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http://dx.doi.org/10.5345/JKIBC.2013.13.3.209

Direction of CM Services Defect Liability in the CM Contract  

Cho, Young-Jun (Department of Architectural Engineering, J oongbu University)
Publication Information
Journal of the Korea Institute of Building Construction / v.13, no.3, 2013 , pp. 209-217 More about this Journal
Abstract
The execution of a construction project involves the engagement of many participants. Generally, the Authority uses CM to certify that the Work is built according to the contract documents. The CM work scope is expressed in the Construction Technology Management Act and its Regulation. The mandated and delegated CM services are limited to the construction period. If Contractor is required to repair a construction defect, the Contractor should bear the burden of the inspection service for the defect repair, because it is associated with him. Nevertheless, CM should submit a bond to provide the inspection and supervision service for the defect repair. These may result in conflict with each liability. Therefore, CM service in the law and regulation was investigated and analyzed in this study to classify the characteristics of CM contracts, and it was suggested that the CM liability for the inspection and supervision service for the defect repair should be reconsidered.
Keywords
construction manager; contract; liability; defect;
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  • Reference
1 Cornes DL. Design Liability in the Construction Industry. 4th ed. London (UK): Blackwell Scientific Publications; 1994. Chapter 1, The problems of design; p. 11.
2 Implementing Regulations to Construction Technology Management Act of 2009, Pub. L. No. 21565, 52 Stat. 1989 (Jun. 18, 2009).
3 Construction Technology Management Act of 2012, Pub. L No. 11180, 27 Stat. 1988 (Jul. 18, 2012).
4 Kwak YJ. Contract Law(Civil Law Lecture IV). 4th rev. ed. Seoul (Korea): Bakyoungsa; 1999. Chapter 3, Contract for mandated and delegated Contract; p. 477-95.
5 Hinze J. Construction Contracts. NY: McGraw-Hill; 1993. Chapter 1, Description of the Construction Industry; p. 2.
6 Thomsen C. Program Management-Concept and Strategies for Managing Capital Building Programs. 1st ed. Seoul (Korea): Spacetime; 2011. Part 2 Chapter 5, Design-Bid-Build; p. 117.