• Journal of Construction Engineering and Project Management
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• v.4 no.4
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• pp.41-46
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• 2014

Indian Construction industry is large, volatile, and requires tremendous capital outlays. Typically, the work offers low rates of return in relation to the amount of risk involved. A unique element of risk in the industry is the manner in which disputes and claims are woven through the fibre of the construction process. Delay is generally acknowledged as the most common, costly, complex and risky problem encountered in construction projects. Because of the overriding importance of time for both the Owner and the Contractor, it is the source of frequent disputes and claims leading to lawsuits. The growing rate of delays is adversely affecting the timely delivery of construction projects. Presently construction industries are facing a lot of problems, considering that a paper assess construction stakeholder's perception to the causes of delays and its effects on project delivery. And also one case study is considered in this paper to elicit responses from construction stakeholders. The primary aim of this paper is to identify the perceptions of the different parties regarding causes of delays, the allocation of responsibilities and the types of delays, and method of minimizing the construction delays.

• 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.

• 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.

• Journal of Construction Engineering and Project Management
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• v.6 no.4
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• pp.24-34
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• 2016

Disputes seem to be synonymous with large-scale construction projects in Ethiopia. The purpose of this study is to determine the factors responsible for impacting the performance of Ethiopian public construction projects. To this end, 35 success and failure attributes responsible for impacting the performance of the projects were identified and presented to Ethiopian construction professionals in the form of a structured questionnaire, and responses were collected. The factor analysis conducted on the success and failure attributes influencing no-dispute performance separately resulted in six success factors and five failure factors. Further analysis using stepwise multiple regression indicates that owner competence and interaction among project participants have a positive impact on no-dispute performance. However, conflict among project participants has a negative impact on the no-dispute performance of Ethiopian public construction projects. Although Ethiopia-specific, the results reflect construction management problems common to both developed and developing countries. The findings are expected to help researchers and practitioners gain a better understanding of critical success and failure factors and to help them take proactive measures to avoid disputes in public construction projects.

• International conference on construction engineering and project management
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• 2011.02a
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• pp.340-349
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• 2011

During the negotiation and resolution of delay and disruption disputes on construction projects, the use and misappropriation of float, and the question of float ownership, are considered to be a major concern to those involved. Most practitioners and authors are of the opinion that it is an issue that should be clearly defined and addressed within the provisions of the contract. However, the terms "float" or "ownership of float" are rarely mentioned (if at all) in most of the standard forms of Australian construction contracts, giving little guidance to those involved as to how this issue should be addressed. In October 2002 the United Kingdoms Society of Construction Law (SCL) published a Delay and Disruption Protocol (the Protocol) that contains a suggested approach to the issue. The aim of this research was to obtain an Australian opinion of the suitability of the SCL's Delay and Disruption Protocols suggested approach to the issue of float and ownership of float for use by the Australian construction industry. Qualitative interviews were carried out with Australian construction industry experts experienced in the administration, negotiation, and resolution of delay and disruption disputes to obtain their opinions of the suitability of the SCL's proposed approach. Results indicate general confusion and uncertainty as to how the issue of float and float ownership should be addressed in general, with the SCL's approach adding further to that confusion.

• Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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• 2001.11a
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• pp.108-113
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• 2001

Recently people have come to demand more pleasant environments as the quality and right of life have been improved. Along with industrial development, the tendency is causing a growing number of disputes concerning environmental damages. Of many kinds of environmental damages, noise and vibration pollution rising at construction fields are particularly the most common subjects of public grievance. Thus the government launched the Environmental Dispute Mediation Committee in 1991, purposing to utilize fully the promptness and expertise of administrative institutes and to resolve environmental damage disputes promptly and fairly by interfering in them actively. With the prompt and fair dispute mediations of the committee, people came to be able to get fair and prompt remedies for damages in their health and fortune by environmental pollution. Therefore, by analyzing dispute mediation cases on construction noise and vibration damages, we will suggest basic material on which efficient actions can be taken for public grievances happening in the future.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2015.05a
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• pp.123-124
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• 2015

The project participants make use of floats for their benefits. The owner may consume floats in an event of issuing change order(s) and may avoid the risk factors attributed by them; the contractor may reduce activities' costs by substituting the activity with alternative construction method and by leveling the resources, hence consuming floats. There are a lot of disputes and claims involved in the float ownership issue. The ownership of floats should be stipulated in the contract stage. To alleviate these disputes and claims, it is commendable to develop a computational method that quantifies the float value. This paper presents the method that computes the values of total floats which changes over the project life span. The system calculates CPM, compute the ratio of area of banana curve which is enclosed by earliest start curve and latest start-curve.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2022.04a
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• pp.218-219
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• 2022

Among the Barrier Free (BF) certification evaluation items for public facilities, at which position the standard for the effective height of the stair railing handle should be calculated is not clearly determined. Because of this, not only the evaluation standards of the certification authority and the evaluation committee are different, but disputes are occurring between the ordering organization, the design company, and the construction company. Therefore, the stair railing installation standard laws for public facilities were analyzed and through a case study of institutions that obtained the BF certification, problems were analyzed. The results of problem analysis reveal the following. 1) The standards of the Ministry of Health and Welfare and the Ministry of Land, Infrastructure, and Transport were different. 2) The effective height calculation standard was ambiguous, and disputes occurred frequently. To solve this problem, we proposed improvement plans for calculating the height of the stair railing that can comply with laws while ensuring safety.

• International conference on construction engineering and project management
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• 2007.03a
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• pp.160-168
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• 2007

Conflicts of interest and independent agenda of the parties brought together for implementation of a construction project often leads to dispute in Contract and claim situations. Construction Industry is notorious for claim that is managed on its arising and there lacks an endeavor to minimize the breeding grounds through efficient planning and alignment to purpose, of all contract-documents. There failure of a concerted effort entails wastage of resources, delayed completion of facilities and stained relationships of parties when collide in mistrust in contract to win over the other. There needs a focus on the claim breeding issue and establish an effective mechanism to deal with disputes in urgency. Claim occurs mostly during the construction phase. But the seeds of claim and nutrients essential for development are contained in the contract documentation and the information supplied or not in pre-contract phase. Opportunity to prevent nutrients for seed of Claim comes to an end once tender-documents are finalized, the contract is awarded and established or not a mechanism for dealing with claim situation. The processes presented here would help in minimizing the breeding grounds and emergence of disputes during progression of works and dealing with eventualities in forceful manners for finding a resolution most effectively in relevant time.

• Journal of Arbitration Studies
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• v.12 no.2
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• pp.185-220
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• 2003

Korean Government is increasingly focusing on the Northeast Asia Business and Logistics Hub strategy to create a competitive advantage. A key element of this strategy is creating or leveraging distribution and logistics hubs that act as centres for distribution in Northeast Asia. A Northeast Asian e-Hub Policy is required for business hub and logistics hub in the Northeastern Asia. An e-Hub is an integrated, sophisticated set of e-Biz, information and e-trade facilities and services that provides access to a marketplace and exchangee the e-trade data. To study the e-Hub policy, Pan Asian e-Commerce Alliance, Korea-Japan e-Trade Hub project, and ASEM e-Trade project are considered. E-trade via cyberspace may need new methods of dispute resolution to reduce transaction costs for small value-related disputes and to erect structures that work well across national boundaries. Voluntary Mediation Councils and cyber tribunals should be encouraged by governmental sectors to continue developing private sector mechanisms to resolve e-trade disputes. Government-sponsored online cross-border dispute resolution systems may be also be useful to complement these private sector approaches. E-trade in Northeast Asia results in disputes owing to the incompleteness of e-trade law in the countries. These disputes contain disputes regarding e-trade model, central title registry, authentication body. To resolve these disputes in the Northeast Asia, a variety of electronic alternative dispute resolution bodies must be organized under cooperation of Korea, Japan, China. This study deals with the e-ADR construction in the Northeast Asia to resolve the disputes in the e-trade and to activate the e-trade in the Northeast Asia.