| Summary: | 碩士 === 國立政治大學 === 法律科際整合研究所 === 107 === A harbour dredging work is typically much more complex than other construction works. It usually includes underwater excavation, which requires rather sophisticated technology to obtain accurate information such as soil and sediment conditions of the dredging area. Climatic, hydrological conditions, ship movements and dredger mobilizations are also important factors for a dredging project.
FIDIC, International Federation of Consulting Engineers, published the first edition of standard contract for dredging works in 2006 (as known as FIDIC Form of Contract for Dredging and Reclamation Works, The Blue Book). The second edition is released in 2016, which is more user-friendly and more specific to dredging industry.
In light of the above mentioned, this thesis focuses on FIDIC Blue Book and related disputes on habour dredging projects in Taiwan. This study concludes that the current contract for construction of PCC, Public Construction Commission Executive Yuan, may be unsuitable for dredging works in Taiwan. To avoid possible disputes, PCC shall refer to the related clauses of FIDIC Blue Book. PCC may draft a special contract for dredging constructions or adjust provisions of the current contract to provide more specific guidance. This study classifies disputes on harbour dredging works in Taiwan into three categories: natural factors, human factors and siltation factors. Few suggestions are followed along the above categories.
For soil conditions of natural factors, the employer shall provide contractors with a geological base report as the reference for soil conditions of the dredging area. On the other hand, contractors shall investigate the site within reasonable time and cost. This establishes expecting soil conditions around the dredging area.
For climatic and hydrological conditions of natural factors, clearly allocating risks of climatic and hydrological conditions is recommended. Employers shall provide contractors with detailed climatic and hydrological information of the dredging area.
For obstacles of human factors, clarifying the definition of obstacles in the contract is suggested. Employers shall bear the risk if an unexpected or hazardous obstacle occurs on the site.
For ship movements of human factors, employers shall provide information of ship movements in the dredging area. This allows contractors to choose proper dredgers and methods of the dredging project.
For siltation factors, contractors shall be entitled to extend time for completion within prompt notification to the employer. The provisions of partial taking-over shall be planned well to avoid disputes in cases of sudden siltation, where it is unfair for contractors to bear the risk.
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