Despite the challenges posed by the COVID-19 pandemic and geopolitical tensions in the Taiwan Strait, Taiwan’s construction industry continues to demonstrate robust growth. This resilience may be attributed to several key factors:
Primary Construction Project Categories
Recent notable construction projects in Taiwan include the following:
Energy
In response to Taiwan’s energy transition, the central government has prioritised the development of offshore wind farms, LNG receiving terminals and natural gas power plants. To offset the energy deficiency during the transition, upgrades and expansions of clean coal-fired power plants are also underway. As available land for large-scale solar installations becomes increasingly limited, the focus has shifted towards energy efficiency and storage solutions, with private entities encouraged to install solar panels on buildings.
Transportation
The central government plans to extend the high-speed rail system to eastern Taiwan and the island’s southernmost region, aiming to complete a fully connected island-wide network. Meanwhile, local governments – including Taipei, New Taipei, Taoyuan, Taichung, Tainan and Kaohsiung – are actively tendering mass rapid transit (MRT) and light rail projects, using either separate civil and electrical and mechanical (E&M) contracts or integrated engineering, procurement and construction (EPC) models. At selected stations, transit-oriented development is being adopted to align rail infrastructure with consumer-driven real estate demand.
To accommodate the continued growth in commercial air travel and air cargo, the Taiwan government is actively advancing the construction of Terminal 3, runways and related public infrastructure at Taiwan Taoyuan International Airport.
Major public buildings
Although the Taipei Dome took years to complete and officially open, it has proven its economic value by successfully hosting large-scale baseball games and concerts. The venue has also contributed to elevating the profile of baseball in Taiwan, culminating in the national team’s victory at the 2024 WBSC Premier12 championship. Inspired by this success, local governments – including the New Taipei City government – have begun planning large-scale indoor sports and performance venues. Many of these projects are being launched through international tenders, inviting renowned architects from around the world to deliver designs that blend aesthetics with functionality. In the coming years, Taiwan is expected to see the emergence of more iconic major public buildings, following the examples set by the National Taichung Theater, the Southern Branch of the National Palace Museum, and the National Kaohsiung Center for the Arts (Weiwuying), helping to shape a new generation of architectural landmarks across the island.
Private investment
Led by TSMC, the semiconductor and AI industries are building R&D centres and factories across Taiwan, constituting a significant portion of construction output. Government-led urban renewal and “dangerous and old building” redevelopment programmes, designed to address potential earthquake risks, have also delivered tangible results, driving significant commercial and residential redevelopment.
To address the aging population, the government is promoting elderly and long-term care facility construction across Taiwan through PPP. To encourage private investment, recent amendments to the Act for Promotion of Private Participation in Infrastructure Projects now allow for the “paid PPP” model – namely, private finance initiative (PFI) – under which the government may purchase services directly from private providers. Eligible projects include waste water and water supply systems, pollution control, transportation infrastructure, utility tunnels, labour welfare and healthcare facilities.
Construction Project Regulatory Landscape
Government Procurement Act
Under the leadership of its new chairperson, the Public Construction Commission of the Executive Yuan (PCC) has initiated the following key reforms to Taiwan’s procurement environment:
Act for Promotion of Private Participation in Infrastructure Projects
Taiwan has promoted PPP through the enactment of the Act for Promotion of Private Participation in Infrastructure Projects. The following major amendments to the Act were made at the end of 2022, and implementation will gradually take effect through 2025, accompanied by the promulgation of relevant regulations.
Project financing through securitisation
Taiwan’s Financial Supervisory Commission is exploring asset securitisation as a means of financing both public and private construction projects.
On 24 July 2002 and 23 July 2003, the Financial Asset Securitization Act and the Clauses of the Real Estate Securitization Act were enacted, respectively, establishing the two foundational pillars of Taiwan’s asset securitisation framework. Through securitisation, future cash flows are packaged into investment products that appeal to investors. This not only offers alternative financing channels for both the public and private sectors, easing their financial burdens, but also generates long-term economic benefits. A notable example of successful securitisation in practice is the Taipei City government’s initiative to securitise rental income derived from superficies on its non-public-use lands in 2007.
To strengthen the REITs market in Taiwan, the Executive Yuan proposed an amendment to the Securities Investment Trust and Consulting Act on 12 October 2023, drawing from the regulatory frameworks of Japan, Singapore, and Hong Kong. The amendment has been submitted to the Legislative Yuan and is currently under review. It introduces a fund-structured REIT model, which not only mandates that real estate investment trust enterprises act as management companies but also enhances flexibility by streamlining additional fundraising processes, allowing offshore real estate investments through SPVs and permitting affiliated transactions to improve asset allocation flexibility.
The newly introduced fund-structured REIT is expected to broaden investment targets beyond traditional commercial real estate to include renewable energy infrastructure, such as offshore wind farms and solar power plants, urban renewal developments and self-liquidating PPP projects. This expansion offers a new and diversified funding channel for future construction initiatives.
Types of Construction Disputes
Due to the impact of the COVID-19 pandemic, the Russia–Ukraine war, the Israel–Hamas conflict, and escalating US–China trade tensions and tariff wars following the inauguration of President Trump, Taiwan – being highly reliant on imported construction materials and foreign labour – has faced significant construction cost inflation. Public resistance to construction site locations and labour shortages driven by major factory construction projects (eg, TSMC) have also led to frequent project delays.
As a result, beyond traditional disputes (eg, design change pricing, omissions in the bill of quantities), disputes concerning price escalation and adjustments, force majeure, extension of time (EOT) and EOT-related cost (“prolongation cost”) claims have become increasingly prevalent.
Under Taiwan’s Civil Code, the doctrine of “change of circumstances” allows for reasonable adjustments to contract prices and schedules in the types of construction disputes mentioned above, where the contract terms are unclear. However, in cases involving concurrent delay by the contractor, there are differing views on how EOT and EOT-related management costs should be addressed, leaving room for legal argument.
Moreover, while standard contracts issued by the PCC are widely used, many construction contracts also incorporate International Federation of Consulting Engineers (Fédération Internationale Des Ingénieurs-Conseils; FIDIC) principles or clauses. The PCC guidance letters and precedents, as well as the established FIDIC practices, serve as tools in dispute resolution. Hence, engaging legal counsel with experience in construction-related disputes can help ensure proper resolution and support reasonable investment returns.
Dispute Resolution Mechanisms
In Taiwan, construction disputes are generally resolved through the following three mechanisms: PCC mediation, arbitration and litigation.
PCC mediation
For public procurement projects, contractors may apply for mediation before the PCC’s Complaint Review Board for Government Procurement.
Recently, the PCC has engaged a group of young and neutral legal scholars and lawyers to serve as mediators. Mediation procedures have also been simplified, and efficiency has improved. Therefore, despite being an administrative mediation process directed by the government authority, the outcomes are not biased in favour of the government and can be trusted by foreign contractors.
In addition, the PCC encourages government agencies to establish a working and evaluation group of procurement comprising external experts to provide recommendations on construction disputes. This mechanism is similar to the internationally recognised dispute review board (DRB) system. Government agencies are generally more willing to accept fair solutions when guided by the recommendations of external experts. Taiwan’s airport MRT E&M EPC contract is a successful example of this approach, having resolved dozens of contract performance disputes.
Arbitration
The Taiwanese government is currently reviewing the Arbitration Law of the Republic of China (ROC) with a view to adopting the UNCITRAL Model Law on International Commercial Arbitration (the “Model Law”). Even prior to formal legislative amendments, the Chinese Arbitration Association, Taipei (CAA) – Taiwan’s leading arbitration institution – has taken proactive steps by establishing an arbitration court, implementing case management rules consistent with the Model Law and ICC procedures, and offering proceedings in English or bilingual format. These efforts are designed to align Taiwan’s arbitration practices with internationally recognised standards.
The CAA also maintains a roster of presiding arbitrators with expertise in construction disputes, offering parties access to highly experienced arbitrators to enhance the quality of arbitral proceedings.
Under Taiwanese law, arbitral awards must be rendered within six months of the tribunal’s formation, with a possible extension of up to three additional months. This statutory time limit makes Taiwan’s arbitration process faster than in many other Asian jurisdictions.
Litigation
Construction litigation in Taiwan is generally time-consuming and often requires input from technical experts serving as third-party examiners. To address this, the Taipei District Court has established a specialised construction division staffed by judges experienced in construction disputes and judicial officers with engineering backgrounds. Over more than a decade, this division has significantly improved both the professionalism and efficiency of dispute resolution.
Nevertheless, due to the inherent complexity of construction cases, the Judicial Yuan continues to promote the use of ADR mechanisms – such as mediation, arbitration and DRB – whenever possible.
Conclusion
Overall, Taiwan’s construction industry continues to thrive despite global economic volatility, and the Taiwanese government has been promoting a fair and efficient construction environment.
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