Discussion on project creditor`s rights of public construction

• Main Authors: Wei-Chieh Chen, 陳韡婕
• Other Authors: Chih-Ming Jau
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/572272

碩士 === 中原大學 === 財經法律研究所 === 107 === In practical operation, the most important thing for a project and its success is according to the plan as scheduled after signing the contract，and whether it can obtain equivalent consideration when both parties fulfill their legal obligations. Public Constructions have a policy or economic considerations ,and will be limited by the government budget, in different types of projects, its different stages of implementation may lead to disputes, and they make the project can not be carried out as planned. The paper introduces, analyzes and discusses the project creditor’s rights that may occur in the compliance phase. In this paper, the parties to the contract, that is, the undertaker and the proprietor are classified as the type of creditor’s rights, and supplemented by the model of project contract customized by each organ. The flow line distribution is limited by the time when the project is carried out. It introduces various project funds in the project contract, such as advance payment, estimated payment, retention payment, final payment, guarantee payment, price index adjustment payment ，and penalty. And analyzes the common types of disputes and qualitative in practice. Different types of project funds are settled by court cases, to understand and development on the project funds. What do the court opinion and the law have statutorily interacted with each other? Keyword：Advance Payment、Estimated Payment、Retention Payment、Final Payment、Guarantee Payment、Price Index Adjustment Payment and Penalty.