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To enhance public interests and social welfare, governmental institutions facilitate public constructions through procurement process, among which the achievement of transportation constructions undertakes the responsibility for the crucial index of the government’s performance. The flow model of procurement of public projects is that host institutions and contractors establish a mutual purchasing agreement according to the legal procedure. The contents of the agreement clearly define the rights, obligations and duties between the contracting parties and simultaneously confirm contents and measures of the contract management to constrain both parties to complying with all contractual conditions. Under buyer’s market for government’s projects, contractual conditions are pre-drafted by host institutions and applied to similar projects. Based on fair and reasonable contractual rights and obligations, this kind of the contract of adhesion is more likely to be in accordance with needs for modernization, efficiency and transparency. However, it is very common that institutions wish to free themselves from taking risks and responsibilities and include disclaimers and forfeits in contractual conditions. As a result, fairness and reasonableness of the agreements are disputed by contractors. Moreover, unclear rights and duties and unbalance risk allocation often become the source of disputes. The best approach to prevention of disputable contracts is to learn from former contractual controversies, clearly stipulate processing methods and revise omissions, ambiguities and unfairness. The controversies over technologies or restrictions can be settled by the objective opinions through professional discussions or appraisal and according to the principle of contractual freedom. Enactment of appropriate contractual provisions can diminish bilateral conflicts and avoid consumption of manpower and material resources. The settlement of disputes over project implementation includes information such as project’s technology, specialized laws, contractual management, project management, risk management. First of all, the study focuses on public project’s contractual legal relationship and applies literatures to explaining compendia. Second, according to legal relationship of contractors, discuss public project contracts’ legal rights, obligations and duties. In addition, discuss the composition of contractual documents, compare samples of domestic and foreign project’s contracts and practical stipulations of current projects procurement contracts and make an induction from contractual clauses. Project risks with unexpective and unsure characteristics and loss will be concluded with domestic and foreign academic works and practical aspects. Establish the principles of contractual risk assignment according to common types of risks during implementation. In terms of projects’ disputable events studied in this thesis, their processing mechanism is mediation of an appeal of P.C.C board and a civil suit in court. At first, figure out relevant systems and procedures. Due to a variety of implementation disputes linked together, this thesis can only focus on common disputes such as contractual interpretation, term of agreement, overdue liability, project change, contract price, deposit and respectively state them. When contractors apply for mediation or appeal to a court, they often abuse abstract legal principles such as ‘just and equitable principle’, ‘the principle of good faith’ and ‘changed circumstance principle’. In practice, they tend to overstate and further abuse them. The behavior has made a great impact on the government’s enactment and implementaion of procurement contracts. This study will discuss the above abstract legal principles to understand application questions. The practical case study will discuss a domestic institution that built a expressway for nearly 11 years. During handling procedure of the main project procurement case, to fully understand relevant disputable issues and processing result, this study will make an induction and collect statistics from different constroversial reasons or matters, simultaneously analyze the representative disputable cases and organize outcomes of handling disputable events and controversies of various representative cases. Finally, the study adopts the above outcomes and controversies to review institution’s contractual documents and offer appropriate suggestions of principled researches. Relevant studied outcomes can be future decision-making references for controlling institutions, mediation councils, project’s host institutions and contractors.
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