• Title/Summary/Keyword: Construction Claims

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An Argument-based Approach to Manage Collaborative Negotiations in Software Systems Design

  • Lu, Stephen C-Y.;Jing, Nan
    • Industrial Engineering and Management Systems
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    • v.7 no.3
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    • pp.266-287
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    • 2008
  • To manage collaborative negotiation in software system design, we have built a socio-technical argument-based negotiation management approach by integrating a Socio-technical Co-construction Process (STCP) with an Argument-based Negotiation Process (ABNP). This paper reviews relevant research work and presents each step of this approach. The STCP provides rich contextual information of technical decisions and social interactions in a system design process. The ABNP provides STCP with a negotiation management and conflict resolution strategy by guiding software engineers to generate, exchange and evaluate their argument claims in negotiation activities. In addition, this paper describes a prototype system which implements this new approach using the advanced Web-based software technologies with the goal of demonstrating how to systematically enhance the negotiation management capabilities in a dynamic socio-technical framework.

Measures for ADR Activation of Gender Disputes in Korea (한국 성차분쟁(Gender Disputes)의 ADR 활성화 방안)

  • Shin, Koon-Jae
    • Journal of Arbitration Studies
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    • v.25 no.4
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    • pp.97-117
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    • 2015
  • As women's social advance had accomplished improvements to standard of living and equal employment, new forms of dispute such as gender inequality, sex crimes, and divorce rate increases have begun to generate. Disputes between men and women are desirable to settle by ADR rather than by traditional litigation owing to difficulties of legal resolution, cost and time, need for amicable dispute, etc. This study aims to reveal whether there is a relationship between ADR and gender. Through review of previous articles, this study finds that gender difference makes a visible difference depending on case type, context, and sex role of participants. For example, women were selected as mediators and arbitrators in non-monetary and small-claims disputes, family, labor, and consumer disputes and men were selected in large-scale disputes and construction, corporate and commercial, and intellectual property disputes owing to differences of experience and professionalism. Women were relatively frequently selected as mediators owing to active communication skills and men were selected as arbitrators because of decision-making skills.

Conscientization and the Discursive Construction of Identity Across cultures: Using Literacy Autobiography as a Reflective and Analytical Tool

  • Pederson, Rod
    • Cross-Cultural Studies
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    • v.20
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    • pp.149-182
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    • 2010
  • This paper reports on an ongoing study that utilizes the literacy autobiographies of 10 Asian and 10 Western graduate students from TESOL Masters programs in Korea and America as data for a cross cultural study on the discursive process of identity formation and the development of critical consciousness (Freire, 2000). While the data suggests similarities and differences between cultures in terms of the effects of education, social relationships, media, and religion, no definitive claims may be made due to the small size of the research corpus. However, analysis of the data revealed that only four of the narratives could be judged as engaging in critical introspection of individual subjects systems of knowledge, values, and beliefs, as opposed to the other narratives that were primarily descriptive of individual personal experiences. As such, this study found that while the willingness and ability to engage in the critical practices which lead to the development of a critical consciousness are similar across cultures, they may be mediated by the literacy practices inscribed in education, media, and other social practices.

Study on the Defects of Finishing Works of Apartment Houses during Warranty Liability Period and its Correlation (공동주택 마감공사의 하자보수기간 현황 및 연관성 연구)

  • Lee, Ung-Kyun;Seo, Deok-Seok
    • Journal of the Korea Institute of Building Construction
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    • v.17 no.4
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    • pp.385-391
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    • 2017
  • The warranty liability period for defects in apartment buildings by work type is not based on scientific analysis, making the appropriateness of the term a culprit behind the lawsuits. Therefore, this research aims to evaluate the appropriateness of the warranty liability term of apartment buildings by identifying the current status of defects, in particular, caused by finishing works. That is because the number of defects, caused during the finishing works, accounted for the largest portion of the total defect cases of apartment buildings reported to the Apartment Defect Dispute Mediation Committee under the Ministry of Land, Infrastructure, and Transport of Korea between 2010 and 2011. The result from analyzing claims for defect repairs of the finishing works showed that most cases by work type continued to be made after two years, and only about 60% were charged within the warranty period. And, defects by work type have correlation, which needs to be considered for a better construction technique. Considering a low correlation between the possibility of defects and the construction performance rankings, which are highly relevant to the apartment preference. It is believed that there needs to be a qualification process for agencies that actually performs finishing works.

Improvement of the Calculation Standard for Prolongation cost of Long-term Continuing Contracts Construction Project (장기계속계약공사의 공기연장 추가간접비 산정 개선방안)

  • Jeong, Kichang;Lee, Jaeseob
    • Korean Journal of Construction Engineering and Management
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    • v.18 no.2
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    • pp.30-37
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    • 2017
  • In Korea, additional indirect costs generated from the time period extension of public construction projects have been studied. Practical claims against such costs are increasing. There are no clear criteria for calculating the delay cost caused by the extension, and thus calculation methods differ across entities. Logical valid calculation methods have also not been researched. Further, there are no Korean studies on the additional indirect cost caused by a suspension in a public construction project on a long-term continuing contract. The purpose of this research is to propose a method of calculating the indirect cost incurred by construction time extension that reflects the characteristics of Korean public construction projects. The cost patterns generated during construction periods were analyzed, and then the current criteria of calculating the indirect costs caused by the extension were examined. Following this, actual conditions and practices in the field were surveyed and the current calculation method was applied to a model case to compare the actual cost and that determined from the current calculation method. Issues with the current method were identified by this comparison. Based on this, this research proposes a method of calculating the total actual cost caused by a suspension in a public construction project that is appropriate for calculating the additional indirect cost generated by a suspension in a public construction project on a long-term continuing contract.

A Study on Change Orders in Overseas Construction using Feature Selection - Focus on Plant Construction in the Middle East - (Feature Selection을 활용한 해외 건설의 공사변경 관리에 관한 연구 - 중동 플랜트 건설프로젝트를 중심으로 -)

  • Hong, Sunyoung;Yeom, Chunho
    • Korean Journal of Construction Engineering and Management
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    • v.22 no.2
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    • pp.63-71
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    • 2021
  • This paper looks into how to enhance construction project management, focusing on the change order, which is often considered one of the major causes for construction delays, disputes, and claims in the middle east construction. First, this paper categorizes the major causes of change orders. It suggests a detailed classification standard for affecting factors resulting from change orders based on a case study result of an on-going construction project in the Middle East. In particular, this paper presents a method to apply a machine learning-based feature selection to quantify the importance of change order triggers and affecting factors. As a result, the case study identifies six major change order triggers and eight affecting factors. Also, a meaningful relationship between change order triggers and affecting factors by each category is presented. This paper will contribute to setting a clear guideline for change order management for the international plant construction field while helping prevent construction delays and cost run-ups by reducing the time required for change order resolution between project owners and contractors.

Scheduling Technique for Remodeling Project of Inhabited Condition (재실 리모델링 특성을 반영한 공정계획 기법)

  • Paik, Hwa-Sook;Nam, Wook-Jin;Kim, Sung-Han;Kim, Hyung-Jin;Choi, Jong-Soo;Kim, Kyung-Hwan
    • Korean Journal of Construction Engineering and Management
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    • v.14 no.2
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    • pp.141-149
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    • 2013
  • This paper presents a scheduling technique that reflects various constraints in remodeling project of inhabited condition. The remodeling project of inhabited condition is required more detailed planning and control due to claims by noise, vibration, dust, smells, limited lift capacity, and limited temporary stock area. Because of the constraints, complexity in scheduling is increased and earlier completion is required to reduce the possibility of safety and environment accidents. Especially, in case of inhabited condition, the scheduling should be linked day-time/night-time/weekend work. This paper proposes a structured scheduling technique to incorporate those constraints in remodeling of inhabited condition. This scheduling technique considers not only remodeling process but also dismantling, newly-construction, and residents movement. Process expression method using MS-Project also presented to keep connectivity with existing scheduling system.

The Impact of Organizational Safety Culture on the Resilience Ability : Focused on the Construction Industry (조직의 안전문화가 레질리언스 역량에 미치는 영향 : 건설업을 중심으로)

  • Chu, Chan Ho;An, Kang Min;Baek, Dong Hyun
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.44 no.3
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    • pp.73-85
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    • 2021
  • The construction industry is considered to be a fatal accident industry, accounting for 28.5% of the total industrial accidents in 2017, as the number of industrial accidents in the construction industry has steadily increased over the past decade. So it is necessary to consider introducing Resilience Engineering, which is actively applied to risky industries around the world, to drastically reduce construction accidents. Although Resilience Engineering, which has emerged as the next-generation safety management centered on Hollnagel since the 2000s, claims the importance of strengthening Resilience abilities considering organizational structure and culture, most studies focus only on developing evaluation indicators. The purpose of this study is to analyze the impact of an organization's safety culture on its Resilience abilities in the construction industry. Specifically, it conducted empirical analysis on the impact of safety culture consisting of 'communication, leadership and safety systems' on the Resilience abilities(responding ability, monitoring ability, learning ability, anticipating ability), and the mediation relationship between leadership, communication, and safety system. The survey was conducted on construction workers, and an empirical analysis was conducted on the final 154 responses using SPSS 25 and Smart PLS 3. The results showed that the safety system had a significant impact on all Resilience Abilities, and communication had a significant impact on the remaining three except for anticipating ability among Resilience Abilities. On the other hand, leadership has been shown to have a significant impact on anticipating ability only. In the verifying of the mediation relationship between leadership, communication and safety systems, it was found that leadership affects all Resilience abilities by means of safety systems, but communication can only affect responding ability. This study has practical significance in that it suggests the need for policy-level efforts to introduce and apply Resilience Engineering and then expanded the effective safety management assessment of the construction industry in the future. Moreover, the academic implications are important in that the study attempted to expand the academic scope for a paradigm shift in the future as the safety culture has identified its impact on the Resilience abilities.

Quantification of Schedule Delay Risk of Rain via Text Mining of a Construction Log (공사일지의 텍스트 마이닝을 통한 우천 공기지연 리스크 정량화)

  • Park, Jongho;Cho, Mingeon;Eom, Sae Ho;Park, Sun-Kyu
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.43 no.1
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    • pp.109-117
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    • 2023
  • Schedule delays present a major risk factor, as they can adversely affect construction projects, such as through increasing construction costs, claims from a client, and/or a decrease in construction quality due to trims to stages to catch up on lost time. Risk management has been conducted according to the importance and priority of schedule delay risk, but quantification of risk on the depth of schedule delay tends to be inadequate due to limitations in data collection. Therefore, this research used the BERT (Bidirectional Encoder Representations from Transformers) language model to convert the contents of aconstruction log, which comprised unstructured data, into WBS (Work Breakdown Structure)-based structured data, and to form a model of classification and quantification of risk. A process was applied to eight highway construction sites, and 75 cases of rain schedule delay risk were obtained from 8 out of 39 detailed work kinds. Through a K-S test, a significant probability distribution was derived for fourkinds of work, and the risk impact was compared. The process presented in this study can be used to derive various schedule delay risks in construction projects and to quantify their depth.

A study on the Construction Claims Between Parties Without Privity (국내 건설분쟁에서 비계약 당사자간의 건설분쟁에 관한 연구)

  • Yun Dae-Jung;Han Sung-Heon;Paek Joon-Hong
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.300-305
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    • 2002
  • The construction project is a complex undertaking involving multiple participants. Conflicts are inherently natural in the construction projects and subsequently, a success of projects mainly depends on how well to cope with the conflicts. In the past, courts usually took the position that the professional's exposure in damages for negligent performance of any of his/her duties would not extend to strangers to the contractual arrangement. However, courts today generally reject that rationale which was earlier in vogue and protect architects, engineers, and contractors from being liable to third parties. It means that the lack of privity of contract could rarely protect a profession in a suit alleging the negligence or professional malpractice in preparing plans or specifications. The main goal of this paper is to enhance the understanding of the legal aspect of privity and to provide the trend of no-privity disputes through the analysis of lawsuit cases during the last 40 years. On the base of the analysis, importance of the third relationship and the liability in construction disputes is presented.

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