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As disputes arise from public construction delay, extra burden to both organs and the contractors occur as well. The contractor may encounter delay penalty, while construction delay may cause extra administrative expenditure. In the meantime, the organ must dissolve the dispute through mediation, arbitration, lawsuit, and etc. Also, the undertakers’ workload will raise, while the risk of losing the lawsuit that will lead to punishment are hard to avoid. In short, both parts will suffer from livelihood and pressures due to those disputes.
With aid of analysis for construction delay dispute, this study classifies construction into Tender Stage, Review Stage, Award Stage, Construction Stage, Acceptance Stage, and Warranty Stage. Under such premise, the dispute events in each stage under the complete engineering purchase operation are discussed. By integrating and establishing each delay factor, plus clarifying responsibility attribution this study identifies future construction period or claims, while exploring reactive countermeasures as well. On the other side, 54 cases related to construction period disputes decided by the court are gathered to conduct statistical analysis of data attribute and classification of construction delay dispute, and case verification. Lastly, questionnaire survey is proceeded for the dispute types, including disputes of construction delay caused by design errors, natural disasters, delay of underground obstacles’ demolition, geological differences, overdue acceptance and improvement, and so on.
With the abovementioned classification, this study probe into the related disputes, and discovers that those disputes will continue to happen in the next stage. Since disputes in each stage interlink closely, to reduce their occurrence rate, the associated factors of responsibility attributable organs must be removed. Meanwhile, the requirements of launching each construction must be confirmed in the first place. Before contracting, the construction tender’s property must be considered, and the disputes emerging frequently must be examined for modifying the contract’s rules. For construction delay caused by design errors, people must set up the internal extension methods. Finally, to sum up, for the inscrutable vendors or factors involving both parties, the organs should help remove the obstacles, permit reasonable construction extension, and assist the vendors to proceed and extend construction timely to prevent and avoid overdue penalty.
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