A Study on Assessment of Adjacent Third-party Property Damage Caused by Construction

• Main Authors: Huei Ru Chen, 陳輝如
• Other Authors: Biann Sheng Tsui
• Format: Others
• Language: zh-TW
• Published: 2004
• Online Access: http://ndltd.ncl.edu.tw/handle/41265078844013358447

碩士 === 國立臺北大學 === 法律專業研究所 === 92 === The urban areas in Taiwan are developing at an alarming rate. Crowded communities are spreading out as the population density increases. However, land resources are limited and expensive. For the purpose of better utilizing the land resources, the height of buildings and the depth of foundation works shall achieve the maximum potentiality. As a result, it is common that construction sites in progress are quite close to the buildings nearby. To prevent the construction sites in progress affect the nearby surroundings or even result in damages to the neighboring buildings, high level professional engineering knowledge and construction technologies as well as careful and exact construction management are required. When the neighboring building or the public safety is damaged by the adjacent construction site, a dispute between the constructor and injuried party will arise, and may become a serious problem in the society. At the time, it should rely on a fair and justice investigation and assessment to ascertain the causes of the accident so as to clarify the responsibility and resolve the dispute. A professional assessment system which a resolution of a dispute relies on shall be objective, fair, and sound. Otherwise, the dispute may be expanded. However, causes to construction disputes are getting complicated, all of the procedures, such as deciding on the responsibility of an accident attributed to, evaluating on the damage compensation, and discussing on recovering strategy, shall be processed and justified exactly and fairly in accordance with technology knowledge, laws and regulations, and “Guidelines to Assessment” issued by related assessment organizations. Therefore, an assessor who is assigned by such assessment work shall be of plentiful knowledge, practice experiences, ability for observation, and detached and objective spirits. Also, sound guidelines for assessment procedure are required for being the standard for the assessor’s works. Establishing an objective, fair and sound professional assessment system will be effective and practical. On the contrary, the dispute may not be well resolved, or even getting worse, if different professionals and special skills can not obtain respects from the assessment system. The motive for writing this thesis is to think about a way to continue lifting the professional level in construction assessment, including the ethic aspect and the technical aspect of an assessor, standardizing assessment technologies (i.e., site investigation, evidence collections, and sampler analysis), principal procedure for assessment process (i.e., assessment group organizing and data collecting), independent justification and issuance of the assessment report by the assessor, re-examination, contents and drafting of the assessment report, and current problems of adjoin dispute. In Chapter 2, an explanation on the dispute of damages to the adjacent third-party property caused by construction is provided, including causes of the damages to the adjacent third-party property caused by construction, potential effects to constructors, damaged neighborhoods as well as the society in this kind of adjoin dispute. In Chapter 3, a brief of the assessment system in civil procedure will be described, and also focus on relevant issues regarding the assessment system in civil procedure, such as necessity of assessment and re-assessment, time spent, object collections for assessment, equipments for assessment, and evidentiary effects and evidentiary value of assessment opinions. In Chapter 4, assessments on different types of adjoin disputes caused by construction will be described. Besides, some current issues concerning the assessment on adjoin dispute caused by construction will be discussed in detail in this Chapter, including assessment on the adjacent building before the site starting into construction, defining the territory in which the adjacent building included for assessment purpose, existing damage of the adjacent building, difficulties in maintaining the current state of the accident place and evidence, required period completing the assessment, charge for the assessment, difficulties in clarifying the attributive responsibility due to vague language in the assessment report, different results provided by different assessment organizations. In Chapter 5, the focus is on how to improve the assessment system from analyzing each aspect of the ethic and technical requirements of the assessor, standardizing of the assessment technology and the principal process procedure, and contents of the assessment report, etc. In the last Chapter, a conclusion on the aforementioned issues and the current measure will be provided.