• Title/Summary/Keyword: Causes of Disputes

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Association Rules Analysis Between the Types and Causes of Disputes in Construction Projects (연관규칙 분석을 통한 건설공사 분쟁유형과 분쟁원인의 연관성 분석에 관한 연구)

  • Jang, Se Rim;Kim, Han Soo
    • Korean Journal of Construction Engineering and Management
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    • v.23 no.5
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    • pp.3-14
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    • 2022
  • Construction projects have high potentials of claims among a variety of stakeholders. Claims on their own are not disputes but they have high potentials leading to disputes if agreements are not made between parties due to conflicting opinions. In the event of the construction disputes between clients and contractors, it could give negative impacts to both parties and, to minimize or pro-actively manage construction disputes, the role of clients is more significant. The objective of the study is to analyze a level of associations between the types of disputes and causes of construction projects based on the association rule analysis, and to identify and discuss key characteristics and implications from client's perspectives. The study analyzes associations between the types of disputes and causes, and also identifies those with a high level of associations. It also presents the outcomes of more systematic analysis compared to descriptive statistics just based on frequencies. Through the analysis of the data cases, the study proposes the directions to resolve the causes of disputes from client's perspectives. It can assist to improve understandings of the relationships between the types of disputes and causes and to pro-actively manage the disputes of construction projects.

Analysis of medical disputes in Jeju (제주의 의료분쟁판례분석)

  • Huh, Jung-Sik;Kim, Ki-Young
    • Journal of Medicine and Life Science
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    • v.16 no.1
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    • pp.10-12
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    • 2019
  • Medical disputes can always arise in the medical environment. We aimed to decrease the medical disputes by analysis for causes and results of cases of medical disputes. The cases of medical dispute were found on the homepage of the Supreme Court based on the judgment data which was searched using the keyword 'Jeju, Medical accident' and it was described as the area related to each medical accident. There was total of 13 cases related medical disputes in Jeju. The final states of the patients were different in each causes, but death accounted for 10 cases (76.92%), comatose state for one and disability for two respectively. The cases were 2 related with an injury from a fall. The major cause was violation of medical care obligation. Physician have to learn recent medical knowledge, have competence, and explain the detailed procedures and complications before the procedures dependent on patient autonomy.

Fundamental Directions and Strategies for Resolving Local Disputes (지역분쟁 해소의 기본방향과 전략)

  • 박종화
    • Journal of the Korean Regional Science Association
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    • v.12 no.2
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    • pp.79-97
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    • 1996
  • Local dispute resolution has evolved in response to the need for effective ways to cope with the increasing numbers and types of local disputes. Where resources are limited, where the activities of individeuals or communities affect other individuals or communities, and where interests deviate or compete, disputes are likely to emerge. Efforts to resolve local disputes vary in their particulars but generally have certain elements in common. Therefore, this study focuses upon the fundamental directions and strategies for resolving local disputes. More specifically, the purpose of this study is to examine the causes of local disputes, to suggest fundamental directions for resolving local disputes, and then to explore the strategies for resovling local disputes. In the face of rising local disputes, planners need to become more aware of the possibilities for consensual dispute than one potential path to consensus. In spite of this variability, desirable strategies in local dispute resoultion processes can be identified.

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Analysis of Causes of Conflict in Construction Projects (건설공사에서의 갈등원인 연구)

  • Oh, Guk-Yeol;Lee, Young-Dai;Kim, Chang-Soo
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2007.11a
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    • pp.473-478
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    • 2007
  • The construction industry is huge-there are lots of project organizations and many different people who work on them. Conflict will occur in any long - term relationship and it happens in personal, professional, family, and social relationships. Disputes between parties to construction projects are of great concern to the industry. The study of construction industry disputes, and the causes of those disputes, is essential. The purpose of this study is to identify the root causes of conflicts in construction industry. A questionnaire field survey was conducted to investigate the root causes of construction conflicts. The professionals working for owner, contractor and consultants were targeted for the collection of data. Descriptive analysis such as mean score and standard deviation as well as factor analysis was employed to find underlying factors related to conflicts in construction field. Student's t-test and ANOVA test tools were used to compare the perceptions of various categories of population and project. Factor analysis was used to group the numbers of conflict causes. This study reveals four root causes of construction conflict. They are: (i) weak project leadership (ii) weak contractor selection (iii) weak project management, and (iv) project participants' attitude.

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A Study on Fisheries Management and Regulation of Fishing Area Disputes in Korean Coastal Waters (어업관리와 조업분쟁 조정에 관한 고찰 -연안어선어업의 조업구역을 중심으로-)

  • 이광남;윤동한
    • The Journal of Fisheries Business Administration
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    • v.28 no.1
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    • pp.1-26
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    • 1997
  • The Proposal of this paper is to draw up solution about fishing disputes in Korea coastal waters. Small fishing vessels under 8 metric tons which is regulated by the provincial governors, must operate within provincial boundary on the sea as in fishery policy of Korea. on this, I think that the present situations of fishing disputes have related to the fishing license system. Problem of this kind, Before 1970's, fishing disputes rarely took place, and it, if any, did not bring any social conflicts or disputes. Since 1980's, some of fishing disputes have been reported within fisheries society Recently, The disputes have been increasing to become social conflicts between local people concerned and have evoked an argument on whether the provincial boundary on the sea exists. If such disputes continues to increases or remains unsolved, they will bring a tremendous social cost such as an accelerated decrease in fish resources, degradation of fishing grounds, disorder in fishing, destruction of fisheries culture and so on. The reasons for the growing disputes can be specified as fellows : the degradation of fish resources, the present fishing license system which inherently causes competitions in fish catching, irrational ceiling system of fishing vessels, legal problem on existing boundary between neighbouring two provinces, the functional problem of national or regional fishery coordination committee which has been established to coordinate general fishing disputes. This study has also dealt with Japan's experiences in fishing disputes which has the history of more than a hundred years and its coordinating mechanism. In the discussion section, some possible solutions have been briefly touched fer further study.

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Systematic Literature Review for the Application of Artificial Intelligence to the Management of Construction Claims and Disputes

  • Seo, Wonkyoung;Kang, Youngcheol
    • International conference on construction engineering and project management
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    • 2022.06a
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    • pp.57-66
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    • 2022
  • Claims and disputes are major causes of cost and schedule overruns in the construction business. In order to manage claims and disputes effectively, it is necessary to analyze various types of contract documents punctually and accurately. Since volume of such documents is so vast, analyzing them in a timely manner is practically very challenging. Recently developed approaches such as artificial intelligence (AI), machine learning algorithms, and natural language processing (NLP) have been applied to various topics in the field of construction contract and claim management. Based on the systematic literature review, this paper analyzed the goals, methodologies, and application results of such approaches. AI methods applied to construction contract management are classified into several categories. This study identified possibilities and limitations of the application of such approaches. This study contributes to providing the directions for how such approaches should be applied to contract management for future studies, which will eventually lead to more effective management of claims and disputes.

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The hypersensitivity and the pain of teeth after conservative treatment (임상가를 위한 특집 2 - 보존학 분야에서 다분쟁사례와 해결방안 치과치료 후 발생하는 민감성증상 및 치아 통증)

  • Kim, Miri
    • The Journal of the Korean dental association
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    • v.52 no.2
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    • pp.69-74
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    • 2014
  • Many patients have been suffering the continued hypersensitivity and pain of teeth after operative or endodontic treatment. The primary purpose of this paper is to examine the causes of the pain and the hypersensitivity of teeth, and to resolve conflicts between dentists and patients. The secondary aim of this paper is to prevent medical disputes. Evidence-based dentistry and making a good relationship with patients will reduce disputes on dental treatment.

Stakeholders' Perception of the Causes and Effect of Construction Delays on Project Delivery-A Review

  • Gandhak, Prajyot;Sabihuddin, Syed
    • Journal of Construction Engineering and Project Management
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    • v.4 no.4
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    • pp.41-46
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    • 2014
  • Indian Construction industry is large, volatile, and requires tremendous capital outlays. Typically, the work offers low rates of return in relation to the amount of risk involved. A unique element of risk in the industry is the manner in which disputes and claims are woven through the fibre of the construction process. Delay is generally acknowledged as the most common, costly, complex and risky problem encountered in construction projects. Because of the overriding importance of time for both the Owner and the Contractor, it is the source of frequent disputes and claims leading to lawsuits. The growing rate of delays is adversely affecting the timely delivery of construction projects. Presently construction industries are facing a lot of problems, considering that a paper assess construction stakeholder's perception to the causes of delays and its effects on project delivery. And also one case study is considered in this paper to elicit responses from construction stakeholders. The primary aim of this paper is to identify the perceptions of the different parties regarding causes of delays, the allocation of responsibilities and the types of delays, and method of minimizing the construction delays.

Disputes in Managing Projects: A Case Study of Construction Industry in Vietnam

  • VO, Khoa Dang;NGUYEN, Phong Thanh;NGUYEN, Quyen Le Hoang Thuy To
    • The Journal of Asian Finance, Economics and Business
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    • v.7 no.8
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    • pp.635-644
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    • 2020
  • The construction industry in developing countries like Vietnam, which incorporates small and medium construction enterprises, is typically more prone to disputes and contract dispute-related lawsuits. A dispute may occur at any time in the life cycle of the project. It is sometimes solved with the intermediation of a lawyer or directly by stakeholders. Understanding the causes of disputes in a construction project not only improves the efficiency of a company but also increases the success of projects. This study was carried out using a questionnaire survey at construction projects in Ho Chi Minh City. Sample data with 117 observations were analyzed to find the disputing factors in construction projects: diversity of working style among the parties; reluctance to work; and poor teamwork. Correlation coefficient on a rank of factors between design consultant and contractor; Design consultant and project owners are positively correlated. The Exploratory Factor Analysis (EFA) analysis identified six groups of factors in construction disputes: cooperation, technology, economics, productivity, information, and behavior. The findings are useful for enterprise practice and provide participants with an overview of sources of dispute. Thus, a more complete risk management plan can be formulated, which will accelerate project progress and improve the likelihood of success.

CONSTRUCTION DELAY IN INTERNATIONAL PROJECTS: WITH SPECIAL REFERENCE TO GULF AREA CAUSES, DAMAGE ASSESSMENTS AND ENTITLEMENTS

  • Sami Fereig;Nabil Kartam
    • International conference on construction engineering and project management
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    • 2005.10a
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    • pp.758-763
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    • 2005
  • For international projects in general and the projects in the Gulf area in Particular, the most common cause of construction disputes and claims is construction delay. This paper will present different surveys to identify the causes of delay, the parties responsible, and how delay can be avoided. This paper will outline how these factors impact damage assessment and entitlement. Furthermore, a case study will be presented to show how the responsibility and damages due to delay are assessed and how entitlements are calculated.

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