Study on Arbitration Cases of Dispute on Neighboring Structure Damages due to Construction Negligence
| Autor: | Chi-Jung Chen, 陳啟榮 |
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| Rok vydání: | 2009 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 97 With limited land in Taiwan, it is very common that there is no room between an ongoing construction site and its neighboring structures. Therefore, it is inevitable that damages to neighboring structures occur due to negligence, poor construction site conditions or unknown factors. Currently, there are several ways to settle disputes raised from such damage cases, including reconciliation, accommodation, coordination by construction dispute evaluation committee and lawsuit. However, it is impossible to reach an agreed settlement through reconciliation or accommodation in the current system or “Construction Dispute Settlement Rules” do not apply to damages to neighboring structures due to construction negligence. Both parties concerned have to go through lawsuits, which are often agonizingly time-consuming. Lawsuit is the last resort to settle such disputes, but not an ideal way in terms of settling disputes. The key of this study is to investigate if it is appropriate to have damage to neighboring structures due to construction negligence through the process of arbitration and identify its important factors of influence. The study explains how an arbitration system works and how well it performs, as well as discusses current system to deal with disputes on neighboring structure damages. By interviewing experts and conducting surveys and statistic analyses, the important factors of influence are determined. It is hoped to achieve a fair, just, reasonable and quick dispute settlement with the combination of this alternative approach and the current system of settling disputes on neighboring structure damages. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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