• International conference on construction engineering and project management
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• 2009.05a
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• pp.1446-1452
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• 2009

This study is designed to examine the current status of the performance warranty systems for asphalt pavements implemented in Europe, USA, and Japan, and to review the feasibility and possibility of introducing this system into the Korean environment. For such objectives, the concept and necessity of performance warranty and the status of Korean contracting systems and overseas performance warranty systems were evaluated. In particular, the bidding systems, performance guarantee systems, and maintenance work inclusion status in the projects and warranty specifications of Europe, USA and Japan were comparatively evaluated. And methods of introducing the performance warranty system by utilizing defects liability system and design-build contracts of Korea were suggested.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2007.11a
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• pp.987-990
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• 2007

Warranty contracting is contracting methods that European Countries have applied to asphalt pavement projects from long ago, and in America as the expected effects of the warranty contracting are being verified to introduce it, the number of projects with warranty is being increased rapidly. In Japan, the warranty contracting suitable for Japanese style was established and is being applied. This study investigated and analyzed the present state of the warranty contracting being applied to European countries, America and Japan, and suggested advantages and disadvantages in introducing the warranty contracting into Korea and directions to introduce it. The principal result of this study is that performance bond contract system, performance surety bond system and performance bidding system should be established to introduce the warranty contracting into Korea.

• Korean Journal of Construction Engineering and Management
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• v.9 no.4
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• pp.66-74
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• 2008

Warranty contracting for pavements construction has been widely used in Europeans countries, Japan, and the U.S. and the benefits of warranty contract has been proven. This research investigated the European, U.S., and Japanese warranty contract policies and compared pros and cons. The most appropriate warranty contract policy solution is developed to fit in the Korean construction industry culture. Three main conclusions have been developed in this study: (1) performance specifications should be developed; (2) the systematic method is required to estimate the appropriate costs of performance bond and warranty period, etc.; and (3) short and long term plans for adopting performance warranty contract in Korea are suggested.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2008.11a
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• pp.216-221
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• 2008

This study has been carried out in order to observe the status of performance warranty contracting system currently being implemented at the advanced countries including Europe, U.S.A., and Japan, review the introduction feasibility and possibility. For this purposes this study has surveyed the concept and necessity of performance warranty contracting system as well as the status of domestic performance warranty contracting system. Especially the application environment for the performance warranty contracting system of Europe, U.S.A., Japan and Korea in terms of maintenance guarantee liability system, performance warranty regulations for design-build contracting system, selection method of successful bidder, performance warranty means, project contracting system including maintenance cost, and specifications and contract conditions for performance warranty system have been comparatively evaluated. And introduction methods of performance warranty contracting system were suggested.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.30 no.3D
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• pp.279-288
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• 2010

Recently, researches on the performance warranty contracting has been going on to improve construction quality in road pavement area. The performance warranty contracting gives construction companies opportunity to select materials and methods freely while asks them to maintain a certain level of performance during a given period. To introduce the performance warranty contracting in Korea, lots of research results on performance indicator and threshold value of asphalt pavement have been made to be included in the warranty specification. However, research effort on the performance indicator and threshold value of concrete pavement which is commonly constructed in expressway and national highway has not been enough. In this study, the warranty duration, performance indicator, and threshold value of the concrete pavement were investigated by reviewing literatures on cases of the performance warranty contracting in European countries and states of the US. Major distresses influencing the performance of jointed concrete pavement were investigated and analyzed to be compared to the warranty duration, performance indicator, and threshold value of foreign countries.

• International Journal of Highway Engineering
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• v.13 no.3
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• pp.65-73
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• 2011

Recently, researches to introduce the performance warranty contract are in progress for quality improvement of road pavements. The performance warranty contract is a type of contract in which contractors guarantee to maintain certain level of performance during a period from completion of construction. The contract use in Europe and the U.S is being increased because it has been known to contribute to improvement of structure quality, reduction of life cycle cost, development of construction techniques, and etc. The research on performance indicators, threshold values, and warranty durations is essential to effectively introduce the contract in Korea. In this study, literatures on the performance warranty contract for concrete pavements of the Minnesota, Indiana, and Florida of the U.S. were reviewed. Major distresses influencing the pavement performance were investigated and analyzed in the jointed concrete pavement sections of 21 Korean expressway routes to be compared to the performance indicators, threshold values, and warranty durations of the states. More accurate comparison is expected by investigation in planned sections for a long time.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.31 no.6D
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• pp.793-801
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• 2011

Existing specifications of road pavement require contractors to meet only materials and construction conditions regardless of pavement life. There are limitation of developing road pavement technology and possibility causing dispute between ordering organization and contractor with this type of specification. Research efforts to introduce performance warranty contracting are in progress in the field of road pavement to improve the problems. The performance warranty contracting gives the contractors opportunity to select materials and construction methods as they like. But they should satisfy a certain level of performance during a given period. The performance indicator and threshold value of pavement which are main elements of the warranty specification should be defined first to introduce the performance warranty contracting successfully. In this study, the performance indicator, threshold value, and warranty duration of asphalt pavement were investigated by reviewing literatures on performance warranty contracting of some states of the US. Major distresses influencing the performance of the asphalt pavement were investigated at 24 national expressway lines and national highway lines in 16 regions, and the data were analyzed to be compared to the cases of the US. Development of rational performance warranty specification for domestic asphalt pavement is expected based on the research results.

• Journal of the Korea Institute of Building Construction
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• v.18 no.2
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• pp.195-202
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• 2018

The defects that are bound to arise in most construction projects cause disputes among the contracting parties regarding the defect warranty liability (DWL)guaranteed by the retention of the contractor's performance security at the end of the performance period of the contract. Most current projects involve a multiple-tier contractual relationship, causing the liability for some defects to overlap. In addition, many construction projects are made up of multiple detailed work types which an expert hired by the owner inspects the part completed by the contractor and pays an interim payment. However, after the completion of work, the contractor will still hold the defect warranty liability. In a scenario in which the work is delayed due to reasons for which the owner is responsible, the defect warranty liability period is also increased, imposing an additional burden on the contractor. In this study, basic research was carried out with the goal of reducing problems related to defect warranty liability Problems related to defect warranty liability cases and the nature of the defect warranty liability period were investigated. Possible solutions to the problems caused by the DWL that were suggested include the separation of the negligence liability period and the strict liability period, as well as the introduction of a retention money system.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2007.11a
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• pp.446-449
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• 2007

For the restoration of construction industry, the government have offered the policy since the end of 1990. It has offered to develop the world-class technology and establish the effective production structure. In the government policy, the delivery and contracting method has improved so that construction industry could be recognized. Foreign countries have conducted the R&D and application of Innovative Contracting for improvement of facilities, reduction of LCC and innovation of contractor. Among the Innovative Contracting, 'Performance Warranty Contracting' is defined that A guarantee of the integrity of a product and of the makers responsibility for the replacement or repair of deficiencies. Performance Warranty Contracting is used for technology developments of contractor, improvement of quality, reduction of LCC, prevention of early deficiencies and reduction of owner's inspection works. This paper analyzes concept and effects of Performance Warranty Contracting and presents considerations according to the introduction.

• Journal of the Korea Institute of Building Construction
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• v.10 no.1
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• pp.101-109
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• 2010

Under the Civil Code and related law in Korea, the liability for defects after delivery belongs to the Contractor. However, various disputes have occurred in relation to the remedy of such defects and the compensation for damages, which are the main liability of a contractor in the event of defects. Despite court decisions regarding defect liability, many problems prevail in the real world. For this reason, this working-level research considers the introduction of a performance warranty contract system. To establish the system successfully, it is necessary to analyze the trend of various warranty cases in the US. Therefore, the warranty system of the US was first examined, and the effect of acceptance, notification and burden of proof, remedies under warranty clauses, and default termination were investigated and analyzed in this study.