• 국제학술발표논문집
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• The 1th International Conference on Construction Engineering and Project Management
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• pp.1171-1176
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• 2005

Dispute related to construction projects involving numerous persons is one of the biggest challenges faced by contractors today. It costs a substantial amount of money and time in resolving these kinds of claims. Recently, with the changes in the construction environment and thought of relation with owner, the number of construction claims has increased. But, a majority of these claims do not prevail, and in fact, frequently get dismissed in its entirety. The reasons for such dismissals include the ignorance about the claims, lack of clear and convincing evidence, and so on. But most of reasons are the claims are not managed well on construction process. This paper analyzes the failure causes by relying on past claim failure cases, and then drew works that have connection with failure causes through interview. It also presented importance degree of construction management works.

• 산업공학
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• 제23권2호
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• pp.176-181
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• 2010

Warranty claim data analysis is a useful tool for the manufacturer because it contains many useful informations regarding reliability of the product in the real-world environments. Because of the nature of uncertainty and the incompleteness of data, some bias patterns are observed on warranty claim rate known as 'spikes'. Two types of spikes are considered. One is due to manufacturing-related failures. The other is caused by customer's behavior. This paper proposes a model by considering two types of spikes. Warranty claim data is analyzed with the proposed model. To represent spikes observed on the early warranty period, we classify failures into manufacturing-related failures and usage-related failures. Uniform distribution is assumed for the time delayed to diagnose and report by customers. By reducing maximum value of the delayed time by customers, the proposed model characterizes customer's rush in the vicinity of the warranty expiration limit. Experimental results by using the real warranty claim data show that the proposed model is better than the existing one in respect to MSE(Mean Squared Error). Moreover it is expected to estimate the failure rate more realistically with proposed model because it considers the delayed time to diagnose and report by customers.

• 국제학술발표논문집
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• The 2th International Conference on Construction Engineering and Project Management
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• pp.160-168
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• 2007

Conflicts of interest and independent agenda of the parties brought together for implementation of a construction project often leads to dispute in Contract and claim situations. Construction Industry is notorious for claim that is managed on its arising and there lacks an endeavor to minimize the breeding grounds through efficient planning and alignment to purpose, of all contract-documents. There failure of a concerted effort entails wastage of resources, delayed completion of facilities and stained relationships of parties when collide in mistrust in contract to win over the other. There needs a focus on the claim breeding issue and establish an effective mechanism to deal with disputes in urgency. Claim occurs mostly during the construction phase. But the seeds of claim and nutrients essential for development are contained in the contract documentation and the information supplied or not in pre-contract phase. Opportunity to prevent nutrients for seed of Claim comes to an end once tender-documents are finalized, the contract is awarded and established or not a mechanism for dealing with claim situation. The processes presented here would help in minimizing the breeding grounds and emergence of disputes during progression of works and dealing with eventualities in forceful manners for finding a resolution most effectively in relevant time.

• 한국건설관리학회:학술대회논문집
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• 한국건설관리학회 2007년도 정기학술발표대회 논문집
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• pp.463-468
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• 2007

건설 프로젝트는 다양한 이해관계자들이 참여하기 때문에 당사자들 간의 분쟁이 발생하기 쉬우며, 이러한 분쟁은 프로젝트 참여자들에게 있어 매우 중요한 사안이다. 최근 클레임의 제기가 증가하고 있지만, 클레임의 상당수가 청구한 금액에 대한 보상을 제대로 받지 못하고 있다. 이처럼 제기된 클레임이 목적을 달성하지 못하는 가장 큰 원인에는 건설 프로세스 진행 중 클레임에 대비한 관리가 제대로 이루어지지 않는 점이다. 불가피한 클레임에 대해서는 부당하게 피래를 입은 이해관계자가 적절한 보상을 받도록 미리 대비책을 마련하는 것이 필요하다. 그러므로 현장에서 실무자들에 의해 수행되는 관리 업무들이 어떤 것들이 있고 그 업무들이 클레임과 어떤 관련이 있는지를 파악하는 것은 매우 중요하다. 본 연구의 목적은 클레임 핵심관리요인과 관련 있는 관리 업무의 분석을 통해 효과적인 클레임관리방안을 제안하는 것이다.

• 한국중재학회지:중재연구
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• 제12권1호
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• pp.207-239
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• 2002

The redemption system for consumer's claim is intended to deal with the conflicts between consumers and firms in their transaction of goods and service ensuring consumer's basic right. In general, the redemption system for consumer's claim requires promptness of redemption, free charge of claim procedure for consumers and constructive response of firms. However, the current redemption system in Korea has some limitations in its authority in the sense that it has only the right for mediation of consultation and agreement and thus the involved consumer should forfeit his/her claim or should go to legal suit which requires high cost and time when the mediation work is failed between two parties. As it is shown in result of survey on empirical cases produced by the Consumer Dispute Mediation Committee in Consumer Protection Board of Korea in 2001, the 20.3％ of total claims have failed to reach final mediation, while the BBB case in the U. S. has recorded 19％ of arbitration success after its failure in mediation. Therefore, it is strongly recommended for Korea to augment current. arbitration system toward assuring firm's cost liability, the principle of quick procedure through agreement on arbitration upon consumer's request. It is thus prerequisite for firms to be armed with the concrete entrepreneurship of responsibility on cost liability. In conclusion, we suggest restructuring of currently existing institution, rather than establishing new one through substantial augmenting the role of Consumer Dispute Mediation Committee In Consumer Protection Board of Korea and enlarging its business criteria of The Korean Commercial Arbitration Board by progressive development of the consumer protection program through amendment of current law for consumer protection.

• 국제학술발표논문집
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• The 4th International Conference on Construction Engineering and Project Management Organized by the University of New South Wales
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• pp.526-533
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• 2011

Contracting is said to be a high-risk business, and a common cause of business failure is related to cash management. A contractor's financial viability depends heavily on how actual payments from an owner deviate from those defined in the contract. The paper presents a method for contractors to evaluate the punctuality and fullness of owner payments based on historical behaviour. It does this by classifying owners according to their late and incomplete payment practices. A payment profile of an owner, in the form of aging claims submitted by the contractor, is used as a basis for the method's development. Regression trees are constructed based on three predictor variables, namely, the average time to payment following a claim, the total amount ending up being paid within a certain period and the level of variability in claim response times. The Tree package in the publicly available R program is used for building the trees. The analysis is particularly useful for contractors at the pre-tendering stage, when contractors predict the likely payment scenario in an upcoming project. Based on the method, the contractor can decide whether to tender or not tender, or adjust its financial preparations accordingly. The paper is a contribution in risk management applied to claim and dispute resolution practice. It is argued that by contractors having a better understanding of owner payment behaviour, fewer disputes and contractor business failures will occur.

• 한국주거학회논문집
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• 제24권6호
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• pp.151-161
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• 2013

This research is an effort to clarify the causes associated with the 'failure' of public housing projects built in the 20th century. Two of the most brutal symbol of failure were selected: the Pruitt-Igoe built in St. Louis, U.S.A. and the Bijlmermeer in the south of Amsterdam, Netherlands. Many critics have attributed the problems of the selected housing projects to architectural failure, and proposed a series of new approaches to architectural design. The claim that many housing projects 'failed' because they were based on an agenda for social reform, derived from the ideas of the CIAM, presupposes that architects were in the position of authority over providing housing for the poor. This research tries to overturn the belief of architectural community which has placed the responsibility for the failure of public housing on designers. The sense of isolation and powerlessness felt by the residents, and the social problems attendant on those feelings, may be reinforced by design but is not caused by Modern Architecture. It should be stressed that the political-economic and social context is more significant than the architectural design for the failure of public housing projects such as the Pruitt-Igoe and the Bijlmermeer.

• International Journal of Reliability and Applications
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• 제4권2호
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• pp.79-95
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• 2003

Manufacturers collect and analyze field reliability data to enhance the quality and reliability of their products and to improve customer satisfaction. To reduce the data collecting and maintenance costs, the amount of data maintained for evaluating product quality and reliability should be minimized. With this in mind, some industrial companies assemble warranty databases by gathering data from different sources for a particular time period. This “marginal count failure data” does not provide (i) the number of failures by when the product entered service, (ii) the number of failures by product age, or (iii) information about the effects of the operating season or environment. This article describes a method for estimating age-based claim rates from marginal count failure data. It uses covariates to identify variations in claims relative to variables such as manufacturing characteristics, time of manufacture, operating season or environment. A Poisson model is presented, and the method is illustrated using warranty claims data for two electrical products.

• 품질경영학회지
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• 제42권1호
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• pp.1-14
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• 2014

Purpose: In this paper, the minimal repair-replacement warranty policy is used to carry out a warranty cost analysis with warranty servicing times and failure times that are statistically correlated to bivariate distributions. Methods: Based on the developed approach by Park and Pham (2012a), we investigate the property of the Freund's bivariate exponential distribution and obtain the number of warranty services using the field data to conduct the warranty cost analysis. Results: Maximum likelihood estimates are presented to estimate the parameters and the warranty model is investigated using a Freund's bivariate exponential distribution. A numerical example is discussed to deal with the applicability of the developed approach in the paper. Conclusion: A novel approach of analyzing the warranty cost is proposed for a product in which failure times and warranty servicing times are used simultaneously to investigate the eligibility of a warranty claim.

• 한국건설관리학회논문집
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• 제18권4호
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• pp.48-56
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• 2017

건설사업은 목적물의 특성, 사업규모, 계약방식 등에 따라 다양한 사업주체가 참여하고 그로인해 복잡한 의사소통 구조를 가지고 있기 때문에 이해관계의 대립으로 인한 클레임 및 분쟁이 지속적으로 발생하고 있다. 그런데 분쟁의 사례를 살펴보면 상당수가 시공사와 발주자 사이에서 발생하고, 발주자의 우월적 지위에 따른 불공정 관행이 원인이 되어 분쟁이 제기되고 있다. 이에 본 연구는 상대적으로 계약적 약자인 시공사를 정보 활용 주체로 설정하고 대한상사중재원의 중재판정 사례를 바탕으로 분쟁 발생 유형 및 원인별 분석뿐만 아니라 보상비용 등에 관한 분석을 수행하여 시공사의 분쟁에 따른 시간적, 경제적 손실을 최소화하고자 하였다. 이를 통해 공사 수행 중 발생 가능한 분쟁 대응전략을 수립하는데 도움을 줌으로 써 원활한 합의 유도 및 공사의 완성도를 높이는데 기여할 수 있을 것으로 기대한다.