• Title/Summary/Keyword: the term of warranty liability

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An Analysis of Defects Apartment Houses Occurring during the Term of Warranty Liability (하자담보책임기간에 발생하는 공동주택 하자 분석)

  • Yu, Byong-Jae;Bang, Hong-Soon;Kim, Ok-Kyue
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2022.11a
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    • pp.135-136
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    • 2022
  • Defects caused by apartment houses have the term of warranty liability according to the enforcement ordinance of Acts of the Management of Apartment Houses. In case when defects occur during the term, free defect maintenance can be provided from the construction company. Yet, there occur conflicts between the construction company and residents, as to whether there occur defects or not. To resolve these conflicts, this study aimed to analyze construction classification and types that need managing, based on defects of apartment houses occurring during the term of warranty liability. This research analyzed 138,576 cases of data, as of five apartment house complexes. For the construction classification for defects of apartment houses, wooden flooring products accounted for the highest rate, followed by paper hanging, and wooden window. For the construction types of defects, torn/scratching took up with the highest rate, followed by the condition of defect in fixing and operating. In order to embody defects occurring during the term of warranty liability, into the visualization technique, this researcher utilized the word cloud method. This study will pursue the method for maintaining defects during the term of warranty liability, in the subsequent research, using the data that this research presented.

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Comparative Review on Term of Warranty Liability of Reinforced Concrete Work through Occurred Defect Data Analysis in Apartment Building (공동주택 하자실적자료 분석을 통한 철근콘크리트 공사의 하자담보책임기간 비교연구)

  • Seo, Deok-Seok;Park, Jun-Mo
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2017.05a
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    • pp.266-267
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    • 2017
  • As apartment buildings defect lawsuits become socioeconomic problems, an objective basis system for the term of warranty liability of reinforced concrete constructions is urgent. This study was carried out as a basic study for developing a basis system for the term of warranty liability. To do this, defect data actual collected in apartment complexes were collected and analyzed. As the result of checking the cumulative rate of defect occurrence in reinforced concrete construction by year, the point of time of reaching the 90% level was the 5th years, which was similar with the provision of the Apartment Building Management Act. However, the current Supreme Court precedent has decided that the term of warranty liability for the main structural parts in reinforced concrete construction shall be 10 years and the dispute is expected to continue in the future in the defect lawsuit.

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A Study on the Term of Warranty Liability by the Law-suit Requesting of the Guarantee against Defects in the Apartment Building (공동주택 하자보증금 청구소송에 의한 하자담보책임기간 연구)

  • Koo, Hae-Shik
    • KIEAE Journal
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    • v.12 no.3
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    • pp.11-18
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    • 2012
  • The purpose of this study is to contribute to solution of the defect dispute in apartment house in advance. We want to propose the improved devices in defect problems by investigating the money that exacted from the practical business of the inspection company and the money that a judge gave a decision in a civil court in 50 cases of the lawsuit to requesting the guarantee against defects and the improved schemes of the applied rate by analyzing the diagnosis money of each applied years about the term of warranty liability in 40 cases of the lawsuit separately from that. As the result, we have to reflect the defect of non construction and error construction on apartment building defects, which recognizes very important factor when we compute the defect repair warranty money and it needs to be rearranged the applied ratio in guarantee peried of housing law practically.

Analysis on Regulation Revision Record to Term of Warranty Liability to Reinforced Concrete Work in Apartment Building (공동주택 철근콘크리트 공사의 하자담보책임기간 개정 이력 분석)

  • Park, Jun-Mo;Seo, Deok-Seok
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2017.05a
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    • pp.268-269
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    • 2017
  • Apartment building, which has been accompanied by economic growth in Korea, is a home of life and has the value overlapping as housing and assets. The improvement of consumer's eye level and development of related technology and related service development have positive function that enriches society and creates economic wealth. On the other hand, the clash and conflict between stakeholders increase social unrest and waste our competitiveness by economic loss. The term of warranty liability of apartment building is an important issue of defect lawsuits and is only a few quantitative standards. However, in this study, we examined the revision history of the law and ordinances for the reinforced concrete construction. As a result, establishing and revising the relevant standard, there is no definite basis system to support it. To improve this, the efforts to provide the standard for term of warranty liability and quantitative and objective basis to support it should be accompanied continuously.

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On the problem and improvements about 'End of Confirmation for Defect Liliability' on the Management of Apartment Houses Decree (공동주택관리법 하자담보책임 종료 확인 절차의 문제점 및 개선방안)

  • Kim, Jin-Kuk;Bang, Hong-Soon;Kim, Ok-Kyue
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2017.05a
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    • pp.274-275
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    • 2017
  • Decree on the Management of Apartment Houses. Article 36 (Liability for warranty Repair Defects), Article 37 (About Repair Defect, etc), and its implementing ordinances, Article 36 (Term of warranty liability) Article 37 (Defect criteria), Article 38 (procedure of Repair defect), Article 39 (type of warranty liability), Enforcement Rule Article 17 (Certifiation of warranty liability). On the basis of the upper Decree, In spite of Standard and forms of 'Completion of Repair Defect' was exist, it was hard to receive 'End of Confirmation' in practice. The purpose of this study is to propose basics in order that Practitioners can apply problems and improvements about Decree on the Management of Apartment Houses.

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A Study on the Direction of the Warranty Contract in Constructions (건설공사 성능계약제도 도입방향에 관한 연구)

  • Kim, Hyun;Park, Sung-Yong;Seo, Young-Chil;Lee, Sang-Beom
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2008.05a
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    • pp.153-157
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    • 2008
  • The construction market has gradually become complexity, variety and specialization, and then owner's requirements about quality has become various. In order to solve the problem such as stated above, advanced constructions in United Kingdom, Japan and United States have introduced warranty contract which is warranted to quality and performance for need of owner in determined term to ensure the quality of construction since 1960s. However, the interior of a country encounter another problem result from defects liability what indefiniteness of defects standard, excess responsibility period, social recognition of be identical fraudulent work and defects, and contract with ascendancy of owners. etc, so builders concerned more excess defects liability than the quality of construction. The purpose of this study is to analysis of warranty contract in order to solve the problem such as stated above.

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Basic Research on Evaluation of Defect Repair Period of Finishing Works in Apartment Houses according to Performance Data (실적자료에 의한 공동주택 마감공사의 하자보수기간의 적절성 평가 기초연구)

  • Kim, Dae-gil;Lee, Ung-Kyun;Seo, Deok-Seok
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2015.05a
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    • pp.245-246
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    • 2015
  • Cases of lawsuit and conflict are increasing because of defects in apartments in use after the completion of construction. Further, with changes in the consciousness of residents and in the social environment, many residents are showing interest in defect-related lawsuits. However, the term of warranty liability defined in the current law is not practically appropriate, and the verification of the determination of the term of warranty liability is insufficient. Against this background, this research aims to evaluate the appropriateness of defect repair periods by examining the actual defect condition of the finishing work among the various defects related to apartments. Collected performance data are analyzed by statistical techniques by considering the defect occurrence rate per construction type and the construction year of the finishing work in apartment construction. The analysis results will be used as basic data for evaluating the appropriateness of the standards for the term finishing works warranty liability.

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A Study on the Rule of Warranty in the English Law of Marine Insurance (영국 해상보험법상 담보(warranty)에 관한 연구)

  • Shin, Gun-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.42
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    • pp.275-305
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    • 2009
  • Marine insurance contracts, which intended to provide indemnity against marine risks upon the payment of price, known as a premium, originated in Northern Italy in the late 12th and early 13th centuries. The law and practice were later introduced into England through the Continent. It is, therefore, quite exact that English and European marine insurance law have common roots. Nevertheless, significant divergences between English and European insurance systems occurred since the late 17th century, mainly due to different approaches adopted by English courts. The rule of warranty in English marine insurance was developed and clarified in the second part of the 18th century by Lord Mansfield, who laid the foundations of the modern English law of marine insurance, and developed different approaches, especially in the field of warranty in marine insurance law. Since the age of Lord Mansfield, English marine insurance law has a unique rule on warranty. This article is, therefore, designed to analyse the overall rule of the rule of warranty in English marine insurance law. The result of analysis are as following. First, warranties are incorporated to serve a very significant function in the law of insurance, that is, confining or determining the scope of the cover agreed by the insurer. From the insurer's point of view, such the function of warranties is crucial, because his liability, agreed on the contract of insurance, largely depend on in, and the warranties, incorporated in the contract play an essential role in assessing the risk. If the warranty is breached, the risk initially agreed is altered and that serves the reason why the insurer is allowed to discharge automatically further liability from the date of breach. Secondly, the term 'warranty' is used to describe a term of the contract in general and insurance contract law, but the breach of which affords different remedies between general contract law and insurance contract law. Thirdly, a express warranty may be in any form of words from which the intention to warrant is to be inferred. An express warranty must be included in, or written upon, the policy, or must be contained in some document incorporated by reference into the policy. It does not matter how this is done. Fourthly, a warranty is a condition precedent to the insurer's liability on the contract, and, therefore, once broken, the insurer automatically ceases to be liable. If the breach pre-dates the attachment of risk, the insurer will never put on risk, whereas if the breach occurs after inception of risk, the insurer remains liable for any losses within the scope of the policy, but has no liability for any subsequent losses. Finally, the requirements on the warranty must be determined in according to the rule of strict construction. As results, it is irrelevant: the reason that a certain warranty is introduced into the contract, whether the warranty is material to the insurer's decision to accept the contract, whether or not the warranty is irrelevant to the risk or a loss, the extent of compliance, that is, whether the requirements on the warranty is complied exactly or substantially, the unreasonableness or hardship of the rule of strict construction, and whether a breach of warranty has been remedied, and the warranty complied with, before loss.

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A study on the Application Scheme of the Warranty contract in constructions (건설공사의 성능계약 도입방안에 관한 연구)

  • Kim, Dae-Gil;Jeong, Ho-Geun;Seo, Young-Chil;Lee, Sang-Beom
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2007.04a
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    • pp.89-92
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    • 2007
  • Since 1960s, advanced constructions have introduced warranty contract which is warranted to quality and performance for need of owner in determined term to ensure the quality of construction. However, the interior of a country encounter another problem result from Defects Liability what indefiniteness of defects standard, excess responsibility period, social recognition of be identical fraudulent work and defects, and contract with ascendancy of owners. etc, so builders concerned more excess defects liability than the quality of construction. The purpose of this study is to analysis of warranty contract in order to solve the problem such as stated above.

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Study on the Defects of Finishing Works of Apartment Houses during Warranty Liability Period and its Correlation (공동주택 마감공사의 하자보수기간 현황 및 연관성 연구)

  • Lee, Ung-Kyun;Seo, Deok-Seok
    • Journal of the Korea Institute of Building Construction
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    • v.17 no.4
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    • pp.385-391
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    • 2017
  • The warranty liability period for defects in apartment buildings by work type is not based on scientific analysis, making the appropriateness of the term a culprit behind the lawsuits. Therefore, this research aims to evaluate the appropriateness of the warranty liability term of apartment buildings by identifying the current status of defects, in particular, caused by finishing works. That is because the number of defects, caused during the finishing works, accounted for the largest portion of the total defect cases of apartment buildings reported to the Apartment Defect Dispute Mediation Committee under the Ministry of Land, Infrastructure, and Transport of Korea between 2010 and 2011. The result from analyzing claims for defect repairs of the finishing works showed that most cases by work type continued to be made after two years, and only about 60% were charged within the warranty period. And, defects by work type have correlation, which needs to be considered for a better construction technique. Considering a low correlation between the possibility of defects and the construction performance rankings, which are highly relevant to the apartment preference. It is believed that there needs to be a qualification process for agencies that actually performs finishing works.