The properties of Construction Engineering include: (1) high building cost, (2) unpredictability of construction risk because of the fact that the period of executing the contract is long and the external environment is easy to change, (3) the phenomena that disputes and conflicts happen easily since a construction project normally requires a large number of constructing units, each of which owns their complicated construction technology and expertise. As the process of the construction project involves various risks, the awareness of these risks and the method of diversifying the risks become important.
This dissertation focuses on study of the legal aspects of the construction contact; It first tries to analyze the properties of the construction contract, its related properties which cause higher risks than contract with consideration, and different types of disputes and conflicts in common dispute decision and arbitration judgment in construction projects. Then it studies the commitment resulting from the disputes, and the comments on disputes of same kind in the real cases. Further it makes a basic proposition to the comments. Finally it examines the feasibility of the proposition through interviewing with some experts (adopting the method of Delphi). Meanwhile it modifies the proposition and adds more comments onto it proposition, in the hope that both of the owner and the contractor can prevent the disputes at the time of making contract.¡@
In most of the real case, the owners normally transfer the risks they should have taken to the contractors. This way of distributing risks may not either bring efficiency or benefits to the contract; instead it brings more losses to both sides. There are no many clauses in the section Hire of Work in Civil Code regarding distribution of risks. Those clauses leave incomplete resolution of various risks likely to happen in the contract. Therefore it is necessary to emphasize the principles of risk distribution in the construction contract¡Gmainly the just and reasonable principle, principle of change of circumstances, and principle of good faith, etc. The construction conventions can be referred too, such as convention of project fact, and the commom law which ie formed of the opiom by the court¡Barbitration judgment¡Bmediation¡C
| Identifer | oai:union.ndltd.org:NSYSU/oai:NSYSU:etd-0812105-145810 |
| Date | 12 August 2005 |
| Creators | Lu, Shih-Chin |
| Contributors | Hsin-Hui Lin, Iuan-yuan Lu, Feng-Yang Kuo |
| Publisher | NSYSU |
| Source Sets | NSYSU Electronic Thesis and Dissertation Archive |
| Language | Cholon |
| Detected Language | English |
| Type | text |
| Format | application/pdf |
| Source | http://etd.lib.nsysu.edu.tw/ETD-db/ETD-search/view_etd?URN=etd-0812105-145810 |
| Rights | not_available, Copyright information available at source archive |
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