• Journal of the Korea Institute of Building Construction
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• v.24 no.2
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• pp.249-260
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• 2024

In recent years, the proportion of medium and small-sized apartments within the housing market has seen a noticeable increase, alongside a corresponding rise in disputes related to construction defects. Such disputes are most prevalent in the finishing works phase of construction, which not only are frequent in occurrence but also impose significant repair costs. Furthermore, there is a noticeable scarcity of research focused on the quality management of finishing work defects prior to the completion of construction. Addressing this issue necessitates a methodology capable of preemptively identifying defects by analyzing their frequency and associated costs across various defect types. Consequently, the aim of this study is to propose a risk assessment methodology by conducting an analysis of defect cases across 3,299 apartment units, considering aspects such as frequency and severity. The outcomes of this research endeavor are expected to offer practical management strategies to enhance the quality of apartment finishing works and serve as an academic foundation for the enhancement of construction management systems pertaining to apartment finishing works.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2018.05a
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• pp.298-299
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• 2018

The construction liability type CM has been introduced in the form of a pilot project through public institutions since 2017 since it was introduced in the term of construction responsibility type construction project management in the Basic Law of Construction Industry in 2011 with the aim of improving the constitution of the Korean construction industry and strengthening global competitiveness. Through the introduction of construction-responsible CM, the government intends to change the paradigm of the overall construction industry, including design and construction, construction costs, disputes between stakeholders, and transparency of business. In this regard, the study aims to compare and analyze the evaluation methods on the bidding guide that public institutions (LH) are currently using to select companies in order to lay the foundations for successful construction of construction-responsible CM ordering methods.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2023.05a
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• pp.161-162
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• 2023

The construction inspection is conducted by the contractor or construction supervisor after a certain stage of work has been completed. As the consturction inspection task is dependant on construction schedule, however, it is difficult to plan inspection task systematically, resulting in increased supervision costs, delays in construction, and disputes. Therefore, this study aims to integrate inspection work with schedule management to systematize inspection procedures. Firstly, the inspection work is defined based on the construction supervision checklist. Then its relationship with the construction process, required time, and resources for inspection tasks are defined in construction schedule. Lastly, a process management program is used to assess the effects of applying the inspection work and examine changes in the overall construction period and process management. The proposed method in this study can support to plan construction inspection more systematically and to improve the effectiveness of construction quality management.

• Korean Journal of Construction Engineering and Management
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• v.22 no.3
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• pp.79-90
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• 2021

In domestic public construction, disputes are increasing due to differences among stakeholders regarding contract price adjustment. In particular, the actual cost-plus fee for overhead costs due to the schedule extension cannot be agreed upon at the administrative phase, and most of them seek judicial judgment. Thus, this study aims to propose a 'sufficiently satisfactory' alternative to reach an agreement before disputes in order to minimize disputes related to the calculation of additional overhead costs. To this end, this study proposes three alternatives based on the rate method. Firstly, when calculating additional overhead costs, it is not calculated as an actual cost-plus-fee method, but as a rate compared to direct labor costs among net direct costs. Secondly, the calculated indirect labor costs are compensated for up to the legal maximum of legal limit costs such as general management costs, profits and so on. Thirdly, it reflects overhead costs increased or decreased due to change orders. Risks were analyzed by collecting expert opinions on the proposed methods and applying actual cases. Finally, as a result of investigating the level of consensus for each stakeholder, it was confirmed that all stakeholders could agree regardless of the size of the company. The result of this study is expected to as a useful tool among stakeholders in the construction fields that can be able to easily agreed upon.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2019.05a
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• pp.74-75
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• 2019

There are certain types of construction that produces many defects during the construction of apartment buildings. It may be due to construction errors in the type itself, but more often, it is due to defects derived from other types of construction. Thus, to reduce such secondary defects and prevent fundamental defects in particular types of construction, academic research on the types of construction causing secondary defects should be actively conducted. In addition, as claimed in this study, the industries should work harder to improve the quality of the type of construction that causes secondary defects, rather than just trying to improve the ostensible problems. If the efforts of each sector are backed up, the disputes over defect repair in apartment building construction will reduce in general, which in turn will lead to a reduction in national loss within the construction industry.

• International conference on construction engineering and project management
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• 2009.05a
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• pp.692-699
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• 2009

In China, the Reform-Open policy was executed in 1978. During the following 30 years, the economic regime in China had been changed to a socialist market economy from a socialist planned economy, and the construction industry in China has been achieved high economic growth. However, as the construction project increasing, a lot of problems which affect the construction expense payment occur. And it is a fact that the construction expense payment disputes have become a serious problem now. Therefore, it is necessary to discuss the problem of Chinese construction expense payment. In this paper, we would like to clarify the difference of the legislation of construction expense payment between China and Taiwan Region.

• International conference on construction engineering and project management
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• 2011.02a
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• pp.357-363
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• 2011

Mediation has long been praised as one of effective dispute resolution methods in the area of construction law. Article 85-1 of the Taiwan Government Procurement Act was amended and promulgated by presidential decree on July 4, 2007. The second paragraph of the Article elaborates explicitly, "In the event that the application for mediation referred to in the preceding paragraph is made by the supplier, the agency may not object to such application." Beyond that, if an unsuccessful mediation of a construction dispute is due to the agency's disagreeing with the proposal or resolution for mediation proposed by the Complaint Review Board for Government Procurement ("CRBGP"), the agency may not object to the arbitration filed by the supplier. It undoubtedly reinforces the importance of the mediation-arbitration procedure. Accordingly, this paper elaborates on the mediation mechanism in Taiwan in the framework of construction disputes first. After that, dispute resolution of a local public work case is provided to demonstrate the practice of construction mediation in Taiwan. Lastly, this study proposes suggestions on applying mediation to ease similar subsequent cases.

• Journal of Arbitration Studies
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• v.12 no.1
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• pp.271-321
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• 2002

Every year, many million of business transactions take place. Ocassionally, disagreements develop over these business transactions. Many of these disputes are resolved by mediation, arbitration and out-of-court settlement options. The American Arbitration Association(AAA) helps resolve a wide range of disputes through mediation, arbitration, elections and other out-of-court settlement procedures. The AAA offers a broad range of dispute resolution services to business executives, attorneys, individuals, trade associations, unions, management, consumers, families, communities, and all level of governments. The 198,491 cases composed of the 194,303 arbitration cases and the 4,188 mediation cases, were filed with the AAA in 2000. These case filings represent a full range of matters, including commercial finance, construction, labor and employment, environmental, health care, insurance, real state, securities, and technology disputes. The Korean Commercial Arbitration Board (KCAB) does more than render arbitration services. It helps facilitate settlements and guarantee implementation thereof between trading partners at home and abroad involving disputes related to such areas as the sale of commodities, construction, joint venture agreements, technical assistance, agency agreements, and maritime transport. The 643 cases composed of the the 197 arbitration cases and the 446 mediation cases, were filed with the KCAB in 2001. There are some differences between the AAA and the KCAB regarding the number and the area of mediation and arbitration case filings, the breath of service offerings, the scope of alternative dispute resolution, and the education and training. In order to apply to the proceedings of the commercial mediation and arbitration, the AAA has the Commercial Mediation Rules, the Commercial Arbitration Rules, the Expedited Procedures, the Optional Procedures for Large, Complex Commerical Dispute, and the Optional Rules for Emergency Measures of Protection as amended and effective on September 1, 2000. In order to apply to the proceedings of commercial arbitration, the KCAB has the Arbitration Rules as amended by the Supreme Court on April 27, 2000, which have been changed to incorporate the revisions of the Arbitration Act that went into effect on December 31, 1999. There are some differences between the AAA's commercial Arbitration Rules and the KCAB's Arbitration Rules regarding the clauses of jurisdiction and administrative conference, number of arbitrators, communication with arbitrator, vacancies, preliminary hearing, exchange of information, oaths, evidence by affidavit and posthearing filing of documents or others, interim measures, serving of notice, form of award, scope of award, delivery of award to parties, modification of award, release of liability, administrative fees, neutral arbitrator's compensation, and expedited procedures. In conclusion, for the vitalization of KCAB and its ADR system, the following measures should be taken : the effective case management, the development of on0-line ADR, the establishment of ADR system of electronic commerce disputes, and the variety of dispute resolution rules in each expert field.

• International conference on construction engineering and project management
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• 2015.10a
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• pp.710-711
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• 2015

A nuclear power plant construction is a complex form of construction which comprises various stakeholders and contractors. Therefore, contract disputes will occur due to conflicting interests of contracting parties and unpredictable factors which arise during construction work. Even if the contract is well prepared, it cannot fully prepare for future situations in actuality. Claims management is very important in carrying out construction management. This study intends to define claim, and delve into development of claims management processes from the viewpoint of owners and contractor through consideration on international contract terms on claims management and the details of the claims management of the Construction Extension to the PMBOK. In addition, it is needed to accumulate and manage data on claims that have occurred so that they can be referenced in the future. As information should be accumulated so that type classification can be carried out and that lessons can be learned on claims that have occurred in each business site, study on establishing data-based systems relating to claims processes will be needed in the future.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.254-257
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• 2003

It is common to experience delays during construction projects. Delays can ca use substantial damages to an owner as well as contractors and is the sources of frequent disputes and claims. Many studies have been carried out to assess the causes of delays in construction projects. They are found to be almost similar, except some prevailed local condition. Most of the common construction delay factors are attributed to design faults, incompetent contractor, lack of team accountability etc. To minimize or eliminate the delay we have to follow the recognized fundamental principles of management such as: cost-time relationship, time priority, accountability, rewards, innovative thinking etc. The root causes of delays found out in this paper are not so much different than other previous study. If the implementing agencies properly followed the, fundamental management principles and some other related corrections as recommended in the paper, much construction delays can be avoided.