A Study of Analysis and Measures for Extension Dispute in Public Construction
Date Issued
2016
Date
2016
Author(s)
Cheng, Shao-Chun
Abstract
Due to the nature of public constructions is complex, high-priced, highly professional, high risk, long-termed, and large-scaled, every participant of the public construction has his own explanation of the contract, which leads to many disputes. Among these disputes, disputes on Extension of Time are the most common. This Study discusses the definition and scope of public constructions and relevant contracts, the classification of delay in Taiwan and foreign laws and claims for Time Related Costs as well as collects common contrac clauses related to Extension of Time. Further, this Study collects 223 judgments of the Supreme Court regarding extension of public construction projects from January 1, 2011 to May 31, 2016 and selects 98 cases for analysis. The top five reasons for extension are: change orders, natural disasters, extra works, delivery of land and affiliated companies. Except for natural disasters which are not attributable to both parties, the others are all attributable to the Owner or require the assistance of the Owner. This Study also analyzes and presents the opinions of Supreme Court and the strategies for disputes on Extension of Time, in the hope that such disputes may be prevented and reduced in the future.
Subjects
Time Related Costs
Extension of Time
public construction
Type
thesis
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ntu-105-P02521706-1.pdf
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