• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2008.11a
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• pp.268-273
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• 2008

Because a procedure is complicated and various related parties participate in the redevelopment and reconstruction project, it can be extended to diverse disputes when the relation with the related parties is smoothly adjusted. In particular, when the dispute occurs in a phase of occupancy after the complete construction, the regional residents-centric association must give up many rights of invisible parts caused by the construction company's profit maximization because they are short of professionalism about the business. Accordingly, this study is aimed at providing the construction project manager's dispute and claim process for responding to the dispute or claim reasonably and for obtaining the client's (association) rights for the reconstruction project, and at developing the checklist for obtaining the necessary documents by each phase, when the dispute or claim is made by the association against the construction company after the completion of construction. Through this study, the association can obtain the related documents in advance and can implement the reasonable response data when the dispute or claim occurs due to it. Also, it will enable the construction manager to analyze the project costs reasonably and will reduce the estimated wastes. That is, the work efficiency is expected to be improved.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.25
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• pp.165-187
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• 2005

Arbitration is a creature of contract. The parties agree that selective dispute resolution clause provides them with a choice to litigate or arbitrate certain disputes. Under the agreements, the parties had the option in the action. In the event any dispute arises between the parties concerning our representation or payment of our fees and disbursements which cannot be promptly resolved to our mutual satisfaction, you agree that dispute will be submitted to arbitration. Arbitration is a matter of contract and a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit. The selective arbitration agreement has become an accepted method of dispute resolution. However, the trend of dispute settlement has changed. The selective arbitrations clauses are to be construed as broadly as possible, and arbitration will be compelled unless it may be said with positive assurance that arbitration clause is not susceptible of an interpretation that covers the asserted dispute.

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

• The Journal of Asian Finance, Economics and Business
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• v.7 no.8
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• pp.635-644
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• 2020

The construction industry in developing countries like Vietnam, which incorporates small and medium construction enterprises, is typically more prone to disputes and contract dispute-related lawsuits. A dispute may occur at any time in the life cycle of the project. It is sometimes solved with the intermediation of a lawyer or directly by stakeholders. Understanding the causes of disputes in a construction project not only improves the efficiency of a company but also increases the success of projects. This study was carried out using a questionnaire survey at construction projects in Ho Chi Minh City. Sample data with 117 observations were analyzed to find the disputing factors in construction projects: diversity of working style among the parties; reluctance to work; and poor teamwork. Correlation coefficient on a rank of factors between design consultant and contractor; Design consultant and project owners are positively correlated. The Exploratory Factor Analysis (EFA) analysis identified six groups of factors in construction disputes: cooperation, technology, economics, productivity, information, and behavior. The findings are useful for enterprise practice and provide participants with an overview of sources of dispute. Thus, a more complete risk management plan can be formulated, which will accelerate project progress and improve the likelihood of success.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2013.05a
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• pp.166-167
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• 2013

There has been a defect dispute of apartment building in Korea. The defect dispute is complicated by main issues and details of dispute. It is yet to be solved. Meanwhile, a judge does not a inspection and analysis, but, related field expert who contracted professional engineer does. As a result, defect consulting report that an important judgment is used in a defect dispute. Therefore, this study does research on structure of defect consulting report. A defect consulting report has same items, irrespective of a defect consultant as a result that check 7 indexes about 10 cases. It has different structure's details depending on each defect consultants. And, it inserts new detail or deletes existing detail, does not show clear distinction.

• Journal of Arbitration Studies
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• v.16 no.2
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• pp.239-264
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• 2006

Globalization of business activities and the market is making intern ational movement of capital much freer. Therefore the introduction of global standard is inevitable. Each and every country has had its own standard which restrain free exchange and cause misunderstanding and conflict between countries. A country or a company which is not capable of meeting the global standard can not be accepted in the global market. Consequently, it will eventually be left behind. It is right to say that countries and companies should accept the global standard and abide by it to survive in the competitive global market. The following preface which was introduced in the international conference co_organised by BAC, FTCTC and Tsinghua University in May, 2004 shows a timely movement for the globalization of construction business. *B A C, Beijing Arbitration Commission *FTCTC, The FIDIC-Tsinghua-CNAEC Training Center *CNAEC, China National Association of Engineering Consultants Introduction, As arbitration becomes more and more popular in the ways of alternative disputes resolution all over the world, the BAC is devoted to promoting international arbitration in China. As FIDIC contracts constitute an accepted point of reference for international construction contract, the BAC, characteristic of construction projects, is willing to facilitate the FIDIC contracts as the referred construction contracts in China. In order to carry out its purposes, the BAC, together with FTCTC is going to convene for discussion of dispute resolution and arbitration of international construction projects. FIDIC, construction contract management guide, explains arbitration as the ultimate dispute resolution method. The detail of FIDIC will be suggested in this essay.

• Korean Journal of Construction Engineering and Management
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• v.22 no.6
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• pp.76-86
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• 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
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• v.17 no.5
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• pp.35-44
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• 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 the Korean Institute of Rural Architecture
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• v.10 no.1
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• pp.67-74
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• 2008

Recently, construction of bridges in rural areas has been increased to preserve the natural environment. However this brings forth the disputes over rights of light in farmland. In urban areas, the disputes over rights of light have been settled on the authority of the national architectural law and only sunshine hours for winter solstice are considered. Basically, the point at issue is different between each case. The main issues of the dispute in rural area were the reduction of the crop cultivation and the increase of the heating cost in winter. The purpose of this study is to review the mediation process in national environmental dispute resolution commission to resolve these issues, and to set up the analysis method of rights of light and modelling equation of solar position. Furthermore, we aimed at analyzing the damaged hours of daylights in rural housing and the infringement rate of daylight in farmland through the case study. In conclusion, we estimated the sunshine hours during the whole damaged periods according to the elements of bridges, and presented the solution process of dispute over rights of light due to the construction of bridge in rural area.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2023.11a
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• pp.55-56
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• 2023

The number of defect disputes occurring in apartment houses is increasing year by year, and among them, disputes caused by defects in tiles account for 28.2% of the total, which is an important defect in tiles. A representative tile defect in the defect dispute is the lack of tile backfill. Another dispute occurred that the standards for each organization are different as the 100% standard of the Ministry of Land, Infrastructure and Transport's building construction standard and 80% standard of the Architectural Institute of Korea's Building Technology Guidelines. In this study, it was analyzed the relationship between the amount of tile backfill and the amount of tile defects based on 100 defect litigation court appraisal documents. It was observed that the amount of defect in tile works tended to decrease as the amount of tile backfill increased. By presenting an appropriate amount of mortar to fill behind tiles in a defect dispute, the effect of reducing the defect dispute can be expected.