The Case Study of Public Work Contract Disputes For Extension Period Caused by Change Order

• Main Authors: Hou-Shiu Chen, 陳厚旭
• Other Authors: Ying-Hua Huang
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/d72qwk

碩士 === 國立雲林科技大學 === 營建工程系 === 105 === Abstract The characteristics of public works are huge funds, long construction periods and complex projects. During the construction period, change orders usually lead to extension period and result in contract disputes. This study collected construction contract templet from various governments and the High Court civil litigation judgments from 2010 to 2014 for data analysis. Pearson's chi-squared test was used to explore the differences of the reasons of change order among different project variables. It was found that the projects with the highest probability of disputes are transportation and housing construction projects. The most cases’ owners are central governments. The highest proportion of engineering funding level is 1 million to 50 million. Through statistical analysis, this study summarizes nine major reasons of change order, including construction method changes, design errors, project content adjustments, quantities adjustment due to agencies instructions, people protests, agencies’ demand changes, land rights, no actions of agencies, and laws/regulations changes. The article with the highest citing rate is Article 227-2, Principle of Change Circumstances, of the Civil Law. It was found that the probability of the reason, people protests, happened in transportation projects is significantly different from that of other projects. The probability of the reason, agencies’ demand changes, happened in the projects with funds ranging 200 million to 1 billion is significantly different from projects with other fund levels. This reason also happens more frequently in the transportation and housing construction projects. Therefore it should be strengthened the investigations of land ownerships and agencies demands, and measurements before construction for these two type projects in order to reduce contract disputes during construction. According to this study’s findings, this study makes suggestions on contract templet. Articles about design errors, principle changes, constructive changes and overhead payment of extension period should be clearly addressed in contracts. It is expected to reduce the contract disputes due to subjective judgments of project owners and contractors. Key words：Contract disputes of public works, reasons of change order, extension period, chi-squared test, high court civil litigation judgments