CASES STUDY ON THE ACCEPTANCE DISPUTES OF TAIWAN MRT EM SYSTEMS FROM THE PERSPECTIVE OF RISK ALLOCATION

摘要

Rail construction is an essential part of the Taiwan transportation projects. Since the mass rapid transit systems are powering by electricity, the successful installation of rail work built under the core electrical & mechanical system is also the key factor of the transit system integration. For cases discussed in this research, since the client needed to apply these contracts of civil laws after the completion yet before acceptance, two problems might be generated under such circumstances: 1) if there was any matter which could not be imputed on either party caused the failure of the contract, which party should be responsible for the resu 2) if there was any cease of operation or casualties and other damages during the verification of system stability and availability, which party should be responsible. The resolve of these problems was in fact a result of risk allocation through contracts. Due to that the risk allocation principals might vary due to the prediction and planning of different parties, based on the contractual freedom idea in Taiwan, if we wish to pursue the risk allocation, this reach point out the procedures it should be. From the case study of this research, it could be seen that one applicable idea of risk distribution, yet in the verification of individual cases, there would be concerns for different ideas due to specific abstract risk allocation ideas. There might be further research into the detailed standards for risk allocation to resolve the potential doubt.