• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2008.11a
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• pp.897-900
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• 2008

As the further development of economic globalization and the continued opening up of international construction markets, many of the countries are faced with more and more severe domestic and international construction market competition. It has been a focus question of all the countries and regions that how to achieve maximal profit in the international construction market, but construction claims are growing into a stumbling block to the project participants to reach their expected goals. Thus, the management of construction claims is considered as the greatest challenge that is facing constructors in today's vacillating business environment. Recently, many of the methodologies have been developed for the construction claims to overcome these current problems, but compared to the developed countries there is still a big gap in some Asian countries, such as China and Korea. This paper attempted to investigate and compare the project claims system in these two countries to figure out the common points and differences.

• Construction Engineering and Management
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• v.6 no.6 s.28
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• pp.27-28
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• 2005

• International conference on construction engineering and project management
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• 2007.03a
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• pp.150-159
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• 2007

More often than not, cost claims which are legitimately due and entitled to the contractor for works done, or for loss and expense incurred arising from disruption, prolongation and delay, are surprising not successfully recovered, whether in whole or in part, or none at all. One of the main reasons attributing to such scenario, is due to either the contractor, employer or the consultants and their poor understanding of and adherence to established and proper contractual rubric that is embodied in the building construction contract for the works. This paper explores some such pitfalls that could very well spell the ultimate financial disaster for many contractors, and highlights salient and essential intimations that contractors and consultants should watch out for.

• International conference on construction engineering and project management
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• 2005.10a
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• pp.693-698
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• 2005

Evaluation of construction claims history can provide insights to improvement opportunities in a capital project portfolio. This study analyzed construction litigation claims extracted from the U.S. Court of Federal Claims (COFC) history involving the U.S. Naval Facilities Engineering Command (NAVFAC) from 1995-2004. Twenty-four total cases were examined over this period. Both "primary" causes and "root" causes were identified and compared to 666 litigation cases reviewed by the Armed Services Board of Contract Appeals (ASBCA). Based on the analysis, strategies for resolving future disputes are recommend using a 'hybrid' process prior to litigation.

• Korean Institute of Interior Design Journal
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• v.27 no.3
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• pp.116-125
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• 2018

With rapid economic development in Korea, interests in interior design have increased gradually. However, interior design markets were poorly evaluated from 2015 Korean Consumer Evaluation. It is necessary to identify what kinds of problems, defects, and consumer claims have arisen during interior design planning and construction procedures. Therefore the purpose of this study is to investigate claims and disputes in interior design project procedures and to find out when defects or claims take place in those procedures in order to reduce claims or defects. Email questionnaires were distributed to KOSID members (professional interior designers) using Google Survey. In addition, a focus group interview was conducted. A total of 54 responses were collected and analyzed using SPSS 19. As a result, in an agreement stage, alteration in materials is the major source of claim. More than a half of respondents addressed time shortage for programming and planning. During the construction stage, approximately 31% respondents experienced client dissatisfaction with materials and finishes. The reason for project completion delay was due to claims during construction. The claims most frequently appealed by clients were related to painting. The satisfaction with project quality is positively related to the quality and contents of design documents including design drawings and specifications. Regulations and communication with clients are important issues to reduce the gaps between interior designers and clients/ consumers.

• Journal of the Korea Institute of Building Construction
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• v.6 no.1 s.19
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• pp.93-99
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• 2006

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.

• Korean Journal of Construction Engineering and Management
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• v.2 no.1 s.5
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• pp.78-87
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• 2001

Recently many construction claims related to the ommission and discrepancy of design document are alleged since 1998 and various dispute resolution methods are appeared. But many contractors alleged claims are not satisfied with the result because of not sufficiently reflecting construction practice. The purpose of this study is to analyze the liability of contract privity from the view point of the contract related law and to analyze the claims and claim factor, and to suggest construction contract practice in the public project. The construction claims related to the design document may be minimized, through (1) the accumulation and retrieval of standard forms by owners' type, (2) the usage of specified specification considering project characteristics, (3) the materialization of detail subsurface design and various contract method in heavy engineering construction.

• 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.

• Journal of Arbitration Studies
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• v.14 no.2
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• pp.243-279
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• 2004

The construction arbitration field has developed considerably since the latter half of the 1990s. Through analysis of construction arbitration cases taken up by KCAB, this paper intends to show the present condition and the improvement direction of construction arbitration in Korea. The number of construction arbitration cases filed at KCAB has been increasing rapidly after 1997, but recently the rate of increase has tended to decline. From 2000 to 2003 the number of arbitration cases increased 23％ each year, on average, but in 2003 the increase was only 7.6％. In the very beginning, public construction claims made up the majority of all construction cases, however, civil construction claims are increasing gradually. The arbitration amount in the construction field is very high, owing to public construction claims. For example, the arbitration amount per case was 5 billion won, on average,. in the public construction field. It is shown that the claimants of arbitration are mostly constructors and the main reasons for making claims are to demand payment for construction and payment for additional work. KCAB investigated the performance status of arbitration awards. The voluntary performance rate for awards in construction arbitration is nearly 80％ and in 11％, a suit was filed to appeal the arbitration award. In spite of the development of construction arbitration, some improvements are requested. There have been arguments about the effectiveness of selective arbitration agreement in the General Terms of Construction Contract. This has caused a decrease in arbitration cases, so improvements in this dispute settlement clause need to be made. Enforcement of arbitration awards is granted by the judgment of a court. Resulting from this, appeals for arbitration awards are not allowed, however, up to three appeals for the enforcement of awards are allowed in court. As such, the enforcement system for arbitration awards needs to be improved and simplified.

• 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.