• Title/Summary/Keyword: Construction Disputes

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Commercial Arbitration and Dispute Management in Construction Project (건설공사의 분쟁관리와 상사중재)

  • 이태식;이동욱;김영현
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.489-517
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    • 2004
  • The resolution of the 1993 Uruguay Round and the opening of Korea's construction market in '97 marked the beginning of the globalization of Korea's domestic construction market. Consequently, the process led to changes in contracting procedures, as well as disputes in construction management. With globalization came a rapid realization of reasonable values, which forced the hierarchical vertical relationship between the owners, constructors, and subcontractors into a more equal, horizontal relationship. Once the hierarchical relationship was altered, the late 1990's witnessed a dramatic increase in managerial disagreements, in addition to escalating legal disputes and expenditures. The horizontal relationship was a new concept and brought forth many complexities. Unfortunately, because all of this was new, management of construction disputes was elementary at best. Anticipation of disputes is the key to effective dispute management. This includes thorough reviews of contract documents, document management, construction records, and checklists. Also necessary is the education of owners and contractors with pertinent knowledge concerning dispute management. The following paper focuses on the importance of observing construction disputes in order to facilitate management thereof.

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A Study on Applicability of ODR in the Disputes of Overseas Construction Projects (해외건설공사 분쟁에서 ODR의 적용가능성에 관한 연구)

  • Choi, Myung Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.59
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    • pp.27-57
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    • 2013
  • Traditionally construction has been an industry that favoured ADR over formal litigation due to the complexity of technical issues. However, over the past decade construction arbitration has come under increasing attack for its rising costs and growing delays, and expansion of arbitration processes to the point that those processes are approaching the more complex and formal processes followed to resolve disputes litigation. As a result, parties are looking for new methods of resolving their disputes in a more efficient and economical manner, such as ODR. A review of the history of ODR and the practical applications of ODR in use today lead to the conclusion that the concept of ODR for construction dispute resolution appears to be possible and realistic. The advantages seem to outweigh the disadvantages, especially given the solutions suggested to overcome many of the disadvantages. While ODR may not be a realistic venue for large complex construction cases, it may be just the ideal venue for smaller and simple construction disputes. In conclusion, given the advantages that ODR arbitration does offer, the most realistic use of ODR in the short term would involve disputes consisting of a simple, one-dimensional dispute within which the parties can stipulate to the facts in the case. In such simple disputes ODR may be not only an appropriate vehicle within which the dispute can be resolved; it might be more easily accepted by the parties as the preferred platform for resolution. Hopefully, international institutions of arbitration will be successful in their development of a international standards and platform fir disputes that can be adapted for use in construction and will serve as the first step in developing ways to handle small construction claims, thereby allowing parties to resolve their disputes in a faster and more economical manner.

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Association Rules Analysis Between the Types and Causes of Disputes in Construction Projects (연관규칙 분석을 통한 건설공사 분쟁유형과 분쟁원인의 연관성 분석에 관한 연구)

  • Jang, Se Rim;Kim, Han Soo
    • Korean Journal of Construction Engineering and Management
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    • v.23 no.5
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    • pp.3-14
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    • 2022
  • Construction projects have high potentials of claims among a variety of stakeholders. Claims on their own are not disputes but they have high potentials leading to disputes if agreements are not made between parties due to conflicting opinions. In the event of the construction disputes between clients and contractors, it could give negative impacts to both parties and, to minimize or pro-actively manage construction disputes, the role of clients is more significant. The objective of the study is to analyze a level of associations between the types of disputes and causes of construction projects based on the association rule analysis, and to identify and discuss key characteristics and implications from client's perspectives. The study analyzes associations between the types of disputes and causes, and also identifies those with a high level of associations. It also presents the outcomes of more systematic analysis compared to descriptive statistics just based on frequencies. Through the analysis of the data cases, the study proposes the directions to resolve the causes of disputes from client's perspectives. It can assist to improve understandings of the relationships between the types of disputes and causes and to pro-actively manage the disputes of construction projects.

Systematic Literature Review for the Application of Artificial Intelligence to the Management of Construction Claims and Disputes

  • Seo, Wonkyoung;Kang, Youngcheol
    • International conference on construction engineering and project management
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    • 2022.06a
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    • pp.57-66
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    • 2022
  • Claims and disputes are major causes of cost and schedule overruns in the construction business. In order to manage claims and disputes effectively, it is necessary to analyze various types of contract documents punctually and accurately. Since volume of such documents is so vast, analyzing them in a timely manner is practically very challenging. Recently developed approaches such as artificial intelligence (AI), machine learning algorithms, and natural language processing (NLP) have been applied to various topics in the field of construction contract and claim management. Based on the systematic literature review, this paper analyzed the goals, methodologies, and application results of such approaches. AI methods applied to construction contract management are classified into several categories. This study identified possibilities and limitations of the application of such approaches. This study contributes to providing the directions for how such approaches should be applied to contract management for future studies, which will eventually lead to more effective management of claims and disputes.

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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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Disputes in Managing Projects: A Case Study of Construction Industry in Vietnam

  • VO, Khoa Dang;NGUYEN, Phong Thanh;NGUYEN, Quyen Le Hoang Thuy To
    • The Journal of Asian Finance, Economics and Business
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    • v.7 no.8
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    • pp.635-644
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    • 2020
  • The construction industry in developing countries like Vietnam, which incorporates small and medium construction enterprises, is typically more prone to disputes and contract dispute-related lawsuits. A dispute may occur at any time in the life cycle of the project. It is sometimes solved with the intermediation of a lawyer or directly by stakeholders. Understanding the causes of disputes in a construction project not only improves the efficiency of a company but also increases the success of projects. This study was carried out using a questionnaire survey at construction projects in Ho Chi Minh City. Sample data with 117 observations were analyzed to find the disputing factors in construction projects: diversity of working style among the parties; reluctance to work; and poor teamwork. Correlation coefficient on a rank of factors between design consultant and contractor; Design consultant and project owners are positively correlated. The Exploratory Factor Analysis (EFA) analysis identified six groups of factors in construction disputes: cooperation, technology, economics, productivity, information, and behavior. The findings are useful for enterprise practice and provide participants with an overview of sources of dispute. Thus, a more complete risk management plan can be formulated, which will accelerate project progress and improve the likelihood of success.

A Study on the Development of Construction Dispute Predictive Analytics Model - Based on Decision Tree - (PA기법을 활용한 건설분쟁 예측모델 개발에 관한 연구 - 의사결정나무를 중심으로 -)

  • Jang, Se Rim;Kim, Han Soo
    • Korean Journal of Construction Engineering and Management
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    • v.22 no.6
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    • pp.76-86
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    • 2021
  • Construction projects have high potentials of claims and disputes due to inherent risks where a variety of stakeholders are involved. Since disputes could cause losses in terms of cost and time, it is a critical issue for contractors to forecast and pro-actively manage disputes in advance in order to secure project efficiency and higher profits. The objective of the study is to develop a decision tree-based predictive analytics model for forecasting dispute types and their probabilities according to construction project conditions. It can be a useful tool to forecast potential disputes and thus provide opportunities for proactive management.

Effective Handling of Construction Disputes for Strengthening the International Competitiveness of the Construction Industry (건설산업 국제경쟁력강화를 위한 건설분쟁처리절차 개선방안)

  • Cho, Youngjun
    • Korean Journal of Construction Engineering and Management
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    • v.21 no.4
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    • pp.3-11
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    • 2020
  • Problems related to construction contracts arise if they are not reflected in the design phase from the planning phase of the construction project, or if they are not properly dealt with despite various changes in the construction phase. So far, there have been a number of discussions in Korea regarding the improvement of the procedures for resolving construction disputes, and the problems related to the procedures for solving construction disputes have been raised steadily, but the problems related to the procedures for solving construction disputes are still unresolved. Therefore, in this study, the followings were proposed to strengthen the international competitiveness of the construction industry. First, the so-called Construction Dispute Mediation Act should be enacted to prepare the basis for the establishment of a tentatively named Construction Dispute Mediation and Arbitration Agency(CDMA). Second, the work of the CDMA should be limited to the work of supporting the DRB, mediation and Arbitration the private and public sectors. Third, it is required to choose between adjustment and arbitration when obtaining a contract and to operate the DRB during construction phase. Fourth, CDMA should be established as standing bodies, and branches should be operated in various parts of the country. Fifth, construction experts from various areas should be included as members so that disputes over construction contracts can be dealt with quickly. And finally, relevant laws that specify the procedures for dealing with construction disputes should be amended together.

A Study of the Introduction and Application of Partnering to the Alternative Dispute Resolution(ADR) (재판 외 분쟁해결제도로서의 파트너링 도입에 관한 연구)

  • Lee Tai Sik;Jeong Hyun Jin
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.329-332
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    • 2001
  • Alternative dispute resolution(ADR) techniques, like negotiation, arbitration, meditation, have been used to resolve dispute in Korea construction industry with litigation. Nowadays, in construction, there are growing numbers of disputing cases, because of the different viewpoint of the owner and the constructor, great demand of opening market, and bad construction business situation. As the name implies, ADR plays an important roles after disputes have already arisen. This paper suggests the one of the solutions that prevents disputes befor they have been occurred. There are some proves that the partnering has a substantial effect on reducing disputes and time reduction and improving communication among the parties. This paper proposes the partnering model for the one of preventive methods to solve disputes.

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Analysis of Causes of Conflict in Construction Projects (건설공사에서의 갈등원인 연구)

  • Oh, Guk-Yeol;Lee, Young-Dai;Kim, Chang-Soo
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2007.11a
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    • pp.473-478
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    • 2007
  • The construction industry is huge-there are lots of project organizations and many different people who work on them. Conflict will occur in any long - term relationship and it happens in personal, professional, family, and social relationships. Disputes between parties to construction projects are of great concern to the industry. The study of construction industry disputes, and the causes of those disputes, is essential. The purpose of this study is to identify the root causes of conflicts in construction industry. A questionnaire field survey was conducted to investigate the root causes of construction conflicts. The professionals working for owner, contractor and consultants were targeted for the collection of data. Descriptive analysis such as mean score and standard deviation as well as factor analysis was employed to find underlying factors related to conflicts in construction field. Student's t-test and ANOVA test tools were used to compare the perceptions of various categories of population and project. Factor analysis was used to group the numbers of conflict causes. This study reveals four root causes of construction conflict. They are: (i) weak project leadership (ii) weak contractor selection (iii) weak project management, and (iv) project participants' attitude.

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