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  4. Advice on Bidding for Construction Contract, Construction Site Contract Management, Adjustment of the Contract Price for Construction Work

Advice on Bidding for Construction Contract, Construction Site Contract Management, Adjustment of the Contract Price for Construction Work

  • Practice Areas Introduction
  • A variety of disputes arise in the process of executing agreements and carrying out the construction work because construction work requires a certain construction site and a lot of time and costs for a long time and involves complicated processes and various interested parties. Especially, most contractual relationships in the public sector, except for private contracts, are formed through bidding and they pass through the stages of bidding, contract execution, performance, and the close. Thus, each dispute in the stage of bidding, contract execution, and contract performance, respectively, has different characteristics. Particularly, in the process of construction performance, disputes over the adjustment of the construction costs and the penalty for delay, etc., caused mostly by the design change, price fluctuations, and extension of the construction period, etc., occurs frequently and therefore, timely assistance from the attorneys with extensive experience and expertise in the construction claims is much needed. In particular, as for the contracts in the public sector, because the terms of the contract are determined in advance unilaterally by the ordering party through bidding, and the terms and types of the contracts are complicated and involve many areas, it is rare that the parties to the contract sufficiently consult about and discuss the terms of the contract at the stage of contract execution. Therefore, consultation and adjustment in the course of construction performance are very important and prompt traveling to the site by and legal advice from the attorneys are required. In addition, unlike the private construction field where the transacting parties are equal constructors, the transacting parties in the public sector are the state or public organizations, who are the ordering party, on the one hand and the constructors on the other hand and thus, unfair trading practices or unfair contractual terms often become an issue in the process of contract execution and contract performance in that the unequal bargaining position between the parties is obvious. Therefore, assistance from the attorneys with extensive experience in handling cases in the area of fair trade in relation to construction is also needed.

     

    Hankyul’s construction and real estate team has wide experience in handling construction claims, having represented numerous construction companies and ordering parties, especially in the public sector, and for numerous large-scale construction projects in particular, continually travels to the site and provides on-site advice through a retention agreement on a site by site basis. In addition, we also consult with or participate in the mediation with the ordering party or the constructor on client’s behalf if necessary and prepare and review the documents relating to the claims. Furthermore, we handle construction litigations and construction arbitration cases as well.
  • Practice Areas
  • -       Advising on and resolving disputes over the matters relating to bidding such as purchase, services, and construction, etc.

    -       Advising on the adjustment of contract price due to design change, price fluctuations, and construction period extension, etc.

    -       Advising on the construction site contract management

    -       Advising on the management of various claims at the construction site and preparing the documents relating to the claims

    -       Traveling to the site and counseling by a communications system

    -       Consulting with the ordering party and participating in the mediation on client’s behalf

    -       Advising on the Monopoly Regulation and Fair Trade Act pertaining to construction (unfair trading practices, improper concerted acts, subcontracting, unfair contractual terms, and improper labels and advertisements, etc.)