A Study of Construction Contract Disputes-Focusing on Contractual Change Order

• Main Authors: Hwuaming Tsou, 鄒華明
• Other Authors: Chih-Ming Jau
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/mu7262

碩士 === 中原大學 === 財經法律研究所 === 103 === Abstract After the constitution of contractual contracts, disputes are governned by civil law. During the performance of the contracts, we may have the issues of not performing (not possible to perform/incompletely perform/default/refuse to perform) and the warranty of defects. Meanwhile, contractual contracts focus on the “Hire of Work”, but in Taiwan Civil Law, there is no such regulation provided by the act specificly for contractual contracts when disputes happen. Therefore, the intention of this dissertation is to study the proper law, which applies accordingly to different disputes of contractual contracts from the practical point of view. The majority of disputes happen during the performing stage due to the specific property of the contractual contracts (long-term, wide-coverage and high-volume). During aforementioned stage, the performance could be defaulted by unexpected circumstances or force majeure, and develope liability or duration extending issues. In this dissertation, we will discuss the claim grounds, liability derived from the legal relation. The contractual change order is one of the major types of disputes, and those disputes happen especially during the performing of the public construction contracts. The high complexity of the bidding process and the document preparation, also the price index variation and the dratic government policy changing can make the undertaker or proprietor change the original contracts. The changing can cause the termination or rescission of the contract, which will impact drastically the performance of such contracts. Therefore, in the dissertation we will introduce the major types of contract changings and their effects, then comment on the case of NTU Sports Center as an instance to see what the judicial opinion is. Responding to the high complexity and controversy of the construction contract, FIDIC, founded in 1913, released a series of “Condition of Contract” for undertaker and proprietor to have a good reference when drafting a construction contract. Then Taiwan also announced several similar condition of contract for local reference. Among different conditions of contract, there are many differences, which may cause disputes, therefore this dissertation will try to consolidate and compare the differences between the most common “condition of contract” used in Taiwan constructional contracts to see how different those are from the FIDIC version. In the meantime, we can understand how we operate in practical to draft the construction contracts in Taiwan. Given that, we can clarify the difference between judicial regulation and practical operation. Through this study, hope we can have a better understanding of the disputes of the construction contracts especially those derived from the change order by consolidating the majority of disputes and their legal relation and comparing the differences between local and FIDIC condition of contract.