• Proceedings of the Korean Institute of Building Construction Conference
• /
• 2021.11a
• /
• pp.248-249
• /
• 2021

Planning and Scheduling in Korean has been developed from Bar Chart to CPM, integrated management and EVM were attempted. As growing of overseas projects, Scheduler was also recognized as important one. However, the reality is that most Korean construction projects still remain in the preparation of construction plan and construction schedule in 1990s. The global Planning and Scheduling trend is EOT claims. I would like to understand the global trend of EOT claims and EOT analysis, and to find out Planning and Scheduling measures to successfully promote EOT claims.

• Korean Journal of Construction Engineering and Management
• /
• v.6 no.5 s.27
• /
• pp.177-185
• /
• 2005

Construction uncertainties are frequently exposed to the claims. In most cases, an interpretation of the claims is based on the construction contract. Therefore, the key points of contract negotiation are how to fairly distribute the contract risks to the client and contractor. For these, a FIDIC that is considered as an international standard contract form would be a good reference to decide reasonable contract risk distribution. In order to find out any unreasonable and unfair contract clauses at the general conditions of contract applying generally to public construction project in Korea, this study surveys, analyses and evaluates the general conditions of contract based on a FIDIC, and then proposes a risk mitigation methodology to response those clauses' risk factors reasonably.

• Journal of the Korea Institute of Building Construction
• /
• v.10 no.4
• /
• pp.21-29
• /
• 2010

International construction contractors are often faced with the situation of working in an unfamiliar construction environment. Under FIDIC rules, the contractor has the right to make a claim requesting the consulting engineer for an adjustment to the contract price or the time for completion when a part or parts of the works have changed, or in the event of unforeseeable conditions. Contractors generally have more access to the costs and time implications of such a change or unforeseeable conditions than the consulting engineer or outside neutrals. Due to such an asymmetry of information, the contractor may be motivated to dispute frivolous claims of less merit, expecting erroneous judgments by the consulting engineer or the neutrals. In this paper, a claiming behavior model is presented by using game theory and experience data to study the manner in which frivolous claims develop into disputes. The model also analyzes the impacts of DAB/DRB upon the frivolous claims.

• Korean Journal of Construction Engineering and Management
• /
• v.22 no.6
• /
• pp.76-86
• /
• 2021

Construction projects have high potentials of claims and disputes due to inherent risks where a variety of stakeholders are involved. Since disputes could cause losses in terms of cost and time, it is a critical issue for contractors to forecast and pro-actively manage disputes in advance in order to secure project efficiency and higher profits. The objective of the study is to develop a decision tree-based predictive analytics model for forecasting dispute types and their probabilities according to construction project conditions. It can be a useful tool to forecast potential disputes and thus provide opportunities for proactive management.

• Korean Journal of Construction Engineering and Management
• /
• v.7 no.6
• /
• pp.99-111
• /
• 2006

Of the numerious dispute resolution methods, Alternative Dispute Resolution(ADR) is the most highly recommended approach for the guarantee bond-related dispute. In reality, however, claims were not resolved satisfactorily through ADR because of the lack of reference materials for negotiation, thus those were frequently had to be resolved through litigation. The above fact implies that, it is required to seek an efficient way to resolve the bond-related claims prior to they progress to litigation. This research paper intensively investigated judicial precedents of 232 cases with regard to construction bond-related disputes that observed during the analysis period(2000-2004). According to the summary statistics, it turned out that litigation were time consuming and potential economic loss was tremendous; on average, it takes 1067 days(the longest case was 1965 days) for dispute resolution. It suggests that litigations should be discouraged considering the magnitude of potential loss of stake holders. Research results revealed that there are some significant differences between categories in some variables affecting to the rate of winning; i) the number of lawsuit deputies of a plaintiff (in the 1st trial), ii) dispute locations (in the 1st and 3rd trials), iii) contract price (in the 1st trial), iv) contractors' operating capability (in the 1st and 2nd trials). For the rest of variables, significance level between categories was too low for preparing efficient improvement plan. Despite the important implications drawn from the analysis, this research has limitation due to the several reasons such as data structure, the depth of Information, etc. Therefore, more systematic research should be followed in the future.

• Journal of Arbitration Studies
• /
• v.8 no.1
• /
• pp.3-33
• /
• 1998

Since the Start of WTO in 1995, world trade volume was substantially increased as much as over $250 billion by lifting the trade barriors This effect brought new problem of increasing disputes. Significantly an ever increasing atention is paid to the Question of means and procedures of settling such disputes by arbtration. The problem of arbitration has indeed become most popular with all those who take interest in legal aspects of international cooperation in various spheres. In practice arbitration seems to renovate its function to take over new disputes arising from electronic transaction such as internet trade. Looking at the actual use of arbitration, its merits than litigation should cover new aspect concerning new kind of claims caused by new type of transaction. The efficient procedure for dispute will help every country save loss of profit by the delay of settlment. This thesis aims to facilitate the appearence of more efficient arbitration procedure for dispute settlment system.

• Korean Journal of Construction Engineering and Management
• /
• v.12 no.6
• /
• pp.31-41
• /
• 2011

Since the cases of time extension have continuously transpired in the public construction project, the potential of economical loss and claims is increasing because the concerned parties such as an owner or a contractor have not properly performed their own responsibility for time extension. One of the main reasons is that the present planning and scheduling do not support the method to apportion the proper responsibility to the right party. This problem has repeatedly led to time extension and made it difficult for the concerned parties to perform the responsibility for time extension. In order to overcome this problem, a framework of delay administration is required as the method to apportion the proper responsibility to the right party. To solve this problem, this paper aimed to develop the conceptual model and prototype system as the practical method to administrate delay causation. Furthermore, the verification result for the reliability and applicability throughout the case studies on real construction projects shows that the conceptual model and prototype system developed would help efficiently to administrate the delay causation.

• Korean Journal of Construction Engineering and Management
• /
• v.8 no.1 s.35
• /
• pp.78-86
• /
• 2007

Top priority to manage construction projects is given to the planning and scheduling in order to keep the project duration, which is one of the most important factors in construction management. However, recently most of public construction projects especially for civil projects are delays and preventive research, many efforts were made concerning construction delays and preventive management methods. But analysis of delay causation, which is a main key to solve the problems is not done, yet. Therefore, in this research causation delays are analyzed by characteristics of construction projects, which are type of projects, type of contracts, project participants, and general condition. As a result of the analysis, delay causation are proved to be different by characteristics of the projects. The research results will be used for prevention of time extension and dispute resolution.

• 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.

• Proceedings of the Korean Institute Of Construction Engineering and Management
• /
• 2004.11a
• /
• pp.437-441
• /
• 2004

This study aims to propose a set of improvement devices for construction dispute resolution clause of public improvement project in Korea. To do so, the study addresses the system and procedure of construction dispute resolution in domestic and overseas, and reviews precedent cases, specifically focused of a selective arbitration case. In public sector's initiated contracts, the absence of c)aim procedure clause is unable to response to the claims in timely manner, and the ambiguity of clause o( selective arbitration make it difficult to resolve a dispute by arbitration. Thus, in this study alternative dispute resolutions are explored as a way to resolve various construction disputes of public-initiated project in developed countries.