Expertise

Construction

overview

The construction industry requires prompt and thorough legal services in order to properly address conventional disputes as well as new and complicated matters continuing to arise in connection with rapidly changing society and economy. In-depth knowledge and understanding of this industry is essential to provide the proper legal service the clients need in an effective manner. Shin & Kim’s Construction Disputes Practice, a team of experts capable of resolving a wide range of disputes, has grown with the trust of our clients by assisting them, through retaining best experts in wide range of issues, assigning them in the right place and achieving successful results. Our Construction Disputes Practice with a close collaboration with other practice teams such as real estate, trust, PF, SOC and finance teams is able to provide the legal service of its highest quality in resolving in a rapid and efficient manner any construction-related disputes that our clients may encounter in the course of their business, including civil, administrative and criminal cases that require expertise of the relevant fields.

Key Services

With respect to the construction industry, Shin & Kim provides clients with advice to and representation of the matters as follows: 

  • Construction payment (including overhead costs and design changes) and liquidated damages for delay in projects.
  • Defects in buildings and structures including apartments and commercial buildings.
  • Joint ventures and subcontracts.
  • Construction-related injunctions including injunctions for the suspension of construction works. 
  • Bid-related cases including a declaratory judgement of winning bidder status. 
  • Project financing, real estate developments and investments.
  • Re-construction, re-development and urban improvement and development projects.
  • The right to sunlight, the right to view, or other environmental damages due to noise, vibration or inhalable dust. 
  • Real estate sales agreements and advertising agreements.
  • Construction permits, approvals and administrative matters.
  • Safety accidents.
  • Letter of credits, guarantees, surety insurances for construction projects.
  • Design subcontract agreements and other types of construction-related works. 
Experience
Shin & Kim handles a wide range of construction-related matters. Our representative experiences are as follows:
  • Representation of a railroad company in rent increase of a build lease transfer project resulting from price inflation and design change (Jeolla Railroad v. KoRail).
  • Representation of a construction company in payment for apartment construction projects in Seongbuk-dong (GS E&C v. Eleven D & C).
  • Representation of a company in project financing on the relocation of Yeongdeungpo Correctional Institution and the development of the land after the relocation (SK E&C, et al. v. LH Corporation).
  • Representation of a company in payment for construction projects and defect repairs of Wolmi Monorail (Incheon Transit Corporation v. Hanshin Engineering).
  • Representation of a company in preliminary injunctions to prohibit the payment of the letter of credit relating to a local oil-refining facility project in Mexico (SK E&C v. Korea Exchange Bank, et al.).
  • Representation of a company in damages to gas turbine blades (Hyundai Heavy Industries v. Incheon Airport Energy).
  • Representation of a company in a fire accident in the expansion project of Home Plus (Hanmi Global, et al. v. Samsung Fire & Marine Insurance).
  • Representation of a company in cost-bearing for the noise reduction at the Administrative City project site (POSCO E&C v. LH Corporation).
  • Representation of a company in adjustments to the PS item costs (Taeyoung E&C v. SH Corporation).
  • Representation of a company in criminal case relating to a ventilation grate collapse in Pangyo Techno Valley.
  • Representation of a company in silo collapse in Yeosu (eTEC E&C v. Kumho T & L).
  • Representation of a company in design change on the volume of earth cut in a civil engineering work for a golf course (Samho Development v. IAV Construction).
  • Representation of a client in design outsourcing cost for the house re-construction project (Samha Architecture v. Bangbae District 5 Association).
  • Representation of a company in class action against SK Incheon Petrochem relating to environmental issues arising from a petrochemical plant.
  • Representation of a company in relocation and removal of structures in the course of urban development projects in Gimpo Pungmu-2, Cheongju Homi and Euiwang Baekun Districts.
  • Representation of a redevelopment association in Lawsuit between two redevelopment associations seeking the cancellation of the designated districts reserved for replotting.
  • Representation of a company in set-off between the share refund payables of the members who left the Busan International Finance Center Complex Development Project Consortium and the receivables of the remaining members (Hyundai E&C, et al. v. TEC Construction).
  • Advice to an urban development project in Goyang Siksa District and a district unit planning project in Gwangju Taejeon District.
  • Advice to urban improvement projects, including Gaepo Siyoung reconstruction association and Geumho 15 District redevelopment project.
  • Advice to conversion for sale the share of Hannam The Hill apartment complex designated as rental housing.