• Title/Summary/Keyword: 건설분쟁

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하도급 공정거래질서 적용사례

  • 대한설비건설협회
    • 월간 기계설비
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    • s.51
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    • pp.100-101
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    • 1994
  • 정부가 건설 하도급거래 질서의 옳바른 정착을 위해 건설하도급공정화 지침을 마련하고 지난 87년부터 시행한 결과 시행초기에는 원$\cdot$하도급 간의 분쟁이 발생해도 하도급업체가 참는 경향이 많았으나 최근들어 전문건설업계의 의식이 향상되면서 하도급거래 질서가 정착되어 가고 있는 추세이다. 건설하도급분쟁조정협의회에 매년 접수되는 조정사례는 약 70여건 정도이며 그중 설비업계가 약 70$\%$를 차지하고 있다.

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하도급 공정거래 질서 적용사례

  • 대한설비건설협회
    • 월간 기계설비
    • /
    • s.52
    • /
    • pp.85-86
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    • 1994
  • 정부가 건설 하도급거래 질서의 옳바른 정착을 위해 건설하도급공정화 지침을 마련하고 지난 87년부터 시행한 결과 시행초기에는 원$\cdot$하도급 간의 분쟁이 발생해도 하도급업체가 참는 경향이 많았으나 최근들어 전문건설업계의 의식이 향상되면서 하도급거래 질서가 정착되어 가고 있는 추세이다. 건설하도급분쟁조정협의회에 매년 접수되는 조정사례는 약 70여건 정도이며 그중 설비업계가 약 70$\%$를 차지하고 있다.

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Analysis of Construction Dispute Cases Considering Reward Ratio Focused on Arbitration Cases of Korean Commercial Arbitration Board (보상비율을 고려한 건설사업 분쟁사례 분석 - 대한상사중재원 중재판정사례를 중심으로 -)

  • Ahn, SangHyun;Choi, Heeju;Yu, Jungho
    • Korean Journal of Construction Engineering and Management
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    • v.18 no.4
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    • pp.48-56
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    • 2017
  • Construction Projects have many participants by characteristic, scale and contract. Those also have complicated communication structure. So, claim and dispute occur continuously for conflicting communication. In many claim and dispute cases, it usually occurs between builder and owner. Unfair practices by owners position cause main claim and dispute. This study analyses judgment type, cause and compensation ratio in korean commercial arbitration case and provides the dispute information for builder that has weak position by contract. It draws analysis information for managing and controlling dispute that order type, judgement type, cause and failure case. Using these analysis information, it hopes to help inducement of dispute agreement and save time and economic damage for builder during construction. It also hopes to rise construction completeness by providing dispute management information.

Identifying and Analyzing Pre-Dispute Factors for Construction Projects (건설공사 사전분쟁요인 도출 및 분석)

  • Park, Sung-Yong;Yang, Jin-Kook;Kim, Byeong-Ok;Lee, Sang-Beom
    • Korean Journal of Construction Engineering and Management
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    • v.10 no.6
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    • pp.48-57
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    • 2009
  • As recent construction projects have gradually become larger in size and complex, construction documents such as drawings and specifications revealed the limitations that can not express all the necessary information. Due to the lack of stipulations on the contract, disputes arise among contracting parties. Traditionally, many construction companies in Korea make an unfair agreement with the clients so that the irrational items are included in their contract documents. Potential dispute factors are triggered as a result of misleading or omitted items on the written documents. This paper analyzed the civic counseling cases obtained from the public procurement service in Korea, and identified the potential dispute factors that can occur during pre-dispute stage alone with their influence analysis. The results found from this study can be used for the development of checklists that prevent the dispute in the process of construction projects.

Deduction or Importance Analysis for Pre-dispute Factors in the Constructions (건설공사 사전분쟁요인 도출 및 중요도 분석)

  • Park, Sung-Yong;Ko, Dae-Jun;Ha, Bong-Gyun;Yang, Jin-Kook;Lee, Sang-Beom
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2008.11a
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    • pp.505-508
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    • 2008
  • It's hard to express a lot of information within the drawings and the specifications as construction projects have gradually become large-size and complex. So, disputes are caused by that and reason that the usual practice(culture) of contract of the constructions in Korea is based on unfair rather than the fair principle between clients and contractors. However, the contractors don't try to solve this kind of things because they are worried about at their disadvantage situation. Therefore, this paper deduced the factors in the pre-dispute phase by analysing the cases of the civic counseling in the office of supply and the pre-dispute factors, and conduct analysis on the factors' importance by using AHP. The results will be used for a check-list to prevent the disputes.

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Dispute Settlement in Construction Contracts Under FIDIC (FIDIC에 의한 건설계약 분쟁 해결방안에 관한 연구)

  • Kim, Seong-Chirl;Jung, Byeong-Hwa
    • Journal of the Korea Institute of Building Construction
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    • v.10 no.4
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    • pp.21-29
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    • 2010
  • International construction contractors are often faced with the situation of working in an unfamiliar construction environment. Under FIDIC rules, the contractor has the right to make a claim requesting the consulting engineer for an adjustment to the contract price or the time for completion when a part or parts of the works have changed, or in the event of unforeseeable conditions. Contractors generally have more access to the costs and time implications of such a change or unforeseeable conditions than the consulting engineer or outside neutrals. Due to such an asymmetry of information, the contractor may be motivated to dispute frivolous claims of less merit, expecting erroneous judgments by the consulting engineer or the neutrals. In this paper, a claiming behavior model is presented by using game theory and experience data to study the manner in which frivolous claims develop into disputes. The model also analyzes the impacts of DAB/DRB upon the frivolous claims.

A Study on the Environmental Friendly Noise and Vibration Management Method for the Construction Project (건설사업의 소음 $\cdot$ 진동 관리방안에 관한 연구)

  • Ko Kwang-il;Kim In-ho;Seo Sang-wook;Lee Chan-sik
    • Korean Journal of Construction Engineering and Management
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    • v.5 no.6 s.22
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    • pp.110-117
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    • 2004
  • The environmental-related disputes and claims are steeply increasing recently. Among them the number of disputes and claims on noise and vibration incurred in the process of construction is more than $85\%$. Since those disputes and claims cause cost overrun and or penalty and bad impression for the construction company, it is necessary to develop a systematic management method for solving them. This study presents a environmental management structure based on the examining many kinds of environmental-related laws including 'The Act on Regulation of Noise and Vibration' furthermore, through analysing various dispute and claim cases, and surveying literatures we suggest environmental study noise and vibration management method using for the preconstruction phase, the construction phase and the post construction phase, respectively.