| Summary: | 碩士 === 國立高雄第一科技大學 === 營建工程所 === 91 === Following the increasing scale and complexity of construction projects, various disputes and claims are raised and caused project delays, cost overrun, and poor quality.
The major function of arbitration is to clarify the responsibility of any disputes occurred in the course of the construction. Since 1989, Taiwan government has been required to stipulate the arbitration clause in all public projects and furthermore, in 1998, Business Arbitration Law was enacted to strengthen the process of arbitration in settling disputes. In more than ten years after the arbitration was adopted in public projects, it was found that many government agencies were considered lost in most cases and had to compensate a large amount of money, and thus, some government agencies had replaced the arbitration clause with mediation and litigation clauses.
This study focuses on the application of arbitration, the process, and results of the arbitration were examined. Information gleaned from forty cases together with interviews with numerous experts was analyzed to find out the causes of the disputes and the unfavorable arbitration results against the government agencies. It is suggested that a set of fair contract conditions, the proper contract management, and the sound arbitration process are essential to avoid any dispute and resolve it if any.
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