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Definitions
Difference Between Claims and Disputes
Disputes
Claims
*http://www.echarris.com/pdf/EC%20Harris%20Construction%20Disputes%202013Final.pdf
Labor Productivity
Design and Construction Defect
First Case (duration from application to resolution: 4 months, 2 hearings; faulty construction work)
This was a dispute based on the contract for construction of a new house in which an individual applied for conciliation stating, "the accused party (contractor) should pay me (the applicant) 36 million JPY for repair and construction work delays due to defects in building construction and that the applicant would like to make an additional request concerning the responsibility to let the applicant build on a planned road." The accused party replied, "we built according to the contract and agreements, and the problem of the planned road was explained by the person in charge."
This case was concluded through conciliation in which "the obligation of the accused party to pay 30 million JPY for this conciliation case was acknowledged."
TYPES
Suspension and Termination Claims
Force Majeure Claims
Differing Site Conditions Claims
Acceleration Claims
Case 2 (Duration from application to resolution: 3 months, 2 hearings; construction money)
This was a dispute based on a building construction work contract for a private home in which a subcontractor applied for conciliation stating, "the accused party (master contractor) must pay the applicant 7 million JPY for changes in the construction work." The accused party replied, "the estimate for the change in construction work was made without agreement, and the demanded sum is too high."
This case was concluded by conciliation in which "the accused party acknowledged that the unpaid construction work money was 3.6 million JPY."
References
Construction Delay
Solving Claims and
Disputes
1)http://www.echarris.com/pdf/EC%20Harris%20Construction%20Disputes%202013Final.pdf(may,2014)
2)http://www.interface-consulting.com/construction-claims-and-disputes/(may,2014)
3)http://commitmentmatters.com/2010/06/01/contract-claims-disputes/(may/2014)
4)http://www.acquisition-intl.com/index.php/awards/ai-awards-faq/204-resolving-disputes-in-the-construction-industry(may,2014)
5)http://www.mlit.go.jp/sogoseisaku/1_6_hf_000146.html(may,2014)
1)Court
2)Disputes solving companies
3)Experts and Associations