在嚴重傳染病影響下，本研究成果欲能釐清促參專案的現況與處境，以及 投資契約中權利義務關係的合理調整。盼維持公私協力之夥伴信任關係，共創政府、民眾、企業的三贏。讓未來若有雷同之不可抗力事件發生時，主辦機關與民間機構能有調整契約權利義務關係之依據。;The global COVID-19 pandemic that broke out in late 2019 is still deeply affecting our life now. As construction is a locomotive industry, this pandemic′s impact to the construction industry encompasses the entire life cycle of a project. In order to improve people′s well-being, many private enterprises have invested in public construction, creating many successful PPP projects. However, during the pandemic, the partnership and trust between the authority in charge and the private institution are bluntly tested, especially when parties each has a differing view towards exercising the force majeure terms.
Through literature review and data collection, this research aims to study industry practice of pandemic′s contractual impacts of current PPP projects, in the construction stage and the operation stage respectively. This study sorted out the impact and current situation of each PPP project affected by the pandemic, and collected the state of the impact of the pandemic, based on the propositions put forward by the private institution with case evidence. Then, through expert interviews and verification, this study further discusses the difficulties with the propositions and evidences advocated by private institutions against the authority in charge to agree a contractual modification under the impact of the pandemic. This contractual modification mostly involves whether the rights and obligations in the concession agreement are sufficient or necessary to adjust in a PPP project.
The results of this study are intended to clarify the current situation of the PPP project under the influence of persistent COVID-19 pandemic, as well as the reasonable adjustment of rights and obligations in the concession agreement. This study hopes that a mitigated position under the rule of force majeure would be sufficient to maintain the relationship between the authority in charge and the private institution in PPP project and to create a win-win playing field for the government, the public and the enterprise. In the event of a similar force majeure event in the future, the authority in charge and the private institution can have a basis for adjusting the rights and obligations in the concession agreement.
