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Legal Direction of Defect Warranty Liability in the Korean Construction Industry

  • Received : 2017.10.31
  • Accepted : 2018.01.17
  • Published : 2018.04.20

Abstract

The defects that are bound to arise in most construction projects cause disputes among the contracting parties regarding the defect warranty liability (DWL)guaranteed by the retention of the contractor's performance security at the end of the performance period of the contract. Most current projects involve a multiple-tier contractual relationship, causing the liability for some defects to overlap. In addition, many construction projects are made up of multiple detailed work types which an expert hired by the owner inspects the part completed by the contractor and pays an interim payment. However, after the completion of work, the contractor will still hold the defect warranty liability. In a scenario in which the work is delayed due to reasons for which the owner is responsible, the defect warranty liability period is also increased, imposing an additional burden on the contractor. In this study, basic research was carried out with the goal of reducing problems related to defect warranty liability Problems related to defect warranty liability cases and the nature of the defect warranty liability period were investigated. Possible solutions to the problems caused by the DWL that were suggested include the separation of the negligence liability period and the strict liability period, as well as the introduction of a retention money system.

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References

  1. Lee ES. Improvement direction for defects liability system of multi-Family housing in korea. Seoul(Korea): Construction & Engineering Research Institute of Korea; 2002. 87 p.
  2. Choi, MS. A study on the rationalization of defects liability in construction works. Journal of the Architectural Institute of Korea. 2003 Jan;19(1):137-46.
  3. Doo SK. Appropriation of defect warranty liability period and an introduction of construction defect insurance under consideration. Seoul(Korea): Construction & Engineering Research Institute of Korea; 2004. 123 p.
  4. Cho YJ. Direction of CM services defect liability in the CM contract. Journal of the Korea Institute of Building Construction. 2013 Jun;13(3):209-17. https://doi.org/10.5345/JKIBC.2013.13.3.209
  5. Lee SB. A study on the improving direction and institutional character of defects liability in construction works. Journal of the Regional Association of Architectural Institute of Korea. 2009 Mar;11(1):175-82.