• Proceedings of the Korean Institute Of Construction Engineering and Management
• /
• 2007.11a
• /
• pp.239-242
• /
• 2007

Many contractors have overlooked the construction contract general conditions and it was a bad construction practice. Today, construction project is very complex and complicated. This requires a networked contract document and results in a complicated contract conflict hardly to be solved. Therefore, to reduce the construction dispute and to enhance construction practice, clarification of definition of Owner, several conditions to be revised, insertion of design supervision were suggested in this paper.

• Korean Journal of Construction Engineering and Management
• /
• v.21 no.6
• /
• pp.56-65
• /
• 2020

Urban renovation projects (reconstruction and redevelopment) have a longer licensing period than general housing projects, and many consultations with the licensing authorities require expertise. Most of the members of the union do not have basic knowledge of the maintenance business, so they have a lot of authority to promote smooth business Is entrusted to the union leader. However, contrary to the original purpose entrusted by the members, it is easy to find a case where the business is suspended because the union leader is exposed to corruption for the private interests of the union, and the members' disputes could not be resolved. In order to overcome this risk, the problem of the maintenance project was found through a questionnaire survey composed of practical experts, and a solution was presented through the KCSI evaluation model. This study mentioned the necessity of a responsible CM that can make independent business decisions without interference from the union, rather than a management-type CM limited to the cooperative's work assistance. In order to promote the construction industry's national role, it was necessary to revitalize responsible CM, so six practical alternatives were proposed.

• Journal of Arbitration Studies
• /
• v.16 no.2
• /
• pp.239-264
• /
• 2006

Globalization of business activities and the market is making intern ational movement of capital much freer. Therefore the introduction of global standard is inevitable. Each and every country has had its own standard which restrain free exchange and cause misunderstanding and conflict between countries. A country or a company which is not capable of meeting the global standard can not be accepted in the global market. Consequently, it will eventually be left behind. It is right to say that countries and companies should accept the global standard and abide by it to survive in the competitive global market. The following preface which was introduced in the international conference co_organised by BAC, FTCTC and Tsinghua University in May, 2004 shows a timely movement for the globalization of construction business. *B A C, Beijing Arbitration Commission *FTCTC, The FIDIC-Tsinghua-CNAEC Training Center *CNAEC, China National Association of Engineering Consultants Introduction, As arbitration becomes more and more popular in the ways of alternative disputes resolution all over the world, the BAC is devoted to promoting international arbitration in China. As FIDIC contracts constitute an accepted point of reference for international construction contract, the BAC, characteristic of construction projects, is willing to facilitate the FIDIC contracts as the referred construction contracts in China. In order to carry out its purposes, the BAC, together with FTCTC is going to convene for discussion of dispute resolution and arbitration of international construction projects. FIDIC, construction contract management guide, explains arbitration as the ultimate dispute resolution method. The detail of FIDIC will be suggested in this essay.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.59
• /
• pp.27-57
• /
• 2013

Traditionally construction has been an industry that favoured ADR over formal litigation due to the complexity of technical issues. However, over the past decade construction arbitration has come under increasing attack for its rising costs and growing delays, and expansion of arbitration processes to the point that those processes are approaching the more complex and formal processes followed to resolve disputes litigation. As a result, parties are looking for new methods of resolving their disputes in a more efficient and economical manner, such as ODR. A review of the history of ODR and the practical applications of ODR in use today lead to the conclusion that the concept of ODR for construction dispute resolution appears to be possible and realistic. The advantages seem to outweigh the disadvantages, especially given the solutions suggested to overcome many of the disadvantages. While ODR may not be a realistic venue for large complex construction cases, it may be just the ideal venue for smaller and simple construction disputes. In conclusion, given the advantages that ODR arbitration does offer, the most realistic use of ODR in the short term would involve disputes consisting of a simple, one-dimensional dispute within which the parties can stipulate to the facts in the case. In such simple disputes ODR may be not only an appropriate vehicle within which the dispute can be resolved; it might be more easily accepted by the parties as the preferred platform for resolution. Hopefully, international institutions of arbitration will be successful in their development of a international standards and platform fir disputes that can be adapted for use in construction and will serve as the first step in developing ways to handle small construction claims, thereby allowing parties to resolve their disputes in a faster and more economical manner.

• Proceedings of the Korean Institute Of Construction Engineering and Management
• /
• autumn
• /
• pp.341-344
• /
• 2002

Claims are on an increasing trend in the domestic construction field with changes of negative thought about them. But there are still many factors of causing disputes Potentially due to old customs that an owner is predominant over a contractor. Unless these factors are solved, it is obvious that many disputes will occur henceforward. This study derives claim factors that must be solved first of all through analyzing how claim factors influence construction management factors such as time, cost, quality, and presents countermeasures that may prevent these claims.

• KSCE Journal of Civil and Environmental Engineering Research
• /
• v.26 no.1D
• /
• pp.115-123
• /
• 2006

Recently, construction claims have been increased for protecting the rights of construction participants and effectively adjusting the changes under the contract. Thus, the importance of claim management has been emphasized in the construction industry. In domestic construction industry, some claim issues involved in construction activities are often being developed into disputes and even litigations because of the absence of methods or systems for the dispute resolution, and the lack of judicial precedents which can be provided as the references for resolving a particular dispute. In general, the judicial precedents related to the disputes and litigations occurred among construction participants would be extremely valuable in evaluating and analyzing current claims issues. However, such useful information has not been effectively accumulated and utilized in resolving the similar or sometimes identical types of disputes, thus requiring a large amount of additional costs, time and efforts. The primary objective of this study is to propose a web-based decision support system for construction claim management, which enables contractual participants to easily access and use the information of the judicial precedents related to the current construction claims. The decision support system is composed of 'prevention' and 'settlement' modules for avoiding and systematically resolving the construction claims.

• Proceedings of the Korea Water Resources Association Conference
• /
• 2011.05a
• /
• pp.467-467
• /
• 2011

기후변화로 인한 수문학적 변동은 지속가능한 수자원 관리를 위해 중요한 인자로 고려되고 있다. 특히, 가뭄 등 기상재해는 자연재해 차원을 넘어서 사회적 갈등으로 발전할 여지가 크며 특히 수자원 배분은 환경, 경제를 뛰어넘은 생존의 문제로 발전하고 있다. 따라서 본 연구는 기후변화가 가져올 가뭄 등 재해관리를 위한 의사지원체계 구축하고 다양한 기후변화 시나리오에 대응할 수 있는 탄력성 있는 수자원전문가시스템의 개발을 통해 이상기후 및 가뭄대비 물분쟁에 대한 합리적 대안을 제시하고자 한다. 본 연구에서는 섬진댐의 상황을 모델로 하고 있다. 섬진강 유역은 섬진강댐의 건설당시 발 빠른 이주대책의 불이행으로 수몰지역 내에 초기 정착민들이 계속 거주하게 되어 댐 제원을 충분히 활용하지 못하고 있어 효과적인 치수사업에 어려움을 겪어오다가 공사간의 협력을 통해 치수능력증대사업을 추진하여 저수지의 저류량을 증가시키고자 섬진강댐 재개발 사업을 추진한 지역이다. 하지만, 유역내의 이상기후로 인한 수문학적인 변동과 가뭄으로 인한 물관련 당사자간의 용수확보분쟁의 소지가 있어 물관리를 위한 수자원전문가시스템의 개발이 시급한 실정인 지역이기도 하다. 대상지역 수자원전문가시스템의 개발을 목표로 HSPF(Hydrologic Simulation Program with FORTRAN)을 이용하여 기후변화로 인한 수문학적 변동성을 파악하였다. 그리고 수자원 전문가 모델로서 외국에서 사용되고 있는 SUPER, HEC-ResSim, RiverWare, MODSIM, WRAP, PowerSim, 그리고 STELLA의 장 단점 등 특성을 분석하여 국내에 적합한 수자원전문가시스템 갖추어야할 기능 및 구성을 분석하였다. 연구 결과 국내실정에 필요한 모델은 공영시각모형(Shared Vision Model)으로서 그 장점은 첫째, 수자원의 관리나 물분쟁시 반드시 필요한 유역의 물리적인 인자와 수역관리에 필요한 수문인자, 그리고 물분쟁의 소지가 있는 의문사항이나 문제점의 해결책을 위한 실마리를 제공할수 있다. 둘째, 물관련 이해당사자들이 직접 참여하여 모형을 평가하고 서로간의 이해관계를 위한 충돌이 발생했을 때 문제해결을 위한 대안을 제시할 수 있는 정보를 제공할 수 있다. 셋째, 물배분의 원칙에 따른 한쪽으로 편중된 대안이 제시되었을 경우에 공동으로 대안에 대한 평가를 통하여 평등한 물배분을 가능하게 한다. 넷째, 시민단체나 환경단체, 그리고 기관책임자들이 공동으로 모형의 형성과정을 지켜본 후 논의할 수 있어 이상적인 모형을 만들 수 있는 장점이 있다.

• Korean Journal of Construction Engineering and Management
• /
• v.24 no.2
• /
• pp.79-87
• /
• 2023

Given that most government contracts are based on a fiscal year, long-term continuing construction contracts require appropriate provisions as significant amounts of budget is supposed to be invested for several years. This study drew problems and improvements of the long-term continuing construction contracts by analyzing the contents of FGI and list of construction order. We found that a number of problems, such as the mismatch between laws and enforcement decrees, difference in calculating overheads due to the extension of construction period, many construction orders that are hard to see as budget efficiency and over investment in the final annual contract, were tangled up in the process. To solve the problems mentioned, we suggested several improvements as follows: (1) effect of total construction period and total amount should be guaranteed by a law, (2) it is suggested that the scope of long-term continuing construction contract is determined by a law, and (3) it should be clear about the calculation of overheads concerned with the extension of construction period as well as the estimation of construction period to prevent over investment in the final contract.

• Proceedings of the Korean Institute Of Construction Engineering and Management
• /
• autumn
• /
• pp.54-62
• /
• 2001

Although claims and disputes may be never avoided in construction industry, until 1998, there are no systematic claims in the public sector in Korea. But, because of IMF, Contractors have been recognized that cost management is essential factor and contractual right can be demanded against the Public Orderer. Many affirmative effect such as, appearance of new professional service, prevention of lower quality construction, restrain of unnecessary budget expenditure, arrangement of duplicated or triplicated liability and revision of unnecessary administrative control may be anticipated through alleging claims, but in site representative manager and construction company may have ambiguous fear, somebody tried to allege claims. Therefore, to activate systematic construction claims, 32 public construction project claims alleged by contractors from 1998 to 2001 were analyzed, inactivated reasons of claims were examined and contractor's action plan to allege claims was suggested in this paper.

• Korean Journal of Construction Engineering and Management
• /
• v.8 no.3
• /
• pp.125-133
• /
• 2007

If project time extension were required in the construction projects, either liquidated damages or extension costs should be applied according to causation of the schedule delays. However, in actual cases it is not applied so far according to the contract conditions. The reason why this situation happened Is that function of the present planning and scheduling is not working feasibly. The CPM schedule could not provide a proper solution for apportioning responsibility for the schedule delays. This situation could be considered as breach of contract and will cause potential disputes for schedule delay. Therefore, in this research process based contract administration model for construction delay claim is proposed to prevent schedule delay and solve the claims. The model is based on pro-active management for causation of delay to provide apportionment of responsibility and written evidences.