Delayed Completion in Public Construction Contract with No Imputation to the Contractor
Date Issued
2008
Date
2008
Author(s)
Wu, Jo-Ping
Abstract
Due to the uncertainty, unpredictable factors during the performance of the construction, delay in completion are one of the most common types of construction disputes; however, the legal principles relating to delay claims have not been well developed yet. Among all the disputes, the situation to which the contractor is not imputed is the most controversial. This thesis, accordingly, focuses on such cases. As for the research method, except the analysis based on the domestic legel cases and the opinions of the scholars, this thesis also attempts to conduct a detail analysis on the foreign construction law, including their legislation and some of the acceptable standard contracts like FIDIC, JCT, AIA, as well as VOB/B. There are two key characters of the public construction contract law in Taiwan which result in most issues relating to delayed completion. The first one is that the terms or the conditions set in a standard contract are often unclear or unfair; the second is that the governing laws like Civil Code are implicit or ambiguous in such events. To response to the above-mentioned problems, the discussion over the interpretation and the validity of the provisions which substantially involves in the risk allocation in construction project is necessary. Suppose that the provisions relating to the unfair risk allocation are void, the acceptable petitions of fair and reasonable, good faith, or change of circumstances may be referred to; however, these uncertain legal terms could result in the consequence of the violation the legal certainty rule. For this sake, this thesis intends to structure a scheme of the delay claims by categorizing the delay-causative factors to concrete the law application. At last, some revision proposals will be submitted with an aim of achieving a sound legal order for public construction contract.
Subjects
Delay in Completion
Public Construction
Construction Contract
Standard Form of Contract
Exculpatory Clauses
No Damages for Delay Clause
Extension of Time(EOT)
Allocation of Risk
Collaborative Obligation
Delay Damages
Delay Claim
Type
thesis
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