『The Preliminary Study On The Results Of Arbitration Cases For National Expressway Engineering Bureau』
Date Issued
2007
Date
2007
Author(s)
Ku,, Yeng-Fong
DOI
zh-TW
Abstract
Abstract
Due to huge cost, long duration, work area problem, and complex construction methods, the expressway projects inevitably have many disputes between the contractors and the clients during construction. In the local system, when the agreements of dispute solution are not reached, they can go for conciliations, arbitrations, or lawsuits. According to the contract between The National Expressway Engineering Bureau (NEEB) and the contractor, if they both are pleased, either of them can call arbitration for any dispute.
The NEEB has experienced over 100 cases of arbitration since 1990. More than 20 other cases are still proceeding right now. This study collected 88 samples among the arbitration cases mentioned above. The arbitrations in each engineering division of NEEB were compared. Using the software of Statistical Package for the Social Science (SPSS), this study checks nill hypothesis of bid prices, claim money amounts, and the final money amounts. The claim-compensation ratios of arbitration were analysis by T-test, significant level, and their variables.
After cross comparison, claim-compensation ratios showed to be influent by different category of project, different engineering division, and different law office.
The preliminary conclusions was
1. The claim-compensation ratio in Third Expressway project is higher than the other projects in NEEB. The tunnel projects are higher than the bridge projects.
2. The arbitrations in NEEB are not certainly lose.
3. The “lose” means if the claim-compensation ratio is higher than the average of 31%.
This study recommends that NEEB choose conciliation in Public Construction Commission, Executive Yuan to be the first priority to solve their dispute. NEEB should accept the conciliation if the claim-compensation ratio is lower than 31%, or reject the conciliation if it is higher than 31%.
Subjects
仲裁
理賠率
均數檢定(T-test)
Arbitration
Claim-compensation ratio
T-test
Type
thesis
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