摘要(英) |
The
omitted item means that the construction project described in
the drawings or specifications of the lump sum contract is
omitted in the price list, causing the contractor unable to
claim the project payment. However, the dispute over omitted
items is not simply limited to those projects existed in the
drawings but omitted in the price list and also include those
projects unlisted in the drawings such as the erection of
scaffolds and the formwork, which are necessary works for the
completion of constructions and are also common parts of
disputes. In practical cases, the Essential Requirements for
Procurement Contracts provide that the increase or decrease of
the practical quantity for individual project shall be more than
10%. For the excess over 10%, it is necessary to modify the
design and to increase or decrease the contract price. For the
deficiency less than 10%, it is unnecessary to handle such
increases or decrease of contract prices. However, it is still
doubtful if the omitted item, which is an omission of the whole
project, is applicable to such provisions.
There is not any explicitly legal definition for the term of
omitted items now. With such qualitative research methods as
data collections, data readings & interpretations and various
theories & practices (the letter of administrative
interpretation and the court judgment), this paper analyzes and
studies these documentary contents to conclude and classify the
types of practical contract disputes over omitted items in favor
of analyzing the correct definition of omitted items. The main
reason for the dispute over the omitted item in the construction
contract is mutual differences among the design drawing, the
construction specification, the list of work item lists and the
analysis report of unit prices in the contract. For the
discrimination among the types of various omitted items, this
paper makes a conclusion and classification to definitely decide
if such types are parts of omitted items. Besides, this paper
divides the “omitted item” into two categories: dominant and
recessive, and also provides clear definition for deciding the
omitted item. To compare the on-site work items with those items
listed in the work price list and the analysis report of unit
prices for decision, if the work price list or the unit prices
analysis is omitted by comparing with the it is called “omitted
item”, contranly it will be the “surplus item”. In addition, for
the problem of disputes over omitted-items, this paper suggests
to make an explicit article in the contract to reduce the
contract dispute over omitted items. |