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http://dx.doi.org/10.9715/KILA.2012.40.1.081

A Study on the Improvement of Defect Management through Judicial Precedents of Landscape Construction Defect  

Jung, Myeung-Muk (Dept. of Landscape Architecture, Graduate School, The University of Seoul)
Lee, Sang-Suk (Dept. of Landscape Architecture, The University of Seoul)
Publication Information
Journal of the Korean Institute of Landscape Architecture / v.40, no.1, 2012 , pp. 81-91 More about this Journal
Abstract
The purpose of this study was to analyze judicial precedents related on landscape construction defects(JPLCD) and suggested the improvement plan for dealing with it. The results are as the following: 1. Landscape construction defects litigations have been increased so far since 2000 and the duration of original trial was approximately 603 days, while appeal trials took up to 550 days. Therefore, the analysis revealed that settlement of disputes were lengthy and wasteful to consumers and constructors. 2. Judgement's cost accepted by the judge was only 53.6% of appraisal's cost appraised by appraiser, therefore it revealed appraiser overestimated the repair cost of landscape construction defects. 3. According to work classification categorized by Landscape Construction Standard Specification(2008) of the Korean Institute of Landscape Architecture, landscape planting amounted to 75% of JPLCD and plaintiff(consumers)'s prevailing rate of it reached 77% to be a serious burden to constructors. 4. According to JPLCD categorized by the type of dispute, defects caused by consumer's negligence for maintenance amounted to 29% and defendant(constructors)'s prevailing rate of it reached 64% to be the main responsibility of consumers. Further study will be required to make the judge standard of landscape construction defects through legal and technical research.
Keywords
Defects Liability; Judge Standard of Landscape Construction Defects Appraisal Cost; Defects by Work Classification; Defects by the Type of Dispute;
Citations & Related Records
Times Cited By KSCI : 1  (Citation Analysis)
연도 인용수 순위
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