| Title |
A Study on the Characteristics of Contractor's Defects Liability in Construction Works |
| Authors |
Cho Young-Jun ; Hyun Chang-Taek |
| Keywords |
Contractor's Defects Liability ; Dispute ; Anglo-American Law ; Contractual Liability ; Liability for Defaults |
| Abstract |
Defects liability is that contractor shall guarantee the executed works and shall carry out the necessary repairs the date of final handing-over. This study deals with defective work but normal wear and tear. The nature of contractor's liability on the defective work has been interpreted by many researchers. Though many interpretations on the nature of the liability has been suggested, but still it is not defined. Therefore, many disputes for the liability may arise from the interpretation.
In Korea, when the contractor executes a construction works, he works as to he agreed, and he burdens a liability on defective works according to article 390 and article 667 in civil law. Construction contract is different from sales contract. So the difference lead to many conflicts about the defect liability between construction contract privies.
Therefore, the characteristics of contractor's defects liability were suggested in this study. It should be interpreted as a series of contract liability. Furthermore, to stop disputing for the liability, several alternatives compared with Anglo-American Law and German Civil Law were suggested.
In conclusion, contractor should have obligation to hand-over defectless works. Therefore the liability for defaults may be replaced the defect liability as liability for defective works in construction. |