of the site provided by the owner during the bidding and contracting process. When differing site condition occurs, the disputes will mainly focus on whether the owner should agree to extension of time and reasonable compensation of incurred costs of extension, and how the parties should reasonably allocate the risk, if it is not specified in the contract or if the contractual terms are unfair to the contractor.
This thesis first introduces the concepts and disputes of extension of time and differing site condition, afterwards, cites six relevant cases (including court judgments, arbitration awards, and mediation suggestions), and analyzes the major means of attack or defense of the owners and contractors as well as the opinions in practice in these cases. Although the legal opinions have not converged, the owner and the contractor can still take appropriate countermeasures beforehand to prevent disputes, and properly react in disputes in order to win favorable judgments for themselves. This is the conclusion and suggestion mentioned in the end of this thesis with a view to providing references for dealing with such cases.
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