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http://dx.doi.org/10.6106/KJCEM.2015.16.6.112

Investigation of Disputes for Nominated Sub-contractor(NSC) -Focused on the Judicial Precedent of NSC issues in Singapore, Malaysia and Hong Kong-  

Cho, Jaeyong (Department of Architecture and Architectural Engineering, Graduate School of Engineering, Kyoto University)
Kim, Junggon (Korea Electronics Technology Institute, Energy Display R&D Division)
Park, Hyeonggeun (Construction Policy Research Institute, Korea Institute of Construction Technology)
Kim, Youngsuk (Department of Architectural Engineering, Inha University)
Lee, Boknam (Institute of Construction and Environmental Engineering, Seoul National University)
Publication Information
Korean Journal of Construction Engineering and Management / v.16, no.6, 2015 , pp. 112-123 More about this Journal
Abstract
Many disputes are happened with various causes in overseas construction projects. One of major disputes is closely related with nominated subcontractors (NSC). This paper investigates 30 judical precedents for Singapore, Malaysia and Hongkong to analyze the detailed disputes related with the NSC, and then the judical precedents are classified into 6 categories: Delay and Defect Trouble (T1), Contract Relation (T2), Payment Trouble (T3), Set-off (T4), Liquidation (T5) and so forth (T6). According to the analytical results, the frequency of occurrence of disputes is considerably related with social and economical changes, and the dispute between NSC and employer for residential and commercial building projects is the most frequently happened case. As the results of analysis, therefore, it is concluded that the employer needs to response aggressively to the problems related with NSC, and it is also important to make the council for communication among related bodies. Furthermore, the institutional reform that make the role and the responsibility of employer consistent under considering contract terms and conditions is considered as the most important and fundamental issue.
Keywords
Judicial precedent; Nominated subcontractor; Dispute; Singapore; Malaysia; Hong Kong;
Citations & Related Records
Times Cited By KSCI : 6  (Citation Analysis)
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