公共工程契約 Sample Contracts

The Research of Effectiveness and Applicable Scope of Variation Order by Employer in Public Engineering Contract
公共工程契約 • February 2nd, 2015

In Public engineering Client is often entitled of the right to issue variation order unilaterally for the purpose to successfully fulfill the project and Contractor is liable to follow the orders. Such contract terms by Client seems in contradiction to the Civil code Article 153 demanding contract should be reciprocally declared concordant intent by parties. However, such terms were extensively used in public engineering contract by most of Entities, and similar conditions were found in formal contract of international engineering. The Supreme Court in Taiwan has also admitted the effect of such unilateral variation order. The terms seem therefore become the exclusions of contract accordingly.