| Summary: | 碩士 === 國立高雄第一科技大學 === 營建工程所 === 96 === In accordance with the article pertaining to a public work contractual claim following a catastrophic event within the construction contract period, procedures for a claim should be filed within the construction contract period. However, in the practices of construction projects, contractors’ deferred claims often remain highly disputable. The purpose of this study is to probe into the “right to claims” outside the contract period, the causes for such deferred claims, and the effects they have on construction executions. The study and analysis is facilitated through court rulings collections and seminar conductions.
The research results show that the causes of the contractors’ deferred claims include: (1) contractors’ operational negligence; (2) avoidance of jeopardizing relationships with the agencies; (3) avoidance of final payment and performance security deposit delay; (4) deferred construction period approval following a variation order that results to punitive damage due to contractor’s delayed work completion.
The adverse effects on the agencies include: (1) inability to take prompt response actions and provide appropriate instructions for the agencies to avoid greater future loss; (2) difficulty in providing evidence and identifying liabilities; (3) considerations given to re-conducting completion inspection and re-computing the construction warranty period; and (4) failure for the contractors to receive claims as the remaining contract fees after the agencies’ final accounts have been submitted to the national treasury.
In view of the results of court ruling cases analysis, although some courts award claims to contractors outside the contract period based on the 2-year time limit in compliance with the Civil Law, most courts are in favor of the time limit of contractual compensation regulations. 67% of the cases deem contractors “deprived” of their rights to claims. It shows that deferred claims subject contractors to risks. It is recommended that the contractors notify relevant agencies following a catastrophic event and file procedures for a claim as regulated in the contract. The purpose is to keep records of documents pertaining to claims as legal proof and avoid court rulings that deprive the contractors of their rights to claims who fail to file applications for procedures for a claim.
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