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Engineering & Construction

Overview

Kim & Chang’s Engineering & Construction Practice has accumulated diverse experiences and capabilities on various legal issues relating to construction – e.g., advising clients on legal issues arising from the implementation of large-scale development projects (such as redevelopment, rebuilding, urban development), project financing, private investment projects, and large-scale construction work, to offering the most efficient solution, establishing advanced response strategies, and to resolving related disputes.  

Additionally, we offer a comprehensive one-stop service that includes initial response to various industrial accidents, prompt advice on civil, criminal and administrative issues, the best solution tailored to each client, and response to civil, criminal and administrative litigations.

Through our in-depth expertise in the construction sector, wide-ranging experience, and close collaboration with other practices at our firm, we are able to provide comprehensive and innovative legal advice.  In particular, our greatest strength is in providing optimal legal advice that meets the needs of our clients by presenting the most suitable solutions to various legal issues based on our deep understanding of the construction sector and our extensive professional experience. 

Key Servicesshow

The Engineering & Construction Practice provides legal advice and representation in litigation and arbitration cases related to various construction-related issues. 

 

Legal Counsel and Representation in Civil and Criminal Litigation, Arbitration and Administrative Actions in the Construction Industry

The construction industry is unique in that it raises diverse and complex issues related to capital, technology, and human capital in a highly-regulated environment.  We advise our clients on issues that they often face under various laws that regulate the construction industry, such as the Framework Act on the Construction Industry, the Act on Public-Private Partnerships in Infrastructure, the Act on Contracts to which the State is a Party, the Housing Act, and the Building Act.

 

Further, we represent our clients in construction-related disputes in civil/criminal litigation, domestic and international arbitration proceedings, such as arbitration under the rules of the Korean Commercial Arbitration Board, International Chamber of Commerce, and London Court of International Arbitration, administrative litigation, and administrative proceedings and appeals (e.g., challenging restrictions on qualification for submission of bids in construction projects).

 

Domestic and Foreign Construction (Development) Business, Public-Private Partnership Projects, and Project Financing

We provide a wide range of legal services related to authorizations and permits for business development and public-private partnership projects.  We continue to provide the highest quality of legal services for all our clients, and in close cooperation with foreign law firms, where appropriate, we advise and guide our domestic clients, who are increasingly becoming more involved in foreign construction (development) businesses and projects. 

 

Redevelopment Projects and Reconstruction Projects

We represent our clients in various disputes involving housing redevelopment projects and housing reconstruction projects, which often raise challenging issues under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Housing Act, and the Building Act. 

 

Construction Safety Issues and Civil Litigations

We advise our clients on civil complaints related to construction safety issues or construction-related incidents, as well as preventive measures to guard against such issues and incidents.  We also represent our clients in related civil, criminal, and administrative actions.  

 

Claims Arising from Additional Construction, Construction Delay and Construction Interference

We advise and represent our clients in cases involving claims arising from or related to unpaid construction fees, change in orders and scope of work, liquidated damages, defects, construction delay, among others. 

 

Litigation and Advice on Government Construction Project Bidding

We advise and represent our clients in disputes relating to the government construction bidding process (e.g., bid selection).

 

Taxation, Accounting and Labor-Related Matters

We advise our clients on various matters involving, for example, ordinary wage disputes, tax investigations, and compliance issues.

 

Contract Review and Drafting

We review and draft construction-related contracts, and advise our clients on related legal and commercial issues.

Key Experiencesshow

Our clients include construction companies, real estate development companies, and other real estate & construction-related businesses. 

Representative matters that our Engineering & Construction Practice have worked on include:
 

  • Advised and represented clients on various issues for the approval of real estate development projects and trusts (development, management and collateral), as well as in disputes among development project entities or contractors.

  • Advised clients on various issues concerning the overall business process, including establishing urban development projects/urban improvement projects, conducting general assembly and board of representatives’ meetings, approving permits, and selecting contractors.

  • Represented clients in disputes related to the selection of business operators for private investment projects, and in operation-related disputes such as division of responsibility among co-investors.

  • Advised and represented clients on various issues related to the progress of construction projects, such as claims for additional construction payment due to design changes, adjustments of contract price and claims for out-of-pocket expenses, and other disputes due to suspension of construction work.

  • Advised clients on matters related to design change, process analysis and performance fulfillment of large-scale civil engineering, plant construction and hydraulic/tidal/thermal power plant projects.

  • Advised and represented clients on the process of large-scale harbor business development, change of business plans, and negotiation.

  • Represented clients in various legal disputes related to housing sales including cancellation of apartment purchase agreements and repair of defects.

  • Advised on various types of approvals concerning establishment and acquisition of golf courses and conversion to public golf courses, and represented clients in disputes related to golf course construction.

  • Advised on the sale of logistics facilities subject to the Act on the Development and Management of Logistics Facilities.

  • Advised on business licenses for collective energy projects, heat supply regulations, levies, and other related matters.

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