| Title |
A Study on a Three-Track Ex-Post Settlement Model for Indirect Cost Disputes in Public Construction Projects |
| Authors |
오성운(Oh, Seong-Un) ; 한상원(Han, Sangwon) |
| DOI |
https://doi.org/10.5659/JAIK.2026.42.7.383 |
| Keywords |
Public Construction Projects; Prolongation Indirect Costs; K-means Clustering Analysis; Jenks Natural Breaks; Three-Track Post-settlement Framework; Practical Constraint Factors |
| Abstract |
Public construction contract extensions often generate time-dependent indirect costs, yet the current uniform negotiation framework does not
adequately account for differences in evidentiary strength and dispute risk. As a result, negotiations frequently reach deadlocks and progress
into litigation. This study investigates whether the procedural design of a single-track settlement system contributes to these inefficiencies.
Using K-means clustering to analyze 116 court and arbitration cases between 2005 and 2025, the findings show that while statistical
indicators initially support a two-cluster model, a three-cluster model more effectively captures the layered nature of construction disputes. The
analysis identifies three distinct categories with high, intermediate, and low award rates of 89.2 percent, 61.1 percent, and 24.9 percent
respectively. Significant differences appear between these groups according to ANOVA testing with F = 396.91 and p < 0.001, while claim
size shows no meaningful relationship to the outcomes according to chi-square analysis with χ² = 5.67 and p = 0.225. In addition, the
three-cluster structure demonstrates consistent reliability through Elbow analysis, Jenks Natural Breaks cross-validation, and bootstrap
resampling. Based on these findings, the study proposes a Three-Track Post-Settlement Framework consisting of Streamlined, Standard, and
Strict pathways. The framework introduces objective classification criteria and institutional safeguards designed to reduce defensive
administration and improve settlement efficiency. |