摘 要 所有工程在業主與承包商簽訂契約之初，雙方都是希望能以順利完成工程為前 提，但是因為大型工程契約之履約期間往往長達數年以上甚或更久，所以在漫長的履約 期間中，承包商或業主由於財務狀況、市場景氣或履約能力……等變動，會出現任一方 無法繼續履行契約之情形，尤其公共工程採用「最低價」發包模式，導致履約能力或財 務狀況不佳廠商得標，造成部份工程發生「契約終止」狀況。 本研究係以案件重新發包實際之公共工程為例，主要先就文獻相關資料探討一般常 見工程無法履約之原因及後續處理重點之探討，再針對重新發包一案實證為例，搜集案 件相關資料，分析歷經二次最低價之決標方式導致「契約終止」之情況，所衍生出包含 業主接管工地、履約保證金之返還、已完成工程項目之清算鑑定與評值、以及重新發包 剩餘接續工程及計算其價差……等複雜問題，嚴重影響公共工程之建設時程。 雖然重新審慎評估後，決定標案必須採用「最有利標決標」方式辦理，但仍再度發 生「契約終止」之情況，最後藉由本研究之案例，重新客觀分析各單位應有之具體作為， 並提出相關之結論對策及增加評選評分項目擬定之建議，讓所有公共工程在一開始就能 預防所有影響工程中所發生之可能性，以達如期如質之目標。;Abstract . In all engineering projects, when owners sign contracts with contractors, the primary concern for both sides is that the project can be completed as scheduled. However, the contract periods for large engineering projects often last several years or even longer. During such extended periods, contractors or owners may become unable to continue to contract fulfillment as a result of unexpected changes occurring to their financial capacity or ability to fulfill the contract or the market in general. Above all, government projects are normally awarded to the lowest bid. If projects are awarded to businesses that lack the right capacity or financial means to fuifll the contract, they will be more than likely to end up gettting terminated. This paper aims to examine the re-contracting conditions of public construction projects. A literature review was first performed to elucidate the reasons for the failure to perform in general construction projects and subsequent measures. Data were then collected from existing re-contracting projects to analyze the termination of contracts that had undergone two lowest-price bids , identify/evaluate the contractors’ reclamation of the construction site, return of performance bond, and settlement of completed construction items, and calculate the price difference for remaining work done by the re-contractor. These factors severely influence the schedules of public construction projects. Although an extensive reevaluation revealed that contracts should be awarded to the most favorable tender, contract termination situations still occurred. Based on the case study outcomes obtained in this paper, an objective reevaluation was performed to highlight the favorable practices of various departments. Countermeasures for the research conclusion and suggestions for the development of evaluation times were presented to safeguard public construction projects from all potential influence factors and achieve schedule and quality goals.
