Solution for the Dispute of the Highway Construction Contracy during the Construction Period

• Main Authors: Chuang, Chao-Ching, 莊朝景
• Other Authors: Shuh-Gi Chen
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/91816660877415482626

碩士 === 國立臺灣海洋大學 === 河海工程學系 === 102 === The author works now at the First Maintenance Office Directorate General of Highways Ministry of Transportation and Communications in Fook.After we contracted out the project, the contractor and the authority usually had cognitive differences, and it would result in the highway construction disputes during the whole period of constructing.Even though most of the contractors and the authority often had different views during the constructing, the contractors would still do the assignment of the authority, and then they would use the litigation or arbitration after the end of the project. In the process of the construction dispute, both sides should base on the principle of “fair and reasonable”, “good faith”, and “change of circumstances” to seek the solution agreed by both of them.If it is impossible to reach the agreement, it would lead to the litigation or arbitration. This study was based on the practical cases of the arrangement of the construction dispute at First Maintenance Office Directorate General of Highways Ministry of Transportation and Communications, and it would discuss, analyze, and give some command of coping.It would also base on the principle of transparency of information to collect and probe the information, and I hope it can offer some advice to the colleagues who need to arrange similar problems. Finally, it would compare some common ways of arrangement: mediation, litigation, and arbitration. I hope it can help the authorities need to deal with the similar situation to be able to select the most valuable solution in the future.