Since the first General National Land Development Plan in 1971, our nation has been rapidly industrialized and urbanized with the rapid increase of housing demands. However, the quantitative supply of housing has resulted in poor quality houses. On th...
Since the first General National Land Development Plan in 1971, our nation has been rapidly industrialized and urbanized with the rapid increase of housing demands. However, the quantitative supply of housing has resulted in poor quality houses. On the other hand, our national economy has developed rapidly, people's life styles have changed and they want to live in quality houses. After all, the gap between existing houses and new ones has widened much, and therefore, people's desire for reconstruction of their houses has increased.
In response to such a desire, the government revised "Housing Construction Promotion Code" in December, 1987 and its regulations in February, the next year in order to specify the reconstruction projects, and thus, reconstruction was promoted institutionally.
However, reconstruction projects without a general urban planning have caused various problems: worsening traffic environment, lack of the urban infrastructure, problem of tenants, real estate speculations, distortion of housing markets, distrust among neighbors, etc. Despite such problems, however, reconstruction or redevelopment is expected to be more prevalent more due tonarrow national land, high population density and limited supply of housing site. After all, we have no alternative but to improve the reconstruction system.
With such basic conceptions in mind, this study was aimed at suggesting the reform measures for the general contracting conditions for reconstruction projects whereby the disputes between housing cooperatives and constructors regarding settlement ofthe construction cost can be solved and the mutual interests and cooperation can be ensured to a maximum degree.
Contracting conditions are set through mutual agreement between concerned parties, and therefore, they must not be set unilaterally in favor of either party. In particular, numerous cooperative members are involved in a reconstruction project. So, if the members suffer a damage due to a trifle problem, not only a group complaint may arise but also the reconstruction may be delayed, causing a huge loss to the society. A reconstruction project requires a contract between cooperative and constructor. Ifthe contract conditions are not clear, a serious dispute may arise between the concerned parties.
In this study, the standard contract for reconstruction arranged by the Ministry of Construction and Transportation and actual contracts were analyzed comparatively to identify the provisions which may cause a dispute between cooperative and constructor, and thereupon, relevant codes, systems and literature were examined to suggest their reform measures, which were referred to professionals.
The reform measures are suggested as follows by provision;
First, it is deemed necessary to clearly specify the responsibilities between cooperative and constructor regarding the reconstruction project. In this context, the responsibilities for fulfilling the conditions for approval of the project need to be included in the main contract except for the temporary contract.
Next, it is necessary to carefully indicate the contract price in consideration of the consumer price fluctuations and the possibility of the contract price adjustment. On the other hand, the date of completion of the construction may well be set onthe day when the certificate for approval of occupancy is issued.
It may be desirable to select one out of the various methods suggested for warranty of the contract, but in order to reduce the risk on the part of the cooperative, it is essential to determine the joint surety. Then, in case of a bankruptcy on the part of the constructor, the reconstruction may continue without a big loss on the part of the cooperative.
It is desirable not to set any upper limit for the penalty. If such a limit should be specified in the contract, a provision needs to be arranged to allow the cooperative to cancel the contract. Then, all losses due to the cancellation of the contract will be borne by the constructor.
Moreover, it is necessary to designate an auditor who is authorized to supervise the construction process or change of the design as well as control the supervisors, while the auditor should be independent from the supervisor.
In case of a force majeure, the cooperative shall be responsible for the work performed according to the strict liability principle, while the constructor be responsible for the work unperformed.
In addition, the contract price should be adjusted in consideration of changed design and consumer price fluctuations and according to the general construction contract conditions arranged by the government in order to minimize the disputes between cooperative and constructor.
In case the construction is delayed due to the weather, it is deemed reasonable to re-estimate the construction period inconsideration of rain, wind and other weather conditions, and thus, remove a provision allowing the constructor to delay the construction work arbitrarily.
It is deemed necessary to allow the constructor to adjust the contract price only for the period from a temporary contract to approval of the project or the main contract, as specified by the current standard contract, and thereby, strictly control the change of the contract price thereafter. In addition, the price fluctuations during the construction period may well be reflected in the contract price.
In order to make transparent the reimbursement of construction cost and the financial management, an outside professionalshould be consulted. If a mechanism managing the fund and controlling it should be arranged, it is desirable to open a joint bank book.
Originally, this study attempted to survey the cases of disputes between cooperatives and constructors and thereby, suggest a draft contract, but due to the lack of the data, comparatively analyzed the standard contract for reconstruction project arranged by the Ministry of Construction and Transportation and actual contracts. Since much more reconstruction projects are planned afterwards, it is hoped that this study will be followed up by future studies which will collect the data regarding the disputes between cooperatives and constructors, and thereupon, improve the subcontract conditions for the reconstruction projects.