An Analysis of Contract Fulfillment Dispute of National Expressway
Date Issued
2006
Date
2006
Author(s)
Luoh, Yi-Ming
DOI
zh-TW
Abstract
ABSTRACT
National expressway construction is characterized by long terms of construction, high contract fees, difficulty obtaining the land. Therefore, there are controversies during the construction. This study explores 101 arbitration cases on National Expressway Construction between 1993 and 2004 and discusses factors involved in cases and existing literature on public construction with the hope to reduce further controversies. Factors involved in arbitration cases are generalized through interviews with experts and two-stage questionnaires on attitudinal scale and statistical tests are conducted in order to confirm whether such factors are in consistent with those induced from real cases and previous studies. The generalized factors can be divided into seven categories: (1) natural disaster and delay in obtaining land; (2) dispute over the contract; (3) national policy change; (4) public opinions and jurisdiction of the government; (5) ill-planning or poor construction; (6) contractors’ faults or defaults; and (7) unforeseen reasons. Among the 101 arbitration cases, average arbitration fee is approximately 34% of the amount the contractors’ request. Asking for compensation due to longer terms of construction is the most controversial type, whose factors mainly include natural disaster and delay in obtaining land, national policy change, public opinions, and jurisdiction of the government, ill-planning and poor construction. These are major areas the authorities concerned should take into consideration. In addition, whether or not longer terms of construction can ask for compensation mainly lies in the fact that there are obvious facts and that longer terms can be attributed to the employer.
Subjects
履約爭議
national expressway construction
contract fulfillment dispute
Type
thesis
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