Characteristics of Contractor’s Liabilities for Defects and Defective Work in Korean Public Projects
Publication: Journal of Professional Issues in Engineering Education and Practice
Volume 132, Issue 2
Abstract
Modern buildings and civil structures are complex undertakings and involve the use of a great variety of engineering methods and processes. Therefore most projects face the possibility of defects and defective work, which generally result in structures that cannot perform their originally intended roles. The characteristics of the contractor’s liabilities for defects are very controversial in Korea. There are two conflicting theories and one compromise between the two, concerning defect liabilities. One is liability in terms of the law, and the other is that in terms of the contract. These two kinds of liability are significantly different, varying in definition, scope of responsibility, period of responsibility, and other aspects. The purpose of this study is to suggest how to resolve potential disputes which might result from these differences through the analysis of current laws and their interpretation.
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Acknowledgments
The writers would like to thank attorney David Wells, who is working as an arbitrator and mediator of Construction Arbitration & Mediation LLC, and an adjunct professor at the University of Colorado at Boulder for his many valuable comments in regard to the viewpoint of American readers.
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Information & Authors
Information
Published In
Journal of Professional Issues in Engineering Education and Practice
Volume 132 • Issue 2 • April 2006
Pages: 180 - 186
Copyright
© 2006 ASCE.
History
Received: Sep 28, 2004
Accepted: Nov 14, 2005
Published online: Apr 1, 2006
Published in print: Apr 2006
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