• International conference on construction engineering and project management
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• 2015.10a
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• pp.710-711
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• 2015

A nuclear power plant construction is a complex form of construction which comprises various stakeholders and contractors. Therefore, contract disputes will occur due to conflicting interests of contracting parties and unpredictable factors which arise during construction work. Even if the contract is well prepared, it cannot fully prepare for future situations in actuality. Claims management is very important in carrying out construction management. This study intends to define claim, and delve into development of claims management processes from the viewpoint of owners and contractor through consideration on international contract terms on claims management and the details of the claims management of the Construction Extension to the PMBOK. In addition, it is needed to accumulate and manage data on claims that have occurred so that they can be referenced in the future. As information should be accumulated so that type classification can be carried out and that lessons can be learned on claims that have occurred in each business site, study on establishing data-based systems relating to claims processes will be needed in the future.

• Journal of Arbitration Studies
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• v.17 no.1
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• pp.157-181
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• 2007

The commercial relationship between South and North Korea is defined under the concept of economic relation and cooperation. To resolve any dispute that can arise from the trade and investment relations between South and North Korea, 'Agreement on the Procedures to Resolve Commercial Arbitration of South-North Korea' came into force in August 2003. Commercial Arbitration Committee of South-North Korea will be organized as the member lists of the committee were exchanged in July 2006 between South and North Korea. This committee must become a central system to settle the trade and investment disputes between South and North Korea. North Korea's Foreign Economic Arbitration Act was enacted to provide the foreign investors with the safe measures in their investments such as dispute resolution. But this Act can not dispute the trade and investment disputes between South and North Korea. The purpose of this paper is to contribute to the activation of arbitration between South and North Korea by studying Commercial Arbitration Committee of South-North Korea introduced by Agreement on the Procedures to Resolve Commercial Arbitration of South-North Korea and Agreement on the Construction and Operation of Commercial Arbitration Committee of South-North Korea and finding the problems and solutions of Commercial Arbitration Committee of South-North Korea.

• Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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• 2000.06a
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• pp.940-948
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• 2000

Noise and vibration generated at construction sites become serious issues because of bigger construction projects and growing use of heavy equipment. Especially in downtown construction, noise and vibration easily exceed the legal standards that can suffer the most of surrounding residents. The number of complaints by the residents who are exposed to the noise increases as their consciousness grows. However, the Korean regulations for the construction noise and vibration only present the overall limits for target areas and times zones, and this make it difficult to take effective measures. Also in rural area, disputes between construction sites and residents arise, but the dispute resolution or taking measures are difficult because clear standards concerning cause-and-effect, estimation of effective levels, calculation of damages, and future precautions and examples lack. This paper describes legal standards regarding the noise and vibration and presents judging standards for the physical damages. This paper also introduces example public complaints that happened at Daewoo construction sites to describe the problems in the existing law and further to enable smooth construction progresses by emphasizing the seriousness of public complaints.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.31-36
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• 2001

Construction contract have great possibility of dispute between contract parties because of long term performance of contract, various participation of the person concerned, effect according to external environment, etc. It is needed correct comprehension and construction management because good reason of claims depends upon contract document or clauses of the related laws and regulations in cases. The purpose of this study is to suggest desirable Interpretation principle for the harmonious management of the construction work in the cases or arbitration adjudication.

• Korean Journal of Construction Engineering and Management
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• v.7 no.5
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• pp.177-190
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• 2006

Construction projects are facing delay problems. Delays in construction have been immense effect on performance or satisfactory delivery of the project. Delays have been causing project cost overrun as well as it is a source of dispute hence damaging the relationship between the project participants. The purpose of this study was to explore the causes of delay risk through a field survey study. Data were collected from construction professionals working in owner, consultant and contractor organizations. All together 208 questionnaire instruments were used and analyzed by employing statistical tools (SPSS computer program). 19 delay factors were identified by this study, out of which following factors were critical: Frequent interruptions from public (local people, pressure group etc.), changed site condition, failure to provide required construction site, unrealistic project time estimation and design errors.

• International conference on construction engineering and project management
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• 2022.06a
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• pp.57-66
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• 2022

Claims and disputes are major causes of cost and schedule overruns in the construction business. In order to manage claims and disputes effectively, it is necessary to analyze various types of contract documents punctually and accurately. Since volume of such documents is so vast, analyzing them in a timely manner is practically very challenging. Recently developed approaches such as artificial intelligence (AI), machine learning algorithms, and natural language processing (NLP) have been applied to various topics in the field of construction contract and claim management. Based on the systematic literature review, this paper analyzed the goals, methodologies, and application results of such approaches. AI methods applied to construction contract management are classified into several categories. This study identified possibilities and limitations of the application of such approaches. This study contributes to providing the directions for how such approaches should be applied to contract management for future studies, which will eventually lead to more effective management of claims and disputes.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2015.11a
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• pp.87-88
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• 2015

A defect dispute surrounding an apartment building is in constant trouble, a defect consulting is necessary that objective and impartial for solving a defect. The defect dispute about a defect lawsuit is conducted in the order that filling of lawsuit, consulting order, defect inspecting, estimating a repairing cost, writing a consulting report, submitting a consulting report, and decision by court. Of these, a step of defect inspecting is extensively investigated an occurred defect that each defect index and type from each part and place. At this time, it is collected of many data and created many information. For this, it need to organize and manage. The study is a modeling of field investigation work process that second phase of defect inspecting step. A literature study is defined a work until level 2. This study is defined the work until level 3 to 4. In addition, the modeling can do for using a job name, a place to job, a job to do, and a person concerned about defect consulting case. The modeling is expected a contribution of improving a defect consulting process and systematizing a judgment standard.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2010.05a
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• pp.225-228
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• 2010

It is an social issue that is various claim related on the defect of apartment house. The cost of defect repair is the most important matter that residents dispute constructers with the huge time wasting and cost loss. For resolve the matter of defect claim, it must to be analyze to the cost property that study and find to pending issue about the cost of defect repair. Therefore this study is investigated the cost property of defect repair relation on correlation analysis and regression analysis around the judgement cost. Consequently, cost of the judgment is associated with cost of the accusation and cost of the defect repair, is recognizable as them that is closely connected. Meanwhile, the more time of take effect and time of lawsuit increase, the more cost of the judgment decrease by draw the regression equation. On the contrary, there are same aspects in the case on the cost of the accusation and cost of the defect repair.

• Journal of Arbitration Studies
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• v.21 no.3
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• pp.55-87
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• 2011

This paper is to illustrate a variety of court-annexed ADR programs and vindicate its implications of court-annexed ADR in United States. It has been almost three decades since Frank Sender articulated his vision of the multi-door courthouse. The court-annexed ADR originated from the concept of multi-door court house. Professor Sander argued that the court must transform from the court that provides litigation, only one type of dispute resolution, to the multi-door courthouse which provides a variety of dispute resolution methods including a number of ADR programs. The types of court-annexed ADR on which this paper focus are court-annexed mediation, court-annexed arbitration, mini trial, early neutral evaluation(ENE), summary jury trial, rent-a-judge, and med-arb in United States. The findings of this paper is as follows. First, the ADR movement is the irreversible and dominant phenomenon in the US court. The motivation of incorporating ADR into court is to reduce the cost of court to handle the civil disputes and to eliminate the delay of litigation process in the court. At the same time, a couple of studies of ADR revealed that the ADR program satisfied users of ADR. Second, the landscape of ADR has not been fixed. In 1970's, the court-annexed arbitration has been popular. In 1980's, the diverse kinds of ADR programs were introduced into the federal court as well as state courts, such as mini trial, early neutral evaluation(ENE), summary jury trial, and court-annexed mediation. But in 2000s, the court-annexed mediation has been the dominant type of ADR in United States. Third, the each type of ADR program has its own place for the dispute resolution. Since Korean society enters into the stage in which diverse kind of disputes occur in the areas of environment, construction, medicare, etc, it is desirable to take into consideration of the introduction of ADR to dispute resolution in Korea.

• Journal of Arbitration Studies
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• v.12 no.2
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• pp.185-220
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• 2003

Korean Government is increasingly focusing on the Northeast Asia Business and Logistics Hub strategy to create a competitive advantage. A key element of this strategy is creating or leveraging distribution and logistics hubs that act as centres for distribution in Northeast Asia. A Northeast Asian e-Hub Policy is required for business hub and logistics hub in the Northeastern Asia. An e-Hub is an integrated, sophisticated set of e-Biz, information and e-trade facilities and services that provides access to a marketplace and exchangee the e-trade data. To study the e-Hub policy, Pan Asian e-Commerce Alliance, Korea-Japan e-Trade Hub project, and ASEM e-Trade project are considered. E-trade via cyberspace may need new methods of dispute resolution to reduce transaction costs for small value-related disputes and to erect structures that work well across national boundaries. Voluntary Mediation Councils and cyber tribunals should be encouraged by governmental sectors to continue developing private sector mechanisms to resolve e-trade disputes. Government-sponsored online cross-border dispute resolution systems may be also be useful to complement these private sector approaches. E-trade in Northeast Asia results in disputes owing to the incompleteness of e-trade law in the countries. These disputes contain disputes regarding e-trade model, central title registry, authentication body. To resolve these disputes in the Northeast Asia, a variety of electronic alternative dispute resolution bodies must be organized under cooperation of Korea, Japan, China. This study deals with the e-ADR construction in the Northeast Asia to resolve the disputes in the e-trade and to activate the e-trade in the Northeast Asia.