Professional Construction Attorney, "Responding to Construction Dispute, Careful Contract Management"

2019-12-30 12:31:12

Construction disputes continue to occur due to the cost of construction and various contents.

Such construction disputes are occurring both at home and abroad, and efforts to prepare countermeasures against construction disputes are being considered.

Representative contents of construction disputes are disputes between subcontractors and original business owners regarding additional construction costs.

When requesting the construction cost, it is a one-sided construction without approval or consultation when requesting the settlement of additional construction cost after completion of the construction.

Under Article 3 (1) of the Act on the Fair Subcontracting Act (hereinafter referred to as the Subcontracting Act), when a subcontracting work is performed, the contractor clearly states the details of the contract, such as subcontract payments and payment methods, before commencing work.

Although it is mandatory to issue a letter to the beneficiary, it only acts as a preventive measure.

Contract management is just as important and should be checked when contracting with overseas clients.

In case of disputes with client and subcontractor due to unilateral contract change of client, it is difficult to deal with contract management, local law, international arbitration and execution of arbitral award.

A clear scope of rights in the contract protects the interests and reduces damage even in the event of a dispute.

In the construction industry, contracts are not issued in writing depending on the company's status, but construction is performed by oral or order form, but this is unfair subcontracting.

Although the Fair Trade Commission has imposed sanctions, such as warnings and corrective orders against non-compliance in writing, it is necessary to make efforts to manage contracts in order to be protected in principle.

Jang Jeong-hoon, a construction expert at YK Law Firm's Real Estate Construction Center, said, “As a construction dispute continues, there are some areas that need to be written and checked.

If you do not check these parts, subcontractors who need to be paid for the construction, or the original business owners who suffered damage due to the lack of construction, may be unfairly disadvantaged.

For this reason, you should check what is stated in the contract and clarify what is not stated in writing.

In the event of a construction dispute, we need to deal with disputes promptly and closely with the help of legal experts such as construction attorneys. ”