目前國內廠商所承攬工作政府公共工程，廠商從事工程管理過程當中，因業主為公部門，常因立場不同，導致業主不在乎契約真意，只關心會不會圖利廠商，致使其對於工程契約之解讀不夠客觀公正，致使廠商於執行工程契約之過程中權益受損，以近10年工程爭議處理之狀況，公部門業主公務人員往往搖圖利廠商之大旗，業界同行往往考量為免契約執行中得罪業主，於工程竣工後由地方政府調解委員會、行政院工程會辦理爭議調處，一般工程工期短則數月長則三至五年，財務狀況良好的大型營造商尚能撐到調解、訴訟，連本帶利將應有權益返還狀況；財務狀況差的中小型工程營造商，則撐不到調解訴訟，公司即倒閉。希望能藉案例探討機會，研究當營造商碰到履約問題時，如何於公共工程契約文件內容中，找出切題對營造方有利之條文為依據，據以保障較弱勢之營造商契約內應有之權益。

Governmental projects are sub-contracted to domestic construction industries for years, however, the public-private partnership (PPP) is so tense that the government delegators, usually represent for related departments with different public interests, are obligated to fully comply the construction contracts. In addition, they care more about the lawful issues of benefit to the contractors or so-called under-table bribe. Therefore, the interpretation of the project contract is not so objective and fair to judge the construction's quality during executing project, and always damages the rights and interests of the contractors. In the past decades, government delegators worried about being investigated as the suspects for interest pipeline to the constructors, in return, they scrutinized the contracts with all the details during the construction duration so that the contractors had to propose the dispute mediations to the Public Construction Commission of Executive Yuan even though project had completed for years. The duration of mediations or litigations, from several months to more than 5 years, will definitely deteriorate the financial operations of those construction companies, even results in bankruptcy. Current study investigates the relevant provisions in the public project contract documents that are beneficial to the constructors as a basis when the contractor encounters performance problems, so as to protect the weaker ones. The rights and interests in the contract of the construction industries.