Public Projects A Thesis Submitted to Department of Construction Engineering National Kaohsiung First University of Science and Technology In Partial Fulfillment of the Requirements For the Degree of Master In Construction Management July.2003 Yenchao,Kaohsiung,Taiwan,Republic of China
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A Study on Application of Arbitration System in Public Projects ABSTRACT Following the increasing scale and complexity of construction projects, various disputes and claims are raised and cause project delays, cost overrun, and poor quality. The major function of arbitration is to clarify the responsibility of any disputes occurred in the course of the construction. Since 1989, Taiwan government has been required to stipulate the arbitration clause in all public projects and furthermore, in 1998, Business Arbitration Law was enacted to strengthen the process of arbitration in settling disputes. In more than ten years after the arbitration was adopted in public projects, it was found that many government agencies were considered lost in most cases and had to compensate a large amount of money, and thus, some government agencies had replaced the arbitration clause with mediation and litigation clauses. This study focuses on the application of arbitration, the process, and results of the arbitration were examined. Information gleaned from forty cases together with interviews with numerous experts was analyzed to find out the causes of the disputes and the unfavorable arbitration results against the government agencies. It is suggested that a set of fair contract conditions, the proper contract management, and the sound arbitration process are essential to avoid any dispute and resolve it if any. Key wordspublic Project, Arbitration, Mediation, Contract Dispute II
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(1/10) 1 21,752,006 10,340,084 1,995,480 1,995,480 2 3 4 3,928,476 9,481,602 99
100 5 21,885,050 24,513,905 6 ( ) 7 8 ()
101 9 ( ) 10 57,146,419 13,653,244 11 12 13
14 15 16 17 54,018,989 41,903,349 5% 5% 27,763,582 13,875,750 18 818 118,404,278 102
A A B A B 19 B 10% B A ABCDEF 75% G 20 G 21 22 264,965,865 5.5% 7,694,35 ( 252 ) 103
23 5% 24 25 26 397 148 ( ) 45,813,043 104
1008 ( 2.5 ) 27 18 28 29 105
(180 ) 647 30 31 32 688 688 x 55%=378,4 33 25% 75% 106
34 58,059,671 35 252 30% 36 2859 201 37 107
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