Forensic Engineering

A. Construction Technical Appraisal

The Center accepts the requests from courts, governmental agencies or private parties to provide written expert opinion, including: disputes concerning the performance of the construction contracts (extension of construction period, confirmation of price, geological variations etc.), analysis and distribution of responsibility on construction disaster, analysis of responsibility on adjacent property damage, analysis of the cause of disaster for insurance claim, etc.

B.Written Expert Opinion

Accepting entrustment from government or non-governmental to provide expert’s opinion. Including: Controversy on project’s agreement (Extension in construction period, confirmations of price, geological variations etc.), analysis and distribution of responsibility on engineering disaster, analysis of liability on adjacent property damage, analysis of disaster for insurance claim etc.

C. Consultancy Services

The Center accepts consultancy service requests from both parties of construction disputes, and other parties having interests in construction disputes.

A. Procedural Review

To determine the acceptance of case and evaluation of appraisal fees, a preliminary review team will be formed in accordance with the character of case. The parties will be notified in written form to make payment within one week. In case of failure of payment within one week, the parties will be notified in written form to settle the payment within a specified period. Failure to settle payment within such period will result in the rejection and return of case to the court or agency making such requests.

After the parties have settled the payment, the substantive review will be conducted.

B. Substantive Review

The preliminary review team is responsible to read through the case. In case the preliminary review team found that the facts need to be clarified and the elaboration from the parties are required, the team shall inform the parties and ask them to supplement the evidence or call for a meeting. Formation of preliminary review team is based on technical appraisal mechanism. After the initial appraisal report is made and signed, the report will be submitted to the committee meeting for review.

The review meeting is differentiated into ad hoc committee meeting and committee meeting, and it is decided based on the number of professional sectors involved. The procedure is based on the technical appraisal mechanism.

C. Committee Meeting（including Ad hoc Committee Meeting）

After the committee has reached a consensus that the appraisal result is correct, the Center will send the written expert opinion to the courts or agencies making such requests, in the name of the
The Research Development Center of Construction Law of Tamkang University.

A. Construction Technical Appraisal is conducted by a Committee

The members of the committee are recruited from various fields of engineering or construction, with qualifications of high reputation and rich experience in doing appraisal. The members are not bound by term of office, the committee may recruit new members who have reached the qualifications at any time, and may disqualify any member who fails to maintain his or her impartiality and professionalism.

B. A preliminary review team must be formed to handle all cases accepted by the appraisal committee.

The preliminary review is subject to review procedure before making the final conclusion.

C. Preliminary Review Procedure

The formation of the preliminary review team for the cases of construction law consultation, and the review of the written appraisal report is determined by the Chairman. The Chairman shall assign members who have professional skills on the related fields to form the team.

The rules of formation of the preliminary review team may differ based on the different character of the cases.

1. Basic type: Cases which only involve single professional field and with simple legal relation. Preliminary review team: the team shall be formed by professionals assigned by the Chairman of the Construction Technical Appraisal Committee.
2. Compound type: Cases which involve more than two professional fields. Preliminary review team: the team shall be formed by professionals assigned by the Chairman of the Construction Technical Appraisal Committee and expert from relevant fields may be invited.
3. Integrated type: Cases which involve more than two professional fields, with construction interface and the legal relation is complicated. Preliminary review team: the team shall be formed by professionals assigned by the Chairman of the Construction Technical Appraisal Committee and at least include members with knowledge on project management, members with knowledge on law may be included if found necessary.
4. Combined type: Cases which relate to large-scale construction and development project, MRT project, airport project and other system engineering project and involve disputes that are cross-sector and cross-stage. Preliminary review team: the team shall be formed by professionals assigned by the Chairman of the Construction Technical Appraisal Committee and should at least include members who have knowledge on project management and law.

In the event that the work of the preliminary review team causes any disputes, multiple cases shall be submitted to the review mechanism to be settled.

D. Review Procedure

The review is carried out by the ad hoc committee meeting. The ad hoc committee meeting is formed by the Director, Chairman of the Construction Technical Appraisal Committee, Chairman of the Legal Advisory Committee and other senior members, members and experts of other related fields.

The ad hoc committee meeting shall be attended by the members in person and cannot be represented.

The ad hoc committee meeting’s decision-making is by consensus in principle. In case that voting is needed, the meeting shall be attended by more than half of all members, and the decision shall be agreed by more than two-thirds of the members.

A. Procedural principles

• Principle of fair appraisal: All committee members joining the preliminary review and review process, shall act in accordance with Article 303 through which Subparagraphs 1 to 5 of Article 32 of the Code of Civil Procedure shall apply mutatis mutandis, and obey the rule of voluntary withdrawal.
• Principle of objective appraisal: The list of members of the preliminary review team is not open to public in any event. Members of the preliminary review team, experts and parties are not allowed to make any contact with the parties outside the procedure.
• Principle of professionalism: For the works within the same field, opinions presented by members and senior members must be included. For the works within the same field but not within the specialization of the members, experienced practitioner expert on that particular item shall be recruited to assist.
• Confidentiality principle: The appraisal report of the committee may not be provided to any agency or institution that are not the agency or party making request (hereinafter the agency making request), Before and after the appraisal report is completed, the committee members and relevant staffs may not disclose any written document or personal opinion in oral form. No reference material and evidence for the appraisal can be taken out, and all items must be returned to the agency making request within one week after the appraisal has been done.

B. Preliminary Review Procedure

1. Parties to the litigation and parties joining the litigation shall actively provide evidence that is beneficial to himself or herself for the purpose of reference by the preliminary review team. The Center does not have the right to investigate, and all appraisal opinions are based on the dossier and documentary evidence provided by the agency making request.
2. Field survey shall be conducted if found necessary, and such process shall be carried out together with the agency making request.
3. In principle, the appraisal cases adopt the approach of documentary review. If found necessary, meeting or audio and video conference may be called for the parties to present opinions, subject to the consent of the agency making request.
4. When the evidence is found insufficient, the agency making request may be requested to provide such evidence, and this request may be made for once in principle. If the evidence needed is not provided within 6 months, the appraisal process may be terminated. In case of termination of appraisal, the fees will be refunded after deducting 20% of the operating cost.
5. For works such as sampling, experimenting, drilling, measuring etc. that are needed during the appraisal process and should be commissioned to external parties, the Center may assist to contact the suitable institution. The Center will supervise the works together with the party making request. The relevant costs shall be settled by the party making the appraisal request.
6. Before validating the written appraisal report, both parties involved in the dispute and the parties having interests in the dispute shall be given sufficient opportunity to make statement or to supplement evidence.

C. Review Procedure

1. Director calls for committee meeting to handle review work. Director will authorise a committee to represent him/her when he/she is not able to attend the meeting.
2. Related organisation or expert is invited when needed after committee meeting evaluate the case.
3. Appraisal opinion is rejected and prejudging team will amend it if the opinion cannot get 2/3 agreement from the committee who attend the meeting
4. Committee or senior committee who is assigned to attend to court to explain the appraisal opinion should attend the committee meeting; committee and expert that involve in the work should sit in meeting to explain the accreditation procedure.

D. Written Appraisal Report

1. In principle, the appraisal case accepted by the Center shall be concluded within three months. If found necessary, such period may be extended by the approval of the Chairman for once. The processing period shall stop running in case that the parties are waiting for certain evidence, or that external parties are commissioned to carry out works such as drilling, experimenting, or measuring.
2. According to Article 340 of the Code of Civil Procedure, in the event that explanation of the appraisal report before the court is required, the Center may appoint representative to attend the proceeding.
3. In case that the parties to the litigation or other parties having interests to the litigation have doubts on the appraisal report of the Center, such parties may attach evidence and request for clarification. If such request involves new evidence or new item that was not included in the original scope of appraisal, additional fee may be charged by the Center.

Chairman of the Construction Technical Appraisal Committee

Dr. Chien-Chung John Li
（Former Director of CECI Engineering Consultants, Inc., former Vice Chairman of the Public Construction Commission of the Executive Yuan, former Dean of the College of Engineering, National Central University）

Chairman of the Legal Advisory Committee

Dr. Huang Li
(Former Dean of the College of Law, National Chengchi University)

Director

Dr. Su-Ling Fan
(Associate Professor of the Department of Civil Engineering, Tamkang University)

Committee Members

The Chairman may recommend and select committee members with professional qualifications or more than 10-year experience based on the professional skills required on particular appraisal case.

A. Construction Technical Appraisal

1. Basic type: Cases which only involve single professional field and with simple legal relation. The Charge is starting from NTD 300,000.
2.Compound type: Cases which involve more than two professional fields. The Charge is starting from NTD 600,000.
3.Integrated type: Cases which involve more than two professional fields, with construction interface and the legal relation is complicated. The Charge is starting from NTD 1,000,000.
4.Combined type: Cases which relate to large-scale construction and development project, MRT project, airport project and other system engineering project and involve disputes that are cross-sector and cross-stage. The Charge is starting from NTD 2,000,000.
The exact fee in details shall be based on the disputed amount, necessity of field survey, the readiness and completeness of evidence, number of parties having interests involved, the complexity of legal relation, the amount of work on analysis and actuary needed, the number of disputed issues, and other relevant factors.
The fees mentioned above do not include additional costs on drilling, sampling, measuring, experimenting and other works commissioned to external parties.

B. Written Expert Opinion

Same as the rate for the construction technical appraisal.

C. Consultancy Servicesy

Consultant will be selected based on the needs of professional knowledges, and the rate shall differ based on the qualifications of the consultants. The Charge is starting from NTD 6,000 (hour rate).