Special Construction Court to be Established. Construction Industry Act Revision Passed.　Judicial Yuan Order Court to Establish Special Construction Court and to Train Judges.

The Legislative Yuan has passed a revision of the Construction Industry Act, adding a provision, in Article 67-1, to the effect that the Judicial Yuan should order the establishment of a special construction court to handle construction-dispute litigation by judges that have specialized knowledge or trial experience with construction-related cases.

According to Article 14 of the Organic Act of Judicial Yuan, district courts should establish civil division and criminal division.  In addition, the number of hearings will depend on the complexity of cases pending for trial.  If it is necessary, special court should be established.  The Judicial Yuan has designated certain courts for the establishment of special court.  Judicial Personnel Study Center of the Judicial Yuan will also hold classes for training judges to be equipped with relevant specialized knowledge.

According to the Judicial Yuan’s data, on average construction-related cases take around 10 months for completing each instance of court proceedings.  Given by the number of construction-dispute litigation, 1,212 in 2007 and 1,113 for the first 10 months of 2008, the trend of increasing construction-related cases is obvious.  The establishment of special court is aiming to be solely responsible for handling matters related to construction-dispute.

During the preliminary review, the Internal Administration Committee passed the proposed name of Construction Engineering Special Court for the special court, however, construction cases including various types such as civil engineering, electric, construction, water and electricity, fire fighting, etc.  In other words, most of the construction-dispute litigations arise from entering into contracts with the other party.  The Judicial Yuan has positioned the special court at Special Construction Court to prevent limiting the special court’s functionality.

Note:  Article 67-1 of the Construction Industry Act provides that the Judicial Yuan should order the establishment of a special construction court, allowing judges having specialized knowledge or trial experience with respect to construction-related cases, to adjudicate construction-dispute litigations.  (2009.03)
/DC