• Title/Summary/Keyword: Construction Dispute

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CONSTRUCTION MANAGEMENT KNOWLEDGE IN PREPARING AND RESOLVING CONSTRUCTION CLAIMS

  • Ting-ya Hsieh
    • International conference on construction engineering and project management
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    • 2005.10a
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    • pp.681-686
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    • 2005
  • This paper discusses the role of construction management (CM) profession in claims management. It reviews the attitudes, psychology and practices relevant to CM knowledge. It is the purpose of this paper to highlight CM profession's knowledge in this area as this profession's core competence in contemporary construction.

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A Suggestion of the ADR in Public Construction Disputes (공공건설사업에서의 사전분쟁해결(ADR)방법 도입방안)

  • Cho, Young-Jun
    • Proceedings of the Korea Contents Association Conference
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    • 2006.05a
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    • pp.356-359
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    • 2006
  • Dispute is construction itself. Serious difficulties ore occurred between contract parties when These disputes have occurred. Authority may fear the defective work if the requirement of contractor is fully reflected in the adjustment of contract. On the other hand the contractor may have fears that no payment or some payment of the extra work or the additional work done will be required. Therefore these problems must be resolved before these result in an enlarged riffle effect. To reduce the fear of the contract parties, ADR(Alternative Dispute Resolution) process were suggested.

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A Study of the Regulations for Calculation of Acceleration Costs on Construction Work (건설공사 공기단축으로 인한 추가비용의 산정규정에 관한 연구)

  • Min, Byeong-UK;Park, Hyung-Keun
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.37 no.2
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    • pp.409-417
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    • 2017
  • The study is concerned with doing research on the plan to prevent the dispute occurring between contract parties regarding the additional cost generated when the construction period is shortened during construction work. After the review of the claim cases and the judgment cases of the court regarding the additional cost caused by the shortened construction period, the representative problem is the incomplete regulations on calculating the additional cost. In the 1st stage of the results of the research on the problem, the procedure handling the additional cost is presented, and the process of planning and approving the shortening of the construction period is gone through in the stage of the procedure to prevent the dispute on the additional cost between contract parties. In the 2nd stage, the plan on enacting and revising the regulations on removing the incomplete problems of the current regulations relating to the calculation of the additional cost. The basis for the advanced contract management is provided by resolving the incomplete problems of the current regulations relating to the shortening of the construction period with the prevention of a dispute and the resultant loss.

A Study on the Term of Warranty Liability by the Law-suit Requesting of the Guarantee against Defects in the Apartment Building (공동주택 하자보증금 청구소송에 의한 하자담보책임기간 연구)

  • Koo, Hae-Shik
    • KIEAE Journal
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    • v.12 no.3
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    • pp.11-18
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    • 2012
  • The purpose of this study is to contribute to solution of the defect dispute in apartment house in advance. We want to propose the improved devices in defect problems by investigating the money that exacted from the practical business of the inspection company and the money that a judge gave a decision in a civil court in 50 cases of the lawsuit to requesting the guarantee against defects and the improved schemes of the applied rate by analyzing the diagnosis money of each applied years about the term of warranty liability in 40 cases of the lawsuit separately from that. As the result, we have to reflect the defect of non construction and error construction on apartment building defects, which recognizes very important factor when we compute the defect repair warranty money and it needs to be rearranged the applied ratio in guarantee peried of housing law practically.

Brief Observation on Arbitration Agreement and Arbitral Award - Focusing on Construction Disputes - (중재합의와 중재판정에 관한 소고 -건설분쟁을 중심으로-)

  • Cho Dae-Yun
    • Journal of Arbitration Studies
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    • v.14 no.1
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    • pp.273-314
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    • 2004
  • There is a belief in the construction industry that the traditional court system may not be an ideal forum to effectively and efficiently resolve construction disputes due to the protracted proceedings and the three tier appeal system resulting in a long delay in the final and conclusive settlement of the dispute, relatively high costs involved, the lack of requisite knowledge and experience in the relevant industry, etc. Hence, they assert that certain alternative dispute resolution ('ADR') methods, such as mediation, conciliation, arbitration or a new system for dispute settlement in the form of any combination thereof should be developed and employed for construction disputes so as to resolve them more promptly and efficiently to the satisfaction of all the disputants concerned. This paper discusses certain merits of such assertions and the need for additional considerations for effective resolution of the construction disputes in light of the complexity of the case, importance of expert witnesses, parties' relationship and non-level playing field of the construction industry and so on. At the same time, however, given the inherent nature of disputes rendering the parties involved in an adversarial position, it would rather be difficult, if not practically impossible, to satisfy all the parties concerned in the dispute. Accordingly, in this study, it is also purported to address the demerits of such assertions by studying the situation from a more balanced perspective, in particular, in relation to the operation of such ADRs. In fact, most of such ADRs as stipulated by special acts, such as the Construction Industry Basic Act of Korea, in the form of mediation or conciliation, have failed to get support from the industry, and as a result, such ADRs are seldom used in practice. Tn contrast, the court system has been greatly improved by implementing a new concentrated review system and establishing several tribunals designed to specialize in the review and resolution of specific types of disputes, including the construction disputes. These improvements of the court system have been warmly received by the industry. Arbitration is another forum for settlement of construction disputes, which has grown and is expected to grow as the most effective ADR with the support from the construction industry. In this regard, the Korean Commercial Arbitration Board ('KCAB') has established a set of internal rules end procedures in operation to efficiently handle construction disputes. Considering the foregoing, this paper addresses the most important elements of the arbitration, i.e., arbitration agreement and arbitral award, primarily focusing on the domestic arbitrations before the KCAB. However, since this parer is prepared for presentation at the construction disputes seminar for the public audience, it is not intended for academic purposes, nor does it delve into any specific acadcmic issues. Likewise, although this paper addresses certain controversial issues by way of introduction, it mainly purports to facilitate the understanding of the general public, including the prospective arbitrators on the KCAB roster without the relevant legal education and background, concerning the importance of the integrity of the arbitration agreement and the arbitral award. In sum, what is purported in this study is simply to note that there are still many outstanding issues with mediation, conciliation and arbitration, as a matter of system, institutional operation or otherwise, for further study and consideration so as to enhance them as effective means for settlement of construction disputes, in replacement of or in conjunction with the court proceeding. For this purpose, it is essential for all the relevant parties, including lawyers, engineers, owners, contractors and social activists aiming to protect consumers' and subcontractors' interests, to conduct joint efforts to study the complicated nature of construction works and to develop effective means for examination and handling of the disputes of a technical nature, including the accumulation of the relevant industrial data. Based on the foregoing, the parties may be in a better position to select the appropriate dispute resolution mechanism, a court proceeding or in its stead, an effective ADR, considering the relevant factors of the subject construction works or the contract structure, such as the bargaining position of the parties, their financial status, confidentiality requirements, technical or commercial complexity of the case at hand, urgency for settlements, etc.

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Benchmarking Research Based on Contract Documents for Successful ADR Implementation to Domestic Construction Industry (ADR 활성화를 위한 건설 계약서의 해외 사례 벤치마킹 연구)

  • Choi Jeong-Won;Kim Sang-Bum
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2004.11a
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    • pp.629-633
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    • 2004
  • The number of claims and disputes among project participants has been steadily increasing last a few years and it creates numerous conflicts and problems in the domestic construction industry. One of the root causes of claims and disputes can be explained by the fact that project objectives of participants are offer different and not aligned. This research is considered as a pre-study of developing a strategy to mitigate conflicts such as claims and disputes in the domestic construction industry by utilizing Alternative Dispute Resolution (ADR) techniques. This research focused on improving standard contrast documents to establish a systematic dispute resolution process which emphasize the ADR method. To do so, several well-recognized contract documents developed by FIDIC, AIA, ECC were throughly investigated and analyzed using a benchmarking process. Result of the research propose needs of improving the domestic construction document's some clauses and the details will be further Investigated through surveys and expert's opinions.

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Analysis of Problems and Improvement of Inter-layer Joints in Apartment Houses (공동주택 층간이음부의 문제점 분석 및 개선안)

  • Bang, Hong-Soon;Kim, Ok-Kyue
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2021.11a
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    • pp.200-201
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    • 2021
  • According to the dispute cases filed for claiming the collective defect repair fees, inter-layer concrete joints turned out to be the most frequently disputed item. For this reason, this study selects the inter-layer concrete joints to further analyze the primary causes and details of each dispute case. From the results of this study, three primary causes of the disputes are found, which are 1) the absence of standard specifications for construction quality control and management after construction; 2) the absence of established standards for repair when construction defects are found. In order to prevent construction defects in inter-layer concrete joints, this study provides three suggestions including 1) the current standard specifications for inter-layer concrete joints should be further specified by the Ministry of Land, Infrastructure and Transport; 2) a construction defect should be judged according to the compliance to the standard specifications; and 3) a clear and institutional protocol needs to be established for defect repair in cases that new public apartment houses have been judged to have defects.

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Deduction or Importance Analysis for Pre-dispute Factors in the Constructions (건설공사 사전분쟁요인 도출 및 중요도 분석)

  • Park, Sung-Yong;Ko, Dae-Jun;Ha, Bong-Gyun;Yang, Jin-Kook;Lee, Sang-Beom
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2008.11a
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    • pp.505-508
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    • 2008
  • It's hard to express a lot of information within the drawings and the specifications as construction projects have gradually become large-size and complex. So, disputes are caused by that and reason that the usual practice(culture) of contract of the constructions in Korea is based on unfair rather than the fair principle between clients and contractors. However, the contractors don't try to solve this kind of things because they are worried about at their disadvantage situation. Therefore, this paper deduced the factors in the pre-dispute phase by analysing the cases of the civic counseling in the office of supply and the pre-dispute factors, and conduct analysis on the factors' importance by using AHP. The results will be used for a check-list to prevent the disputes.

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An Design of Analyzing Process by Construction Extension of Time (공기연장 분쟁의 공사기간 분석 프로세스 설계에 관한 연구)

  • Kim, Beop-su;Seong, Gi-gang;Bae, In-ho;Bang, Hong-soon;Choi, Hyeong-jin;Kim, Ok-kyue
    • Korean Journal of Construction Engineering and Management
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    • v.20 no.4
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    • pp.104-113
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    • 2019
  • Construction dispute about Extension of Time are complexly intertwined with various issues. The duration delay analysis defines the impact the issue has on the duration variation. And The international court and the arbitrator use the results of the analysis as a basis for reasonable duration judging. However, most of the domestic Construction sites have not established a business process for Extension of Time litigation. Therefore, Analysis data are collected after the occurrence of the dispute, there is not enough basic data of analysis almost. This study sought to improve the management efficiency by organizing information requirement for delay analysis and suggesting a reasonable business process. As a result of applying the proposed process to actual construction duration extension disputes, about 33% of practitioners, 46% of contractors, and 48% of legal advisors were satisfied with the process application site And Matrix validation was 91% identical. This study suggests that it is possible to increase the efficiency of the construction duration analysis work used as a basis in the construction dispute. Finally, the Computer based system design for this process should continue in the future.