RISK ALLOCATION CONCEPT FOR MASS RAPID TRANSIT SYSTEMS IN TAIWAN

Ko-Ming Hsu

Ph.D., Institute of Construction Engineering and Management, National Central 

University, Jhongli, Taoyuan 32001, Taiwan. Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

*Jieh-Haur Chen

2 Distinguished professor, Institute of Construction Engineering and Management, National Central University, Jhongli, Taoyuan 32001, Taiwan. Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Ting-Ya Hsieh

Professor, Institute of Construction Engineering and Management, National Central University, Jhongli, Taoyuan 32001, Taiwan. Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

*Corresponding author: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

 

 

  

  

 

Abstract

A failure trial operation for a construction project usually leads to possible disputes. The study objective is to identify which party needs to bear the liability under the following circumstances based on the risk allocation concept by force majeure clause, and personnel injury/death or other collateral damage. The comprehensive literature review brings out comparability among past verdicts and targeted investigation, and then yields suggestions for conducting the expert survey based on questionnaire, resulting in 8 stems with 5-scale Likert measurement to develop the proposed concept. There are 50 effective returns that establish 4 types of resolutions for disputes caused by construction projects in Taiwan. The empirical case involving in a disputed trial operation for a massive rapid transit (MRT) construction project is adopted to verify its feasibility. The findings demonstrate the guideline for practitioners to deal with possible disputes caused by construction projects.

Keywords: construction dispute, trial operation, MRT construction project, contract management

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