公共工程工期履約爭議與對策之研究

進度管理即工期履約管理。工期管理缺失除延誤履約期限外，並可能導致工期展延問題，其問題包括：無爭議下展延完工、工期認定與展延爭議問題、無法於履約期限完工之逾期罰款爭議等問題。本研究主要針對公共工程工期履約爭議，就案例分析工期缺失爭議之問題，依學理探討爭議之原因，尋找其對策。依本文研究分析得知，工期缺失爭議必須由工程規劃、設計、發包與契約訂定各階段檢視檢討與管控，施工階段亦應確實執行履約工期管控，方能使工程如期完工。施工階段履約工期管控基本上是依契約圖說執行，但由於工程施工有諸多可變因素；如地質、天候、施工法與技術、工程規模、廠商條件與周邊環境等，從開工至完工存有相當多的變動性與調整性，此乃需透過工期管控隨時檢討調整修正。履約工期之執行與管理未確實，將造成工期延誤、停工、展延工期、不計工期等爭議。經由本研究爭議案例分析與履約契約條款及相關學理等探討擬定對策，提出以下幾點建議：一、善用採購法彈性擇定較優廠商辦理設計與承攬工程。二、工程主管機關加強契約展延工期之適用對照說明。三、機關工程採購人員加強履約與管理等教育訓練。四、工程進度管理項目費用獨立編列與落實執行。

關鍵字

進度管理；工期展延；工期履約爭議；公共工程

並列摘要

Schedule management in public construction is the management of construction period contract warranties. In addition to the delay of contract warranty period, a defective management also led to problems of extension of the construction time, such as an indisputable extension of construction completion, construction period identification and extension disputes, and disputes over overdue fines. This study was mainly aimed at the Mediation and countermeasures for the disputes over the public construction period contract warranties, where relevant cases and construction period-related theories were analyzed and investigated. According to the proposed research procedures, the disputes over construction period were analyzed by taking into consideration of collected case studies, with academic theories used to investigate for seeking the countermeasures. From the analysis, it indicates that the disputes over construction period defects could be resolved through establishment of review and control process at each stage based on construction planning, design, and contracting. The construction period contract warranties should also be exactly controlled at the construction stage to enable on-schedule completion of construction, which was basically done based on contract diagrams. However, due to numerous construction variables, such as geology, weather, construction methods and technology, engineering scale, manufacturers’ conditions and surrounding environment, the construction was changeable and adjustable, which was required to be reviewed, adjusted and amended at any time via the management and control of construction period. Through the analysis of dispute cases within this research, the followings are recommended: (1) Use the flexibility allowed by the Government Procurement Act to select the best vendors for design and contracting works. (2) Strengthen the instruction for contract extension application period by the project authority. (3) Strengthen the education and training of contract implementation and management of the engineering procurement staff in the government agencies. (4) Project progress management costs should be budgeted and executed independently.