INCURRED CONSTRACTOR'S COSTS DUE TO EXCUSABLE DELAYS－FOCUS ON PUBLIC CONSTRUCTION

• Main Authors: Ya-Shuan Lee, 李亞玄
• Other Authors: Chih-Ming Jau
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/31812418993957491709

碩士 === 國立高雄大學 === 法律學系碩士班 === 99 === Public construction contracts possess its public welfare. However during the execution period, the contract will be defined as a contract of civil law. Therefore the extra costs evolved from the extension period become a difficult issue to claim if there is no mutual agreement in the public construction contracts. During execution public construction biddings, which from inviting tenders, reviewing tender, award bidding to sign contract with the final bidder, competent authority ,owner, is always in the leading position, and sketch the contract terms . Under this condition, how to claim the costs evolved from construction extension period are always not mentioned in contracts, once the extension works occur, contractors are always face the difficulty to claim the costs of extension period due to the court does not understand the characteristics of public construction, and always rigid the rules of contractor items in the civil law, and give constructor heavy burden and severe responsibility to propose proof. The goal of this thesis is hopping through exploring characteristics of public construction contract and the cost extension period real case study, can come to a more fair and justice argument. Looking forward the court con be more flexible explaining the public construction contract items, and the verdicts can be more fair.