• Journal of Arbitration Studies
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• v.15 no.3
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• pp.303-324
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• 2005

Turnkey project in construction which accounts for about $10\%$ of the total annual construction orders in the nation is expected to grow in size as an effort to strengthen international competitiveness and improve quality of construction work. However, problems of turnkey project in construction raise concern for many possible cases of possible claims. Based on the understanding that bidding guidelines which plays a critical role in turnkey project in construction actually contain some unequal clauses and causes for problems which undermine development of turnkey construction and further create possible cases of claims, the paper aims to identify and analyze the unequal clauses and problems contained in the guidelines in order to make suggestions for improvement. Among all the turnkey construction orders that has been placed since 2000 when domestic turnkey project in construction became relatively formulated, 13 constructions costing more than 50 billion won were selected for this study since their construction scale were large enough that the bidding guidelines for them were regarded as containing little difference among one another. In order to enhance construction technology and to prevent claims while trying to achieve the original purpose of Turnkey system, the parties involved in or schedule to take part in Turnkey project including ordering institution, Construction Company and Design Company should make an effort to have more reasonable bidding guidelines drawn up.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2021.11a
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• pp.248-249
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• 2021

Planning and Scheduling in Korean has been developed from Bar Chart to CPM, integrated management and EVM were attempted. As growing of overseas projects, Scheduler was also recognized as important one. However, the reality is that most Korean construction projects still remain in the preparation of construction plan and construction schedule in 1990s. The global Planning and Scheduling trend is EOT claims. I would like to understand the global trend of EOT claims and EOT analysis, and to find out Planning and Scheduling measures to successfully promote EOT claims.

• Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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• 2012.04a
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• pp.787-790
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• 2012

In downtown, construction noise related claims are the most important issues. Sometimes noise related claims halt the construction process. Therefore, Introduction of noise reduction measures is common to construction process with a loud noise. This case is about concrete pouring for mat foundation of super tall building. Concrete pouring process using High Pressure Pumping machine causes high noise level in the vicinity of area. And large number of transit-mixer truck cause traffic congestion. This paper introduces effort and process to prevention of construction noise claims on massive scale concrete pouring.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.27
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• pp.3-28
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• 2005

It is common that several kind of claims between the parties are arising in carrying out international construction works. Therefore, it is very important for them to settle the claims effectively in order to get expected profits and purposes in international construction works. In this article, the author have studied on the procedures and contents on the settlement of claims between the parties based on the FIDIC contracts for major works which are newly prepared in 1999 by FIDIC. Especially, the arbitration clause in the FIDIC contracts for major works attempts to deal with a number of complex contractual and legal matters, sometimes in a very harsh way, e.g. by cutting off a party's rights. It has never been an easy clause to understand or to observe. Nevertheless, the author hopes he has been able in this article to clarify for the reader some of the issues raised by it. I'd like to suggest that our overseas construction companies refer to the FIDIC contracts for major works(especially article 20 : claims, disputes and arbitration) directly or indirectly for their contract of international construction works with overseas employers.

• Journal of Construction Engineering and Project Management
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• v.5 no.1
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• pp.11-19
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• 2015

This paper presents optimized artificial neural networks (ANNs) claims prediction and decision awareness framework that guides owner organizations in their pre-bid construction project decisions to minimize claims. The framework is composed of two genetic optimization ANNs models: a Claims Impact Prediction Model (CIPM), and a Decision Awareness Model (DAM). The CIPM is composed of three separate ANNs that predict the cost and time impacts of the possible claims that may arise in a project. The models also predict the expected types of relationship between the owner and the contractor based on their behavioral and technical decisions during the bidding phase of the project. The framework is implemented using actual data from international projects in the Middle East and Egypt (projects owned by either public or private local organizations who hired international prime contractors to deliver the projects). Literature review, interviews with pertinent experts in the Middle East, and lessons learned from several international construction projects in Egypt determined the input decision variables of the CIPM. The ANNs training, which has been implemented in a spreadsheet environment, was optimized using genetic algorithm (GA). Different weights were assigned as variables to the different layers of each ANN and the total square error was used as the objective function to be minimized. Data was collected from thirty-two international construction projects in order to train and test the ANNs of the CIPM, which predicted cost overruns, schedule delays, and relationships between contracting parties. A genetic optimization backward analysis technique was then applied to develop the Decision Awareness Model (DAM). The DAM combined the three artificial neural networks of the CIPM to assist project owners in setting optimum values for their behavioral and technical decision variables. It implements an intelligent user-friendly input interface which helps project owners in visualizing the impact of their decisions on the project's total cost, original duration, and expected owner-contractor relationship. The framework presents a unique and transparent hybrid genetic algorithm-ANNs training and testing method. It has been implemented in a spreadsheet environment using MS Excel$^{(R)}$ and EVOLVERTM V.5.5. It provides projects' owners of a decision-support tool that raises their awareness regarding their pre-bid decisions for a construction project.

• International conference on construction engineering and project management
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• 2022.06a
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• pp.1240-1240
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• 2022

Construction projects are fraught with risks from cost or other overruns to accidents along with other issues. This is true whether the relevant organization is an owner, general contractor, CM, specialty-trade contractor, or other entity. When cost issues or other issues confront arise, how should an organization proceed whether attempting to gain additional compensation in terms of cost/other damages or protecting the same against such claims if they do not appear to be warranted? Enter construction cost forensics. This presentation will focus on strategies/techniques with construction cost forensics in these areas in order to be successful. Covered techniques include those to develop and analyze claims including fundamental construction cost analysis techniques. When an unexpected event disrupts a construction project, using sound analytical methods to identify the cause and quantify the extent of the issue will be important for negotiating a fair result or for obtaining a successful outcome in arbitration or litigation. Key examples of uncovering issues via construction cost forensics will be covered in this presentation.

• 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.

• Safety and Health at Work
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• v.11 no.2
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• pp.165-172
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• 2020

Background: To gain a better understanding of nonfatal injuries in Alaska, underutilized data sources such as workers' compensation claims must be analyzed. The purpose of the current study was to utilize workers' compensation claims data to estimate the risk of nonfatal, work-related injuries among occupations in Alaska, characterize injury patterns, and prioritize future research. Methods: A dataset with information on all submitted claims during 2014-2015 was provided for analysis. Claims were manually reviewed and coded. For inclusion in this study, claims had to represent incidents that resulted in a nonfatal acute traumatic injury, occurred in Alaska during 2014-2015, and were approved for compensation. Results: Construction workers had the highest number of injuries (2,220), but a rate lower than the overall rate (34 per 1,000 construction workers, compared to 40 per 1,000 workers overall). Fire fighters had the highest rate of injuries on the job, with 162 injuries per 1,000 workers, followed by law enforcement officers with 121 injuries per 1,000 workers. The most common types of injuries across all occupations were sprains/strains/tears, contusions, and lacerations. Conclusion: The successful use of Alaska workers' compensation data demonstrates that the information provided in the claims dataset is meaningful for epidemiologic research. The predominance of sprains, strains, and tears among all occupations in Alaska indicates that ergonomic interventions to prevent overexertion are needed. These findings will be used to promote and guide future injury prevention research and interventions.

• Korean Journal of Construction Engineering and Management
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• v.13 no.3
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• pp.122-130
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• 2012

Currently, TK(Turn-key) projects have been implemented, the projects on TK basis still have shown several problems rather than its own merits as a bidding method. Increasing the number of claims being occurred during construction process of the projects is reality because of unclear notice of tender documents and conditions of the contract, design review system, and decision process of the qualified bidder. To establish desirable TK projects in domestic market, not only should resonable alternatives for carrying out design review system and selecting the bid winner be set up, but also proper standards for reforming irrational system of contract, bid, and notice of tender related to TK projects. This study is intended to reduce the number of claims and implement efficient projects of apartment construction on TK basis by identifying potential problems through analysis of claim examples of TK projects which have difficulties of revising contract agreement such as drawings and suggesting improvement methods for contract conditions and notice of tender docuements.

• 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.