Infrastructure Projects / Construction Laws 彙整 - Page 2 of 4

2019 年 7 月 31 日

In case the tender instructions do not specify the reasons why a bid bond will not be returned or will be recovered, even if a supplier is subject to circumstances under the subparagraphs of Article 31, Paragraph 2 of the Government Procurement Law, the procuring agency shall still not withhold or recover the bid bond (Taiwan)

2019.1.31 Luke Hung The Supreme Administrative Court rendered the 108-Pan-50 Decision of January 31, 2019 (hereinafter, the “Decision”), holding that in case the tender instructions do not specify the reasons why the bid bond will not be returned or will […]

2019 年 7 月 31 日

Amendments to the Government Procurement Law via Presidential decree (Taiwan)

2019.5.21 Fang-Wei Lin The President promulgated the amendments to Articles 4, 15, 17, 22, 25, 30, 31, 50, 52, 59, 63, 76, 85, 93, 94, 95, 101 and 103 of the Government Procurement Law (hereinafter, the “Law”) and the addition […]

2019 年 6 月 30 日

If the entirety of the portion in a government procurement project that shall be performed by the contractor on its own under the original contract is performed by another supplier on behalf of the contractor, this would constitute a subcontract under the Government Procurement Law, but the internal relationship between the suppliers is not a pertinent issue (Taiwan)

2018.12.24 Frank Sun The Supreme Administrative Court rendered the 107-Pan-746 Decision of December 24, 2018 (hereinafter, the “Decision”), holding that If the entirety of the portion in a government procurement project that shall be performed by the contractor on its […]

2019 年 5 月 31 日

The statute of limitations is a rights barrier to a claim to recover a bid bond, and in case the fact associated with a recovery claim is verified, if it is asserted that the claim lapses due to the occurrence of a rights barrier, the party making such assertion shall assume the burden of proof (Taiwan)

2019.2.27 Yi-Shan Cheng The Supreme Administrative Court rendered the 108-Pan-80 Decision of February 27, 2019 (hereinafter, the “Decision”), holding that the statute of limitations is a rights barrier to a claim to recover a bid bond, and in case the […]

2019 年 5 月 31 日

In case a court’s division of a real property jointly owned by two parties has taken into account the actual circumstance of use and meets the interest of both parties, if the division method is not apparently inappropriate, inappropriate citation of evidence or fact-finding should not be used as a ground for appealing to the Supreme Court (Taiwan)

2019.3.13 Frank Sun The Supreme Court rendered the 107-Tai-Shang-850 Civil Decision of March 13, 2019 (hereinafter, the “Decision”), holding that in case a court’s division of a real property jointly owned by two parties has taken into account the actual […]

2019 年 5 月 31 日

The calculation of a base rent should be based not only on the declared land value of the base but also on the location of the base and should be compared with the rents for neighboring lands, and it is not necessarily required to set the base rent at ten percent annual interest on the total declared land value, which should be the highest standard (Taiwan)

2018.12.19 Teresa Huang The Taiwan High Court rendered the 107-Chung-Shang-682 Civil Decision of December 19, 2018 (hereinafter, the “Decision”), holding that the calculation of a base rent should be based not only on the declared land value of the base […]

2019 年 5 月 31 日

If a complaint is filed to demolish a building which is not divided and whose ownership is not registered, all of the inheritors shall be identified as the defendants in order to have appropriate defendants and the current occupant shall not be identified as the sole defendant (Taiwan)

2018.12.13 Yi-Shan Cheng The Supreme Court rendered the 107-Tai-Shang-2124 Civil Decision of December 13, 2018 (hereinafter, the “Decision”), holding that if a complaint is filed to demolish a building which is not divided and whose ownership is not registered, all […]

2019 年 4 月 30 日

Implementation Opinions of the General Office of the State Council on the Comprehensive Reform of the Approval System for Engineering and Construction Projects (Guo Ban Fa [2019] No. 11) (Mainland China)

2019.3.13 Karl Zhang The General Office of the State Council recently issued an implementation opinion on the comprehensive reform of the approval system for engineering and construction projects (the “Opinions”) to implement a full-process and comprehensive reform on the approval […]

2019 年 4 月 30 日

Whether a leased land agreed not to be leased for farming or construction may be subject to compulsory enforcement if it is not returned upon expiration under Article 13, Paragraph 1, Subparagraph 4 of the Notary Law should depend on the purposes of use of the leased object and the provisions of the contract (Taiwan)

2018.12.10 Luke Hung The Civil Department of the Judicial Yuan issued the Ting-Min-Three-1070031456 Circular of December 10, 2018 (hereinafter, the “Circular”) to interpret the issue of whether a leased land agreed not to be provided for farming or construction purposes […]

2019 年 3 月 31 日

Whether the scale of an expropriation plan prepared by an enterprise to be established is expanded to the extent of warranting the expropriation of other lands falls within the discretion of the competent government and is not a matter that the agency which approves the expropriation should consider when reviewing the expropriation plan (Taiwan)

2018.10.31 Luke Hung The Supreme Administrative Court rendered the 107-Pan-640 Decision of October 31, 2018 (hereinafter, this “Decision”), holding that whether the scale of an expropriation plan of an enterprise to be established is expanded to the extent of warranting […]

2019 年 2 月 28 日

Interpretation of the Supreme People’s Court on the Application of Law in Cases Involving Disputes over Undertaking Contracts in Construction Projects (II) (Ｍainland China)

2018.12.29 Karl Zhang The Supreme People’s Court recently issued an announcement for a second judicial interpretation (“Judicial Interpretation II”) on the application of law in disputes over undertaking contracts in construction projects. Judicial Interpretation II covers bidding, the validity of […]

2019 年 2 月 28 日

For any dispute which arises from lawful users who do not apply for the inheritance registration of lands or building improvements, and which pertains to the pre-emptive right exercised pursuant to the first part of Article 73-1, Paragraph 3 of the Land Act with respect to an open auction conducted by the National Property Administration or any of its affiliated agencies, the lawsuit shall be tried by a general court (Taiwan)

2018.12.28 Jhen-Yi Chen The Judicial Yuan rendered the Shi-773 Interpretation of December 28, 2018 (hereinafter, the “Interpretation”) to point out that for any dispute which arises from lawful users who do not apply for the inheritance registration of lands or […]

2019 年 1 月 31 日

Interpretation on the basis for determining the purposes of a building and handling principles based on tax details with respect to a housing unit leased using a rental subsidy (Taiwan)

2018.11.19 Luke Hung The Construction and Planning Agency issued the Ying-Shu-Zhai-1070087653 Circular of November 19, 2018 to interpret and clarify the basis for determining the purposes of a building and handling principles based on tax details with respect to a […]

2018 年 12 月 31 日

Interpretation on the definition of “unwilling” to participate in a joint construction agreement under Article 25-1 of the Urban Renewal Statute (Taiwan)

2018.10.11 Luke Hung The Ministry of the Interior issued the Tai-Nei-Ying-1070816473 Circular of October 11, 2018 (hereinafter, the “Circular”) to interpret the definition of “unwilling” to participate in a joint construction agreement under Article 25-1 of the Urban Renewal Statute […]

2018 年 12 月 31 日

Interpretation on the definition of “unwilling” to participate in a joint construction agreement under Article 25-1 of the Urban Renewal Statute (Taiwan)

2018.10.11 Luke Hung The Ministry of the Interior issued the Tai-Nei-Ying-1070816473 Circular of October 11, 2018 (hereinafter, the “Circular”) to interpret the definition of “unwilling” to participate in a joint construction agreement under Article 25-1 of the Urban Renewal Statute […]

2018 年 12 月 31 日

Interpretation on the definition of “unwilling” to participate in a joint construction agreement under Article 25-1 of the Urban Renewal Statute (Taiwan)

2018.10.11 Luke Hung The Ministry of the Interior issued the Tai-Nei-Ying-1070816473 Circular of October 11, 2018 (hereinafter, the “Circular”) to interpret the definition of “unwilling” to participate in a joint construction agreement under Article 25-1 of the Urban Renewal Statute […]

2018 年 10 月 31 日

Administrative Measures for the Bidding and Tendering of Railway Engineering Construction Projects (Mainland China)

2018.8.31 Karl Zhang On August 31, 2018, the Ministry of Transport issued the Administrative Measures for the Bidding and Tendering of Railway Engineering Construction Projects (the “Measures”), which will go into effect on January 1, 2019. The Measures regulate the […]

2018 年 10 月 31 日

Since it is difficult to verify the membership data of a folk religion association, if consistency with facts can be inferred pursuant to empirical and logical rules based on land ownership evidence, appropriate evidence shall still be deemed to have been produced (Taiwan)

2018.7.27 Teresa Huang The Supreme Court rendered the 107-Tai-Shang-16 Civil Decision of July 27, 2018 (hereinafter, the “Decision”), holding that since it is difficult to verify the membership data of a folk religion association, if consistency with facts can be […]

2018 年 10 月 31 日

The Ministry of the Interior amended relevant requirements to increase the contract limit and authorized capital of a construction contractor (Taiwan)

2018.8.22 Luke Hung The Ministry of the Interior amended the Enforcement Rules of the Construction Industry Law and the Rules for Determining the Reported Net Value of the Project Scale and Scope of Projects Subject to Value Limit and Contracted […]

2018 年 10 月 31 日

A person who believes it necessary to requisition a private land in order to set up a public enterprise is required to apply to the competent authority for the requisition; and an ordinary citizen has no right to request the person who needs to use a land to apply to the state to requisition the citizen’s land or improvements (Taiwan)

2018.7.18 Yi-Shan Cheng The Kaohsiung High Administrative Court rendered the 106-Su-143 Decision of July 18, 2018 (hereinafter, the “Decision”), holding that a person who believes it necessary to requisition a private land in order to set up a public enterprise […]

2018 年 9 月 30 日

Amendments to the Rules for Evaluating the Structural Safety Performance of Dangerous and Old Buildings in Cities (Taiwan)

2018.8.2 Luke Hung The Ministry of the Interior amended the Rules for Evaluating the Structural Safety Performance of Dangerous and Old Buildings in Cities (hereinafter, the “Rules”) on August 2, 2018 to ease the qualifications for the reconstruction of dangerous […]

2018 年 8 月 31 日

PCC set up the Public Construction Price Database (Taiwan)

2018.6.8 Luke Hung The Public Construction Commission (hereinafter, the “PCC”) issued the Gong-Cheng-Qi-10700176040 Circular of June 8, 2018 (hereinafter, the “Circular”) to communicate that the PCC has set up the Public Construction Price Database pursuant to law to handle construction […]

2018 年 4 月 27 日

The Rules for Public Safety Inspection Certification and Reporting for Buildings are amended so that hotels are required to conduct earthquake-resistant evaluation and inspection (Taiwan)

2018.2.21 Luke Hung The Ministry of the Interior promulgated the Rules for Public Safety Inspection Certification and Reporting for Buildings (hereinafter, the “Rules”) as amended via the Tai-Nei-Ying-1070802652 Directive of February 21, 2018. The Rules consist of 16 articles and […]

2018 年 3 月 31 日

In case of urban land readjustment conducted by the private sector, if the readjustment committee and the original land owners have agreed to the distribution of readjusted land, such distribution may certainly be conducted pursuant to the agreement to the extent that the rights and interests of others are not undermined and within the scope of the free disposal rights originally enjoyed by the parties (Taiwan)

2017.12.6 Luke Hung The Supreme Court rendered the 106-Tai-Shang-1399 Civil Decision of December 6, 2017 (hereinafter, the “Decision”), holding that in case of urban land readjustment conducted by the private sector, if the readjustment committee and the original land owners […]

2018 年 2 月 28 日

Government procurement policies should encourage a government agency to use arbitration clauses; if a procuring agency seeks to bring suit to set aside an arbitral award which has been issued, a cost benefit analysis should be conducted (Taiwan)

2017.12.5 Yi-Shan Cheng The Public Construction Commission issued the Gong-Cheng-Qi-10600380760 Circular of December 5, 2017 (hereinafter, the “Circular”), pointing out that government procurement policies should encourage a government agency to use arbitration clauses; if a procuring agency seeks to bring […]

2018 年 2 月 28 日

If any illegal use of a building has been detected by the police and controlled under a special project, the owner shall immediately choose an appropriate tenant; and if the tenant is still potentially involved in illegal business, it may be deemed that the tenant’s intention to engage in illegal business via the lease is foreseeable (Taiwan)

2017.10.31 Yi-Shan Cheng The Supreme Administrative Court rendered the 106-Pan-596 Decision of October 31, 2017 (hereinafter, the “Decision”), holding that if any illegal use of a building has been detected by the police and controlled under a special project, the […]

2018 年 2 月 28 日

If an advertisement is set up without prior application to the competent authority for approval, the building owner who has factual management power over pieces of work such as advertising billboards shall assume the obligation to eliminate them (Taiwan)

2017.12.27 Luke Hung The Supreme Administrative Court rendered the 106-Pan-685 Decision of December 7, 2017 (hereinafter, the “Decision”), holding that if an advertisement is set up without prior application to the competent authority for approval, the building owner who has […]

2018 年 2 月 28 日

If an annotation made by a land office does not restrict land use by the owner, a general payment lawsuit shall not be brought to remove the annotation (Taiwan)

2017.12.7 Frank Sun The Supreme Administrative Court rendered the 106-Pan-674 Decision of December 7, 2017 (hereinafter, the “Decision”), holding that if an annotation made by a land office does not restrict land use by the owner, a general payment lawsuit […]

2017 年 12 月 31 日

Clarification of the Ministry of the Interior on the scope and restrictions of the setback of a building on a building lot (Taiwan)

2017.10.13 Luke Hung The Ministry of the Interior issued the Nei-Shou-Ying-Geng-1060814077 Circular of October 13, 2017 (hereinafter, the “Circular”) to clarify the scope and restrictions on the setback of a building on a building lot. According to the Circular, […]

2017 年 12 月 31 日

If the court orders the sale of a jointly owned land which the joint owners have sought to divide to the extent that the buildings in the land have to be demolished, such division method would not be appropriate (Taiwan)

2017.10.5 Frank Sun The Supreme Court rendered the 106-Tai-Shang-1834 Civil Decision of October 5, 2017 (hereinafter, the “Decision”), holding that if the court orders the sale of a jointly owned land which the joint owners have sought to divide to […]