統包契約與EPC契約解析

An Analysis on Design/Build and Contract for Engineering, Procurement and Construction

多數人對於工程採購的觀念仍保留在設計－招標－建造的傳統型態；對於較新穎的統包契約型態較為陌生。締結的統包契約卻有增多的情況。機關辦理統包工程面臨與傳統設計完成後發包施工的最大差異，在於統包一改過去按圖施工、按詳細價目表計價的觀念，轉為發包一個通常尚未具體成形的招標文件、需求計畫；等到決標後，機關才能確定工程概要。雙方對統包契約的風險分配卻常有不同的詮釋，因此本文分析統包契約的類型，並從FIDIC角度，說明不同類型統包與風險分配與價格之關係。

Design/Bid/Build type of Contract to produce a work is the only type for common understanding in Taiwan; the new types of Contract to produce a work such as Design/Build and Contract for Engineering, Procurement and Construction are rarely known. Design/Build contract has more frequently been used by the government agencies in recent years. According to the Yellow Book of FIDIC, the main difference between the Design/Build contract and traditional Design/Bid/Build type contract is that the Design/Build contract has no concrete design, but normally only has a relative abstract bidding document and requirements planning. The another type of Design/Build contract is Contract for Engineering, Procurement and Construction, its model contract is described under the Silver Book of FIDIC which is more risky for the contractor. This paper has analyzed the difference of these two type of Design/Build contracts, especially about the risk to the contractor.