| Title |
Investigation of Disputes for Nominated Sub-contractor(NSC) ?Focused on the Judicial Precedent of NSC issues in Singapore, Malaysia and Hong Kong? |
| Authors |
Cho, Jaeyong ; Kim, Junggon ; Park, Hyeonggeun ; Kim, Youngsuk ; Lee, Boknam |
| DOI |
http://dx.doi.org/10.6106/KJCEM.2015.16.6.112 |
| Keywords |
Judicial precedent ; Nominated subcontractor ; Dispute ; Singapore ; Malaysia ; Hong Kong |
| Abstract |
Many disputes are happened with various causes in overseas construction projects. One of major disputes is closely related with nominated subcontractors (NSC). This paper investigates 30 judical precedents for Singapore, Malaysia and Hongkong to analyze the detailed disputes related with the NSC, and then the judical precedents are classified into 6 categories: Delay and Defect Trouble (T1), Contract Relation (T2), Payment Trouble (T3), Set-off (T4), Liquidation (T5) and so forth (T6). According to the analytical results, the frequency of occurrence of disputes is considerably related with social and economical changes, and the dispute between NSC and employer for residential and commercial building projects is the most frequently happened case. As the results of analysis, therefore, it is concluded that the employer needs to response aggressively to the problems related with NSC, and it is also important to make the council for communication among related bodies. Furthermore, the institutional reform that make the role and the responsibility of employer consistent under considering contract terms and conditions is considered as the most important and fundamental issue. |