• Korean Journal of Construction Engineering and Management
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• v.13 no.3
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• pp.122-130
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• 2012

Currently, TK(Turn-key) projects have been implemented, the projects on TK basis still have shown several problems rather than its own merits as a bidding method. Increasing the number of claims being occurred during construction process of the projects is reality because of unclear notice of tender documents and conditions of the contract, design review system, and decision process of the qualified bidder. To establish desirable TK projects in domestic market, not only should resonable alternatives for carrying out design review system and selecting the bid winner be set up, but also proper standards for reforming irrational system of contract, bid, and notice of tender related to TK projects. This study is intended to reduce the number of claims and implement efficient projects of apartment construction on TK basis by identifying potential problems through analysis of claim examples of TK projects which have difficulties of revising contract agreement such as drawings and suggesting improvement methods for contract conditions and notice of tender docuements.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2004.11a
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• pp.629-633
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• 2004

The number of claims and disputes among project participants has been steadily increasing last a few years and it creates numerous conflicts and problems in the domestic construction industry. One of the root causes of claims and disputes can be explained by the fact that project objectives of participants are offer different and not aligned. This research is considered as a pre-study of developing a strategy to mitigate conflicts such as claims and disputes in the domestic construction industry by utilizing Alternative Dispute Resolution (ADR) techniques. This research focused on improving standard contrast documents to establish a systematic dispute resolution process which emphasize the ADR method. To do so, several well-recognized contract documents developed by FIDIC, AIA, ECC were throughly investigated and analyzed using a benchmarking process. Result of the research propose needs of improving the domestic construction document's some clauses and the details will be further Investigated through surveys and expert's opinions.

• Construction Engineering and Management
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• v.3 no.1 s.9
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• pp.19-26
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• 2002

• Construction Engineering and Management
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• v.22 no.2
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• pp.4-8
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• 2021

• 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.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2008.11a
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• pp.268-273
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• 2008

Because a procedure is complicated and various related parties participate in the redevelopment and reconstruction project, it can be extended to diverse disputes when the relation with the related parties is smoothly adjusted. In particular, when the dispute occurs in a phase of occupancy after the complete construction, the regional residents-centric association must give up many rights of invisible parts caused by the construction company's profit maximization because they are short of professionalism about the business. Accordingly, this study is aimed at providing the construction project manager's dispute and claim process for responding to the dispute or claim reasonably and for obtaining the client's (association) rights for the reconstruction project, and at developing the checklist for obtaining the necessary documents by each phase, when the dispute or claim is made by the association against the construction company after the completion of construction. Through this study, the association can obtain the related documents in advance and can implement the reasonable response data when the dispute or claim occurs due to it. Also, it will enable the construction manager to analyze the project costs reasonably and will reduce the estimated wastes. That is, the work efficiency is expected to be improved.

• Korean Journal of Construction Engineering and Management
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• v.7 no.6
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• pp.99-111
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• 2006

Of the numerious dispute resolution methods, Alternative Dispute Resolution(ADR) is the most highly recommended approach for the guarantee bond-related dispute. In reality, however, claims were not resolved satisfactorily through ADR because of the lack of reference materials for negotiation, thus those were frequently had to be resolved through litigation. The above fact implies that, it is required to seek an efficient way to resolve the bond-related claims prior to they progress to litigation. This research paper intensively investigated judicial precedents of 232 cases with regard to construction bond-related disputes that observed during the analysis period(2000-2004). According to the summary statistics, it turned out that litigation were time consuming and potential economic loss was tremendous; on average, it takes 1067 days(the longest case was 1965 days) for dispute resolution. It suggests that litigations should be discouraged considering the magnitude of potential loss of stake holders. Research results revealed that there are some significant differences between categories in some variables affecting to the rate of winning; i) the number of lawsuit deputies of a plaintiff (in the 1st trial), ii) dispute locations (in the 1st and 3rd trials), iii) contract price (in the 1st trial), iv) contractors' operating capability (in the 1st and 2nd trials). For the rest of variables, significance level between categories was too low for preparing efficient improvement plan. Despite the important implications drawn from the analysis, this research has limitation due to the several reasons such as data structure, the depth of Information, etc. Therefore, more systematic research should be followed in the future.

• Construction Engineering and Management
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• v.3 no.1 s.9
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• pp.5-8
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• 2002

• Construction Engineering and Management
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• v.25 no.2
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• pp.49-51
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• 2024

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.426-429
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• 2003

In the construction process, there are many change orders differing to the initial contracts came from the social needs and environmental changes. Most of them will impact to the construction process so that its effects occur project delays. Time extension and liquidated damage in the construction process come from schedule delay whether it is excusable or not non-excusable by the owner. However, those become the delay claims if the owner and the contractor are not agreed on this situation. One of the most important thing on the delay claims is the calculation of delay. The purpose of this study is to present the method of the time delay calculation by comparison of As-Planned schedule, As-Built schedule including all delay and As-Built schedule absent owner delay.