A Case Study of Disputes for Public Construction Projects
|Keywords:||公共工程;履約爭議;磋商;調解;仲裁;public works;compliance disputes;negotiation;mediation;arbitration|
Compliance disputes in public works during the construction period occur frequently in Taiwan. The disputes may attributes to the omission in design considerations resulting in difficulties of practical enforcement for the contractor, or lack of experience of the undertaker in judging the conflicts between the PCM and the contractor, or the undertaker may even deliberately make things difficult for the contractor. These disputes often lead to insufficient cash-flow of the contractors and bankruptcy as a consequence. This apparently has become an inevitable fate for many contractors. Once happened, it is critical for the contractor to explore the ways to react to the situations appropriately without making mistakes and thus making the owner impartially deal with the disputes by law. Based on a true compliance dispute case of public work in which the contract is eventually terminated by the owner, this thesis discusses the possible improvements of the responding strategies for the contractor to settle the interruption of public construction projects in dispute by avoiding further complicating the disputes to allow for resolving the deadlock. Furthermore, this study also discusses the possible alternatives when the owner refuses to take on measures of negotiation, mediation, and arbitration that are common to resolving compliance disputes. This study is meant to provide suggestions to compliance disputes as a reference for the industry to help in reducing the impacts of disputes and hopefully protect the contractor’s right and interest.
|Appears in Collections:||Thesis|