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Engineering & Construction

Overview

In advising large construction companies, Kim & Chang’s Engineering & Construction Practice has set multiple precedents related to large-scale contract cases, cases involving administrative sanctions such as restrictions on bidding participation, criminal cases related to negligence, embezzlement and tax evasion, and criminal cases caused by industrial accidents.  

Expanding the scope of its clients, the Engineering & Construction Practice also provides customized comprehensive services to all parties involved in disputes, including developers and mid-sized construction companies. 

Kim & Chang’s Engineering & Construction Practice strives to provide the most optimal service and satisfaction to clients over the entire course of disputes by introducing a full-service solution that stretches from preliminary consultation stages to later stages requiring responses to administrative agencies, investigative agencies and courts. 
 
This full-service solution is made possible through our lawyers and industry experts who bring diverse work experience from the courts, prosecution, police force, Ministry of Land, Infrastructure and Transport, Korea Fair Trade Commission, Ministry of Trade, Industry and Energy, and various construction companies.  We gather these experts together to organically form a team that finds the best way to resolve disputes.

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, Reconstruction Projects and Housing Associations

We represent our clients in various disputes involving housing redevelopment projects, housing reconstruction projects and housing associations, 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) and sanctions against inappropriate business entities.

 

Contract Review and Drafting

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

Key Experienceshow

Our clients include large construction companies, mid-sized 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 responded to civil, criminal and administrative disputes related to serious accidents that occurred at construction sites.
  • 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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