工程業主是否約定仲裁之決策輔助專家系統
Date Issued
2005
Date
2005
Author(s)
蘇文康
DOI
zh-TW
Abstract
There are lots of characteristics of construction engineering. It may include numerous and complex tasks, different parties related, long terms in building, and variable conditions. However, the characteristics are also the objective reasons which induce dispute. Furthermore, the unexpected situation and conflicting benefit between the owner and builder, those easily bring about construction dispute. Therefore, resolution of dispute in construction management is important, and the builders and the owners also pay attention to this issue gradually.
Settlement of dispute is needed to choose a proper resolution, and arbitration is one of the most popular resolutions in Taiwan. The purpose of this study is to discuss what the factors influenced owner's choices of resolution are. When making a contract or after dispute arisen, the owner how to decide to go to arbitration or not. The study will analyze the process and consideration of choosing arbitration by expert interview and literature review.
When choosing resolution of dispute, most owner and builder consult attorneys or person who has experience of resolving disputes. People who have no experience or legal background can not make a proper choice; in other words, this is a professional and experienced issue. The expert system (ES) has advantage of saving and systematizing knowledge; therefore, ES can use the Knowledge more economically and effectively. It is helpful for owner to use ES; thus, we will develop a decision support system by rule-based System for owner in this study. The knowledge was acquired by interview with 10 experts, and experts consisted of arbitrators, attorneys, professors and senior managers in private and public sector. The study summarizes 8 factors, and we also interpret the sequences of the eight factors via their importance. This study not only suggested attributes of consideration of choosing arbitration, but also developed a decision support system for owner to use.
Subjects
仲裁
爭議解決替代方案(ADR)
履約爭議
專家系統
Arbitration
Alternative Dispute resolution (ADR)
Construction Dispute
Expert System
Type
thesis
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