• Proceedings of the Korean Institute Of Construction Engineering and Management
• /
• autumn
• /
• pp.442-445
• /
• 2002

Construction delay claim occurs more often than any other claim. Delay claim impacts adversely the company's existence as well as the project's monetary problem. Because the calculation of the delay is not quantitative, owing not to have enough evidence, it is hard to solve evenly the delay claim. So, it is need to cumulate structurely the construction data or evidence during the construction. This study considers the established study about construction delay claim database and the problems and then presents the relation method between phase schedule and database. Finally, this study established the productivity claim database modeling for construction project through conceptual database modeling and logical database modeling based on information needed to make construction productivity database. So. the purpose of the study is to establish the datamodel for productivity management of construction project for calculating the delay days considering the lost productivity.

• Proceedings of the Korean Institute Of Construction Engineering and Management
• /
• autumn
• /
• pp.287-291
• /
• 2002

A construction claim is generally caused by several causes, and in the case of developed countries, the most fundamental problem in most claims is a delay claim. Also, it is predicted that the trouble will increase by this one in a domestic case as well. Even though the construction claims occurred by the delay claim are the most frequent ill construction project, it is very difficult to analyze due to the complexity of occurring forms. Therefore, the rational judgement and the solving method need to be concerned through the accurate understanding the clauses accepted in a international contract execution and a domestic contrail when the claim occurred. The purpose of this study is to present problems and improving methods by comparing FIDIC with a domestic accounting regulation in order to expand a general condition into the international contract condition.

• Proceedings of the Korean Institute of Building Construction Conference
• /
• 2002.11a
• /
• pp.111-116
• /
• 2002

The delay of the completion of the construction project occurs frequently because the origin schedule is affected by numerous factors that contribute to the overall delay in completing the project. But in our country. the dealing with a claim is not sufficient yet by reasons of fairl relation between owner and constructor, cognitive shortage in claim, and such. especially they have make a wrong application of baseless the rule. In this study. we make a rational model ; that includes calculating of dispute costs, and suggest the solution and the prevention for claim by considerating the law followed liquidated damages.

• Proceedings of the Korean Institute of Building Construction Conference
• /
• 2001.11a
• /
• pp.93-98
• /
• 2001

If the construction delays are occurred during the project execution, the contractual parties should inquire the delay causes and the contractual obligation. Due to the compensation of damages, the interested parties and the contractual parties are placed on the adverse situation. For reasonable of the claim and dispute, the contractual parties are needed the objective and systematic procedure method to analyze the delay. The purpose of this study is to propose a formal process model considering the case of construction delay-claims.

• Journal of the Korea Institute of Building Construction
• /
• v.20 no.6
• /
• pp.527-535
• /
• 2020

This study analyzed main causes of claims in EPC/Turnkey projects. For this purpose, this study referred to the FIDIC silver book, which lists the international standard contract conditions for EPC/Turnkey projects. The most frequent cause of claim was delay. A process was then proposed to determine whether the owner or contractor was the responsible party when the delay claim occurred. The proposed process was for damages for delay which is the conditions of contract for indemnities against delay claim. The process was based on conditions of the contract of two previous EPC/Turnkey projects that were constructed in 2010, the FIDIC silver book, as well as the obligations of owner and contactors. The proposed process is applicable depending on the conditions of the contract and the owner's meaning. Furthermore, by identifying the responsible party, this study will contribute in identifying the possible claim types before concluding a contract and writing the specific contract.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.76
• /
• pp.125-145
• /
• 2017

Where an insurer has unreasonably refused to pay a claim or paid it after unreasonably delay, the existing law in England does not provide a remedy for the insured. Accordingly, the insured is not entitled to damages for any loss suffered as a result of the insurer's unreasonable delay. This legal position differs from the law in Scotland and most major common law jurisdictions. LC thought that the legal position in England is anomalous and out of step with general contractual principles. LC considered that a policyholder should have a remedy where an insurer has acted unreasonably in delaying or refusing payment of claim, and, therefore, recommended a statutory implied term in every insurance that the insurer will pay sums due within a reasonable time and breach of that term should give rise to contractual remedies, including damages. More detailed recommendations of LC are as followings. First, it should be an implied term of every insurance contract that, where an insured makes a claim under the contract, the insurer must pay sums due within a reasonable time. Secondly, a reasonable time should always include a reasonable time for investigating and assessing a claim. Although a reasonable time will depend on all the relevant circumstances, for example, the following things may need to be taken into account, that is, (1) the type of insurance, (2) the size and complexity of the claim, (3) compliance with any relevant statutory rules or guidance, and (4) factors outside the insurer's control. Thirdly, if the insurer can show that it had reasonable grounds for disputing the claim(whether as to pay or not, or the amount payable), the insurer does not breach the obligation to pay within a reasonable time merely by failing to pay the claim while the dispute is continuing. In those circumstances, the conduct of the insurer in handling the dispute may be a relevant factor in deciding whether the obligation was breached and, if so, when. Fourthly, Normal contractual remedies for breach of contract should be available for breach of the implied term to pay sums due within a reasonable time. Finally, In non-consumer insurance contracts, the insurer should be permitted to exclude or limit its liability for breach of the obligation to pay sums due within a reasonable time, unless such breach was deliberate or reckless, and such an insurer's right to contract out will be subject to satisfying the transparency requirements.

• International conference on construction engineering and project management
• /
• 2015.10a
• /
• pp.599-599
• /
• 2015

This research attempts to resolve the construction delay issues of indirect delays by developing the "Delay Responsibility Determination Model" (DRM) based on probabilistic risk analysis. DRM is envisioned to provide a way of quantitatively analyzing impacts of delayed activities while considering both direct and indirect influences. With the successful development of DRM, it would be possible to present relative probabilistic measures to all the related stakeholders in terms of their contributions to schedule delays. Upon the development completion of DRM, "Korean Construction Delay Claim/Dispute Resolution Protocols" will also be prepared to facilitate the effective use of DRM.

• Korean Journal of Construction Engineering and Management
• /
• v.8 no.1 s.35
• /
• pp.150-158
• /
• 2007

The delay of construction is one of the most frequent and complicated elements of the claim. And the liquidated damages cause many disputes during the judgement. The liquidated damages should be a compensation for owner's substantial loss, but actually be applied as a damage for breach of contract. These damages are different from owner's loss and give constructors a excessive burden. So we need a more reasonable system than a lump application system. In this study, we make a Improvement System, that based on owner's substantial loss, and suggest the new liquidated damages calculation method.

• Korean Journal of Construction Engineering and Management
• /
• v.17 no.5
• /
• pp.35-44
• /
• 2016

Various risk factors are known to be the nature of construction project execution process. These factors lead to potential claims, dispute mediation, arbitration, and litigation which can result in huge loss of money and time. Therefore, it is necessary for construction companies in Korea to improve overall project management capability through the evaluation before entering into the overseas construction market. Also, after examination of the claim and dispute caused by construction project risks, a substantial degree of influence and active preparation for the claim and dispute management should be confirmed via the effect analysis of the each factors. Main claim causes were derived through claim and dispute cases involved with domestic construction projects. As a prediction result of the main claim, 16.1% of the construction change claim, 5.7% of the bad faith claim and 2.7% for the construction delay claim were found to be the portion of the total construction cost. As a result of this analysis, risk management methodology was suggested to improve a project management capability for domestic construction companies through analysis result of the main factors of construction claims.

• Journal of Construction Engineering and Project Management
• /
• v.7 no.3
• /
• pp.1-14
• /
• 2017

Delay claim should actually be supported by a set of proper information so that the contractors could prove their validity. The so-called information should be able to clarify the relationship between delay events and how they impact on the whole project. Therefore, exploiting an integrated system by people who are involved in construction business would certainly prove helpful. In the present study, delay analysis methods have been investigated along with selecting a relatively comprehensive method which has been modified, and eventually, a novel model and its required modules have been proposed for evaluating delay claims. The suggested integrated model is formed to identify delayed events, to classify delays, to measure the impacts of delays on the project scheduling, and finally to estimate the damages which were caused by those so-called delays. A decision support system (DSS) model which is related to the integrated system is actually extracted from Iran's general contract conditions, that is, 4311 magazine (equivalent to red FIDIC book). It is then programmed and coded by C# program. This DSS model can be used as an input of Easy Plan program. In addition, at the end of this research, the coded DSS has been used along with the so-called program so that a modified and developed model could be generated.