Characteristics of Contractor’s Liabilities for Defects and Defective Work in Korean Public Projects

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.