建築施工損鄰爭議事件交付仲裁之研究

Abstract

在台灣有限的土地資源下，建築工程緊鄰鄰房施工之現象已成為常態，難免會因人為或未知因素造成損鄰事件，而現行損鄰糾紛處理方式為和解、調解、建築爭議評審委員會協調及司法訴訟等方式，唯在現行處理機制中無法透過調解、協調等方式達成和解或建築施工損鄰事件不適用「建築爭議事件處理辦法」，得由雙方自逕循司法途徑解決，而循司法途徑解決往往過於冗長，訴訟雖為解決損鄰爭議事件之最後途徑，但並非理想的處理方式。

本研究之重點在探討將建築施工損鄰爭議事件交付仲裁程序之適用性與確立重要影響因子，並說明仲裁制度之程序與效力及對現行損鄰處理機制加以探討，藉由專家訪談與問卷調查統計分析，歸納主要影響要因。期望能以此替代方式搭配現行損鄰爭議事件處理機制，獲得更公平、公正、合理且迅速的達到定紛止爭之目的。

With limited land in Taiwan, it is very common that there is no room between an ongoing construction site and its neighboring structures. Therefore, it is inevitable that damages to neighboring structures occur due to negligence, poor construction site conditions or unknown factors. Currently, there are several ways to settle disputes raised from such damage cases, including reconciliation, accommodation, coordination by construction dispute evaluation committee and lawsuit. However, it is impossible to reach an agreed settlement through reconciliation or accommodation in the current system or “Construction Dispute Settlement Rules” do not apply to damages to neighboring structures due to construction negligence. Both parties concerned have to go through lawsuits, which are often agonizingly time-consuming. Lawsuit is the last resort to settle such disputes, but not an ideal way in terms of settling disputes. The key of this study is to investigate if it is appropriate to have damage to neighboring structures due to construction negligence through the process of arbitration and identify its important factors of influence. The study explains how an arbitration system works and how well it performs, as well as discusses current system to deal with disputes on neighboring structure damages. By interviewing experts and conducting surveys and statistic analyses, the important factors of influence are determined. It is hoped to achieve a fair, just, reasonable and quick dispute settlement with the combination of this alternative approach and the current system of settling disputes on neighboring structure damages.