• Title/Summary/Keyword: defect dispute

Search Result 46, Processing Time 0.025 seconds

Dispute Issues and Improvement of Inter-layer Joints in Apartment Houses (공동주택 층간이음부의 분쟁 쟁점 및 개선 방안)

  • Bang, Hong-Soon;Bae, In-ho;Kim, Ok-Kyue
    • Journal of the Korea Institute of Building Construction
    • /
    • v.21 no.2
    • /
    • pp.129-139
    • /
    • 2021
  • Recent rise in the supply rate of new public apartment houses leads to an increasement in disputes regarding the construction quality of the apartments between the residents and the construction companies. According to the dispute cases filed for claiming the collective defect repair fees, inter-layer concrete joints turned out to be the most frequently disputed item. For this reason, this study selects the inter-layer concrete joints to further analyze the primary causes and details of each dispute case. From the results of this study, three primary causes of the disputes are found, which are 1) the absence of standard specifications for construction quality control and management after construction; 2) the absence of established standards for repair when construction defects are found; and 3) the fact that the court grants generous compensation for disputes concerning the apartment houses. In order to prevent construction defects in inter-layer concrete joints, this study provides three suggestions including 1) the current standard specifications for inter-layer concrete joints should be further specified by the Ministry of Land, Infrastructure and Transport; 2) a construction defect should be judged according to the compliance to the standard specifications; and 3) a clear and institutional protocol needs to be established for defect repair in cases that new public apartment houses have been judged to have defects.

Improvement of Defect Checklists for the Quality Inspection of Apartment Houses (공동주택 품질점검 하자 체크리스트 개선방안)

  • Yu, Byong-Jae;Bang, Hong-Soon;Kim, Ok-Kyue
    • Proceedings of the Korean Institute of Building Construction Conference
    • /
    • 2022.04a
    • /
    • pp.33-34
    • /
    • 2022
  • The Apartment Defect Dispute Mediation Committee of the Ministry of Land, Infrastructure, and Transport received as many as 7,686 complaints regarding defects in 2021, and the conflict caused by these disputes on the defects is worsening. A quality inspection team system was established in January 2021 to address the deepening conflict, and this system prevented the emergence of defects in apartment houses before the residents moved in. Quality inspections were conducted based on the Housing Act standards, but the reality is that the standards for the ordinances are not systematic. Based on the analysis of the ordinances by the apartment quality inspection team, 23 out of 226 local governments utilized the quality inspection teams, and they had different standards for the quality inspection subjects and inspection periods. In addition, the inspection standards for the defect checklists used by the apartment quality inspection teams operated by local governments varied. A survey was conducted by apartment quality experts to tackle this problem and proposed improvement plans for the defect checklists used for the quality inspection of apartment houses.

  • PDF

A Study on the Newly Recognized Defect Factors in Defect Lawsuits of Apartment Housing (공동주택 하자소송단계에서의 하자인정항목에 관한 연구)

  • Ko, Young-Tae;Shin, Yoon-Seok;Lee, Myungdo
    • Journal of the Korea Institute of Building Construction
    • /
    • v.20 no.6
    • /
    • pp.567-576
    • /
    • 2020
  • This study proposes additional items to be recognized as defects in a defect lawsuit through a case analysis of lawsuit cases in apartment housing. Identifying these defects prevents an unexpected increase in litigation costs, delays in the date of litigation, and emotion repercussions or additional lawsuits. In this study, the defects that were not discovered by the existing occupants and construction companies, but were newly discovered in litigation, were defined as defects in lawsuits. Fifteen cases of lawsuits were analyzed and a total of 77 defects were derived. Each item was then reviewed for location, work type, number of occurrences, and cost. The results were yielded 23 defect items, which were validated by appraisers who directly appraised the cases. In addition, the derived defect factors were analyzed. Finally, the 23 defect items were categorized into 10 main factors which include attributes such as causes of occurrence and characteristics. This can provide an overall area of defects to be considered in addition to existing defect items in the life cycle of the housing. The results of this study can contribute to reducing the actual occurrence of defects and minimizing the disputes in the case of defect lawsuits.

A Study of the Prevent Measure by Case Analysis of Apartment Building Defect Lawsuit (공동주택 하자소송 사례분석을 통한 분쟁방지 대책에 관한 연구)

  • Pyeon, Su-Jeong;Kim, Jong-Ho;Kim, Gyu-Yong;Choe, Gyeong-Chol;Son, Min-Jae;Nam, Jeong-Soo
    • Journal of the Korea Institute of Building Construction
    • /
    • v.21 no.4
    • /
    • pp.257-268
    • /
    • 2021
  • This study analyzed the major issues of 24 defect litigation precedents before and after 2013, based on 2013, when defect litigation in relation to the rapidly increasing defect disputes in apartment houses. The amount of defect removal per household is 2,572 thousand won per household, which is about 5% less than before 2013 from 2013, but the judgment amount per household has rather increased by about 19%, showing 1,916 thousand won per household after 2013. By type of construction, defects on cracks accounted for the largest proportion before and after 2013. Before 2013, equipment, tiles, and windows appeared in the order, and after 2013, landscaping, tiles, insulation and window work were in the order. In order to prevent such defect disputes, efforts to prevent defect disputes will be needed in the design stage, construction stage, and maintenance stage.

Comparative Analysis on Repairing Cost of Lawsuit on Concrete Crack Defect in Apartment Building (공동주택 하자소송의 균열하자보수비 비교.분석 연구)

  • Kim, Beop-Su;Park, Jun-Mo;Choi, Jeong-Hyun;Seo, Deok-Seok;Kim, Ok-Kyue
    • Korean Journal of Construction Engineering and Management
    • /
    • v.12 no.6
    • /
    • pp.142-150
    • /
    • 2011
  • Defect dispute has been increasing to claim by condominium, in increasing to demand and concern in value, quality, and management of apartment building since 2000s. In this study, for checking property of cost in crack issue with precedure of lawsuit on defect, it is analyzing details about repairing cost of concrete crack defect that formed 77 percent of repairing cost. Futhermore, it is studying of composition of repairing cost and difference of repairing cost by repairing method. This is checking details that cost growth has a difference whether court accept a acceptable range of crack width, and repairing method and reinforcement work has to choose between a surface treatment method, a filling method and a injecting method. Meanwhile, it is considerable that disparity of repairing cost whether is a method of painting work.

Evaluating Importance of Defects through Defect Dispute Case Study in Apartment Buildings (하자분쟁사례를 통한 공동주택 하자 중요도 평가에 관한 연구)

  • Lee, Sang-Hoon;Kim, Jae-Jun;Lee, Sang-Hyo
    • Journal of the Korea Academia-Industrial cooperation Society
    • /
    • v.20 no.3
    • /
    • pp.56-64
    • /
    • 2019
  • Various defects that occur in the maintenance stage are connected to all kinds of wasted resources and economic losses as additional investments are made. Residents are harmed temporally, materially, and psychologically, and businesses suffer not only monetary losses but also reduced credit ratings. The aim of this study was to increase the efficiency of quality management and minimize defect disputes by estimating the importance of the defect type considering the defect frequency and severity in apartment buildings. For this, 7,548 defect items for 48 apartment buildings were examined. The analysis confirmed that defects are concentrated on RC, finishing and MEP work. In addition, defects with high importance are identified as broken, incorrect installation, missing tasks, and water problems. In addition, the exterior wall/roof, the Internal wall, ceiling, and floor, which are constructed in the field, are more important than the furniture and MEP equipment installed in the field.

CONSTRUCTION DEFECTS AND MONETARY RETENTIONS IN CONSTRUCTION PROJECT: A REVIEW OF CASE LAW

  • Priyanka Raina;John Tookey
    • International conference on construction engineering and project management
    • /
    • 2011.02a
    • /
    • pp.629-635
    • /
    • 2011
  • Retentions are generally considered to be intended to act as a powerful tool to incentivize contractors/subcontractors to remedy defective work in cases of non-performance. This study attempts to establish the extent to which retentions can be used for this purpose by investigating case law connected with insurance and defective work. One of the significant questions is whether retentions are sufficient to deal with construction defects or value of retentions in the rectification of defects is illusory. The cost to repair a defect may vary depending on a number of components including type, cause, magnitude and the construction stage at which the defect occurs. It is expected that a review of existing cases on defective workmanship will provide an insight on the issues and whether retentions are effective in their intended function. In order to establish their functionality, the study described in this paper investigated 6 construction insurance cases to identify the critical issues and the causes of dispute. It was found that the nature and the cause of defects were different in each case. It was also established that certain defect types not covered by insurance may be covered by retentions - potentially one of the key uses of a retention strategy. It is expected that the findings will assist in forming a view on the quantum of money that may be required paving the way for a first time understanding on a rational basis for setting up retention regime.

  • PDF

Analysis of Defect Risk by Work Types based on Warranty Liability Period in Apartments (공동주택 하자보수보증기간에 기초한 공종별 하자위험 분석)

  • Kim, Sang-Hyeon;Kim, Jae-Jun
    • Korean Journal of Construction Engineering and Management
    • /
    • v.19 no.4
    • /
    • pp.34-42
    • /
    • 2018
  • Apartment is a typical type of housing preferred by the majority of people. However, and defect disputes occur because various defects such as cracks, subsidence, breakage, water leakage, dew condensation and dropout are confirmed with numerous structures and finishing materials. From this point of view, this paper analyzes defect frequency and costs of each warranty period by work types, and estimates defect risks by using defect dispute cases. It examined about 5,337 defect items for 32 apartment over ten years old. In this paper, there are 10 types of work types and the warranty liability period is divided into 6 categories. Based on these categories, defect frequency and costs are investigated, and finally defect risk of the warranty liability period by work types confirmed. As a result of this analysis, it was found that defect risk in RC and finishing work is very high. Especially the RC work revealed that there is a high risk of trying from the third year onwards and it was found that the defect risk up to the second year is high in the finishing work. Due to aging of RC structure, the defect risk gradually increases, and finishing work initially cause defect disputes because of the housing environment.

Analysis on Characteristics of Defects before Inspection for Apartment Use (공동주택 사용검사 전 하자 특성 분석)

  • Lee, Sang-Hyo;Han, Man-Cheon;Kim, Jae-Jun;Lee, Jeong-Seok
    • Journal of the Korea Academia-Industrial cooperation Society
    • /
    • v.21 no.5
    • /
    • pp.167-178
    • /
    • 2020
  • The purpose of this paper is to establish a defect classification system for defects before inspection and to derive the pattern and characteristics of defects before inspection by examining about 3,110 defect items for 133 apartment buildings. The study analysis revealed a relatively high rate of defects before inspection that occurred in finishing work. Second, defects occurred such as cracking of external wall, which is a very important defect. However, defects before inspection were relatively rare on the external wall. Finally, defects before inspection occurred during waterproofing in the common area or garage. It is necessary to establish a reasonable basis or countermeasure to resolve differences between stakeholders as various issues may arise in the course of a dispute, as a result of identifying the details of defects within the top 20 of the defectives.

Major Issues and Improvement Measures for Disputes between Construction Companies and Residents Related to Defects in Multi-Family Housing Complexes (건설사와 입주민의 공동주택 하자분쟁 쟁점 및 개선 방안)

  • Bang, Hong-Soon;Kim, Ok-Kyue
    • Journal of the Korea Institute of Building Construction
    • /
    • v.22 no.1
    • /
    • pp.103-114
    • /
    • 2022
  • In the area of construction defects, residents have a tendency to focus on visually identifiable defects, while construction companies focus on defects that affect the structural and functional integrity of apartment housing. Accordingly, construction companies and residents have conflicting views on defects in apartment housing. To address this issue, this study aimed to accurately identify the main disputes surrounding defects in multi-family housing complexes or multi-dwelling unit apartment housing caused by such sharply different perspectives and suggest improvement measures. First, standards to determine different defects and remuneration standards between the Ministry of Land, Infrastructure and Transport and the court were analyzed. Then, problems were derived through an analysis of defects in past court cases, and the differences in perspectives between construction companies and residents were identified based on defect data from various construction companies. To tackle these issues, a classification measure for establishing a defect database for multi-family homes was also proposed.