• International conference on construction engineering and project management
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• 2005.10a
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• pp.693-698
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• 2005

Evaluation of construction claims history can provide insights to improvement opportunities in a capital project portfolio. This study analyzed construction litigation claims extracted from the U.S. Court of Federal Claims (COFC) history involving the U.S. Naval Facilities Engineering Command (NAVFAC) from 1995-2004. Twenty-four total cases were examined over this period. Both "primary" causes and "root" causes were identified and compared to 666 litigation cases reviewed by the Armed Services Board of Contract Appeals (ASBCA). Based on the analysis, strategies for resolving future disputes are recommend using a 'hybrid' process prior to litigation.

• International conference on construction engineering and project management
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• 2020.12a
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• pp.103-113
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• 2020

The construction industry is undergoing a digital transformation in which Building Information Modelling (BIM) is a key technology. The potential of BIM in several areas such as design optimization, time management, cost management, and asset management/facility management (AM/FM) is widely acknowledged by the AECO (Architecture, Engineering, Construction, and Operation) industry around the world. However, BIM implementation in construction projects is faced with problems such as project delay and cost overruns. The lack of identification of risks in BIM projects and standard guidelines on mitigation techniques furthers poor performance, dissatisfaction, and disputes between employers and project participants, which results in low BIM adoption rates. Therefore, the objective of this paper is to identify the potential risks in BIM implementation under the primary categories - (1) technical, (2) contractual, (3) management-related, and (4) personnel-related risks in BIM projects and present solutions to reduce, manage, and mitigate risks. To meet the objective of this paper, a survey was designed and conducted in the Hong Kong construction industry in which over 140 respondents from different disciplines, with experience in BIM projects, have participated. Based on the analysis of the survey data, the most severe and frequently occurring BIM risks and their potential mitigation strategies were identified and discussed in this paper.

• Journal of Arbitration Studies
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• v.27 no.2
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• pp.59-81
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• 2017

The purpose of this study is to find a solution to disputes in the process of producing digital music sources. At present, the center of the world music market including the domestic market has been completely transformed from the tangible musical record market to the intangible sound source market. Due to these environmental changes, the music production process becomes industrialized and specialized, causing conflicts of interest among the individuals in the process. First of all, this study examined changes in the music market which is the background of the dispute, identified the problems of the process and suggested solutions while summarizing the meaning and role of each process of producing a sound source that may arise during the sound production process. This study covers plagiarism between producers, copyright infringement of the creator against assistant creator caused by the industrialization and division of the production environment, issues related to the rights of sound engineers whose role and importance become bigger as acoustic technology develops and music genres become more diverse, and vertical hierarchy due to the formation of oligopoly by several distributors with huge capital. As a result of the study, it was concluded that Alternative Dispute Resolution (ADR) system is suitable for solving these problems. Specific methods of using ADR include activation of the dispute settlement system of the Korea Copyright Commission, active use of the arbitration clause specified in the standard contract, and recalculation of labor costs and earnings from copyright through mutual negotiations. This paper can be differentiated from previous studies in that it studied overall problems that might arise in the process of digital music source production and suggested ADR utilization as the solution.

• Journal of Environmental Policy
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• v.14 no.1
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• pp.113-134
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• 2015

In new housing demand, proportion of occupied multi-housing is 89.9% (statistics from 2013). In this way, with many generations living together, apartment noise disputes between the neighbors are continuously rising. The apartment noise problem in Korea is at a very serious level worldwide (about 88% of the population is experiencing stress due to apartment noise). On the other hand, the government has strengthened the regulations (such as the thickness of the floor and floor impact sound reduction performance, etc.) and promoted a resolution of its own for each multi-housing estates for mediating disputes on apartment noise. However, such physical regulations and passive management policies still presents a limit to the dispute mitigation of apartment noise. Also, in order to improve the quality of life in living spaces, policy on health effects of apartment noise should be provided. Therefore, we investigated a case study of the noise exposure-human body reaction to analyze the effect of noise on health. On the basis of this, the health effects according to the exposure period of apartment noise were considered.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.26 no.1D
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• pp.115-123
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• 2006

Recently, construction claims have been increased for protecting the rights of construction participants and effectively adjusting the changes under the contract. Thus, the importance of claim management has been emphasized in the construction industry. In domestic construction industry, some claim issues involved in construction activities are often being developed into disputes and even litigations because of the absence of methods or systems for the dispute resolution, and the lack of judicial precedents which can be provided as the references for resolving a particular dispute. In general, the judicial precedents related to the disputes and litigations occurred among construction participants would be extremely valuable in evaluating and analyzing current claims issues. However, such useful information has not been effectively accumulated and utilized in resolving the similar or sometimes identical types of disputes, thus requiring a large amount of additional costs, time and efforts. The primary objective of this study is to propose a web-based decision support system for construction claim management, which enables contractual participants to easily access and use the information of the judicial precedents related to the current construction claims. The decision support system is composed of 'prevention' and 'settlement' modules for avoiding and systematically resolving the construction claims.

• Proceedings of the KSEG Conference
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• 2000.04a
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• pp.3-18
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• 2000

Engineering projects often run into "difficult" ground donditions which cause delays, failures, hugely increased costs or even abandonment with consequent disputes and claims. Pertinent questions are "what constitute difficult conditions\ulcorner" and "how might they be foreseen\ulcorner" and these questions provide the focus for this paper. Geological, geotechnical and hydrogeological models for engineering projects(simplified representations of the ground) need to be developed in a systematic manner. Within these models, the potential hazards associated with material (small) and mass (large) scale attributes of the geology, the environmental setting and the influence of the engineering works themselves need to be considered individually and in a progressive, systematic manner. This paper introduces the concept of a Geotechnical Hazard Review with reference to examples from various engineering works.

• International conference on construction engineering and project management
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• 2011.02a
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• pp.526-533
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• 2011

Contracting is said to be a high-risk business, and a common cause of business failure is related to cash management. A contractor's financial viability depends heavily on how actual payments from an owner deviate from those defined in the contract. The paper presents a method for contractors to evaluate the punctuality and fullness of owner payments based on historical behaviour. It does this by classifying owners according to their late and incomplete payment practices. A payment profile of an owner, in the form of aging claims submitted by the contractor, is used as a basis for the method's development. Regression trees are constructed based on three predictor variables, namely, the average time to payment following a claim, the total amount ending up being paid within a certain period and the level of variability in claim response times. The Tree package in the publicly available R program is used for building the trees. The analysis is particularly useful for contractors at the pre-tendering stage, when contractors predict the likely payment scenario in an upcoming project. Based on the method, the contractor can decide whether to tender or not tender, or adjust its financial preparations accordingly. The paper is a contribution in risk management applied to claim and dispute resolution practice. It is argued that by contractors having a better understanding of owner payment behaviour, fewer disputes and contractor business failures will occur.

• Transactions of the Korean Society for Noise and Vibration Engineering
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• v.23 no.11
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• pp.982-986
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• 2013

The noise emitted from construction machinery has long been a cause of environmental disputes, especially to the nearby residents. In 2008, the Ministry of Environment adopted the construction machinery noise labeling system to encourage the development of the low noise construction machinery. After the implementation of the noise labeling system of the construction machinery, the noise emitted from the construction machinery has been decreased over the six years. But, as the quality of life improves, a growing number of people desire more comfortable and quite living environment. Under the situation, new systems like the low noise labeling system are considered to encourage the development of the low noise construction machinery. In accordance with the low noise labeling system, the construction machinery satisfying the standard of low noise are qualified to attach the low noise label in front of the products. Thus, the product qualified the low noise certification will be incentivized by the choice of the consumer. In this paper, we have studied the necessity of the low noise labeling system for the construction machinery and the considerations to adopt the low noise labeling system of construction machinery. And we have studied appropriate criterion to judge the low noise construction machinery. The considerations studied in this paper will be helpful to adopt the low noise labeling system of construction machinery in the future.

• Korean journal of communication and information
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• v.49
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• pp.57-80
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• 2010

This study examines how national newspapers interpret, evaluate and report the Korean grand canal and rebuilding four major rivers through the news writings. For this research, ChosunIlbo, the Hankyoreh Shinmun and HankukIlbo are selected. A total of 961 news writings are analyzed by using the concept of news frame designed by Gamson(1993). As a result, the findings are as follows: First, the most frequently reported news frame for ChosunIlbo is economic consequence; the Hankyoreh for ecological environment, and HankukIlbo for authoritative political execution by the administrative. Second, the most frequently interviewed group through all of the papers is the administrative and the ruling Grand National Party, the main body of rebuilding the Korean grand canal. On the country, voices of environmental protection groups, non-profit civic organizations and the ordinary people are reported rarely. Third, the ratio of authoritative political execution by the administrative and economic consequence are very high. Finally, in terms of the framing activity by the interviewed groups in the newspapers, ChosunIlb reports 'Outcome' the most frequently, the Hankyoreh does 'Loss-gain' & 'Process' and HankukIlbo 'Process' & 'Substantive'. Thus it concluded that ChosunIlbo does not play a role as a social mediator for the social disputes. However, the Hankyoreh and HankukIlbo try to represent environmental and civic organizations fairly.

• Journal of the Korean Society of Environmental Restoration Technology
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• v.24 no.6
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• pp.49-65
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• 2021

Although the Environmental Impact Assessment (EIA) is continuously being advanced, the number of environmental disputes regarding it is still on the rise. In order to supplement this, it is necessary to analyze the accumulated complaint cases. In this study, through the analysis of complaint cases, it is possible to identify matters that need to be improved in the existing EIA stages as well as various damages and conflicts that were not previously considered or predicted. In the process, we dervied 'complaint-based data demands' that should be additionally examined to improve the EIA. To this end, a total of 348 news articles were collected by searching with combinations of 'environmental impact assessment' and a keyword for each of the six assessment groups. As a result of analysis of collected data, a total of 54 complaint-based data demands were suggested. Among those were 15 items including 'impact of changes in seawater flow on water quality' in the category of water environment; 13 items including 'area of green buffer zone' in atmospheric environment; 10 items including 'impact of soundproof wall on wind corridor' in living environment; 8 items including 'expected number of users' in socioeconomic environment, 4 items including 'feasibility assessment of development site in terms of environmental and ecological aspects' in natural ecological environment; and 4 items including 'prediction of sediment runoff and damaged areas according to the increase in intensity and frequency of torrential rain' in land environment. In future research, more systematic complaint collection and analysis as well as specific provision methods regarding stages, subjects, and forms of use should be sought to apply the derived data demands in the actual EIA process. It is expected that this study can serve to advance the prediction and assessment of EIA in the future and to minimize environmental impact as well as social conflict in advance.