| Summary: | 碩士 === 國立臺灣大學 === 機械工程學研究所 === 105 === The execution of public projects often encounters various unpredictable factors. This study conducted a series of analysis, which including the project after the discovery of cultural sites and the duration of the controversial processing, the impact of shutdown, the schedule calculation, the amount of compensation and how to avoid the 101 penalty to be analyzed.
Due to the discovery of cultural sites and lead to delays in the construction period and the cost of the project increases, the contractor will be difficult to compensate for the loss caused by this critical issue. In the past, the literature has not yet been explored for public projects to discover cultural sites that lead to contractor losses and compensation. In the case of court decision, the owners did not provide land on time to cause the contractor to terminate the contract, and the owner had to compensate the damage to the construction vendor. Therefore, the area where historical sites are found to cease construction is the risk of owners and contractors. If the contract has been specified in advance, it will help to reduce the risk of both parties.
Regarding the cultural sites occur in job site caused public projects "comprehensive" or "partial" shutdown, the attitude of government officials tends to preserve the cultural relics is a top priority.Although the owners and contractors agree that the government retains the attitude of cultural sites, it still needs to analyze and quantify the impact of cultural sites.In addition, the comprehensive shutdown has a great impact on public projects, so most of the respondents believe that the discovery of cultural sites, it should try to take partial shutdown strategy due towhich is more flexible.
Real support method is more likely to reflect cost increases and profit losses than proportional method. Therefore, the study proposed to use real support method to compensate.However, the contractor should have a management system for the project-related expenses, which will help to reduce the dispute. This study recommends that, once the site finds a cultural site, the contractor should be aware of the limitation of the penaltyof the Procurement Low and take measures to avoid penalties imposed by 101 penalties.
The discussion of this paper based on the contractor’s position to analyzed the compensation for the partial shutdown of cultural sites on job site. We recommend that prospective researchers be able to explore the view point of the owner or the government authority，even to establish a complete tripartite dispute solution among three parties.
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