• Korean Journal of Construction Engineering and Management
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• v.12 no.1
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• pp.13-22
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• 2011

Many studies on cause and prevention of claim have been carried out but they were mostly intended to come up with the improvement measures, improvement system or the measures to deal with the claim, which consequently lacked the substantial ways to identify the details of claim for prevention purpose. That is, there's in fact no tool, in preparation for potential claims, to identify and review the major potential causes at design stage to mitigate the claim and thus, it's necessary to develop the tool such as checklist needed to prepare the claim-supporting documents, check the relevant laws as well as to identify the cause of claim. Hence the study, given the fact that cause of claim is mostly generated at the design stage though the claim itself tends to occur at the construction stage, was aimed at developing the checklist based on contract document such as design documents at design stage for public construction projects in a bid to prevent the potential claim occurred at the design stage.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.46-53
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• 2001

Differing Site Conditions('DSC') Claims among construction claims are on the increase as a direct result of the steady construction of Social Overhead Capital Facilities initiated by Government. As DSC claims generally became apparent during the intial stage of the construction project, it is necessary to timely review and study the proposal on the prevention of DSC claims because delayed settlement will incur more substantial damages to all parties concerned. This research is focused on the identification and analysis of the causes for DSC claims as applicable to design-build project in public sector and it presents the possible short term, medium and long term proposals on the improvement of causes related with DSC claims. The major results of this research are summarized as follows: 1. Improvement of contractor's tender practice 2. Contractor's division of responsibility on the site survey 3. Improvement of owner's exculpatory clause 4. Flexibility on the adjustment of contract amount The proposals stated above could be useful in resolving the DSC claims between owner and contractors.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.26 no.1D
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• pp.115-123
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• 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 Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.341-344
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• 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.

• Korean Journal of Construction Engineering and Management
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• v.6 no.1 s.23
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• pp.205-211
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• 2005

Turnkey projects accounting for some $10\%$ of the total volume of the projects in the domestic market have been often implemented without the process of full-scale review or study because of clients' lack of expert and expertise. Moreover, many projects have been executed under the terms and conditions of the contact which were found to be unilaterally in favor of the clients. The study, as part of effects to mitigate the claims that would possibly be caused by the potential problems with the typical turnkey projects, were intended to identify the elements of the claims virtually being occurred at the construction sites, and then analyze the degree of influence on the project so as to be able to incorporate the outcome into the plan at the working-levels. As a result of experts' review, through the survey, of the elements once extracted, those having relatively higher degrees of influence on turnkey projects were determined, and the investigation aimed at estimating the amount of claims in terms of value were conducted to eventually identify, evaluate and verify the elements that had affected the Project together with the degree of influence.

• Korean Journal of Construction Engineering and Management
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• v.19 no.4
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• pp.70-81
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• 2018

Claims in the construction industry can have a serious impact on the profitability of the project or can even result in project failure if it fails to take appropriate prevention. In order to properly prevent and respond to the potential claims and legal disputes throughout the project execution, it is necessary to continuously accumulate informations and clearly define the roles and responsibilities of the important activities systematically. Based on these needs, this study develops and verifies the project information management system(PMIS) that can prevent and respond possible claims for construction projects. Developed system includes such management modules as schedule, cost, PM/CM, design, collaboration, and claims. The system was validated by adopting it to the practical projects. The results showed that information systems tailored to the construction claim need to elevate users' familiarity to be more useful. Besides, the system can be more functional when used by both owners and contractors.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.353-376
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• 2004

In the inner turn key constructions the problems of uniform types are repeatedly occurred, and, especially, many problems happen up to the stage of pre-construction(from a bid to a contract) owing to the specialties of the turn key constructions. So the claim factors of the Korean turn key constructions were abstracted through the literature searches, the site document examinations, the case studies and the interviews with the experts. When the technicians meeting the interior turn key constructions for the first time and working here now are well acquainted with only these factors, many claims will be prevented. By analysing the degree of claims by claims factors through the questionnaires to the experts about the abstracted factors and surveying the amount of the claims through the case studies, what factors exerted how much of influence on the claims was tested and analyzed. Proposing the response devices to the factors affecting the claims much led the technicians in charge of internal turn key constructions to the prevention and the proper solution of the site claims.

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

• Korea Trade Review
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• v.41 no.3
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• pp.135-156
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• 2016

This study, with reference to data on economic conditions in Shandong Province, China, looked into trade and investment activities in Korea and major cities of Shandong - Qingdao, Yantai, Weihai and Jinan - and investigated claim cases between the two countries by type. In addition, we investigated the matter empirically by conducting a survey administered to 300 Korean companies investing in Shandong Province and, based on the data, tested hypotheses for inferential analysis. The findings are as follows: i) while hypotheses in which the size of a firm, represented by import and export volume, has a positive relation with the frequency of trade claim filings (H1) and with the financial value of the trade claims (H2) were quoted, company size proved to have a significantly negative relation with the time required to obtain a claim decision, which rejects the third hypothesis (H3) in which the relation was thought to be positive: ii) while products, as represented by the type of business, showed a clearly significant difference with the frequency of trade claim filings (H4) and with methods of preventing and responding to claims (H6), they did not show a significant link to the type of trade claim (H5). This study is a theoretical and empirical overview of Korean companies based in Shandong Province of China, and can be used to address the practical needs of the Korean companies looking to start business in Shandong Province.

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