Construction
"Bae, Kim & Lee LLC has great breadth of expertise, with connections to external advisers from senior industry and government backgrounds to address difficult and niche issues."
- The Legal 500 Asia Pacific
Overview
BKL prides itself on establishing the first-ever construction and real estate practice group in Korea and building up a massive amount of database and experience in handing the cases involving construction and real estate.
Unrivaled Experience and Expertise
The construction and development of and various transactions involving real estate, the essence of which is often considered to create something out of nothing, has always been exposed to a variety of complex legal issues. To satisfy the sophisticated legal needs of its clients, BKL organized a specialized construction and real estate practice group in the late 1990s, the first of its kind in the Korean legal community. The group has since handled high-profile cases in Korea and overseas, thereby building up unparalleled experience in a wide array of issues. Further, its team of recognized professionals with decades of experience in the courts, the Ministry of Land, Infrastructure and Transport and law firms collaborates seamlessly to provide swift and tailored legal solutions, achieving a high success rate in construction litigation.
Top-Ranking Service Provider Recognized by Clients in the Construction and Real Estate Practice Area
Based on clients’ trust, BKL has ranked first in the construction and real estate field in the “Best Law Firm” survey conducted jointly by Law Times Korea and Korean In-House Counsel Association for multiple years. It also garnered top-tier recognition from leading overseas media.
Key Services
Large Scale Construction Project Contracts
Advised and represented clients in the preparation and review of contracts involving large-scale construction projects including turn-key base and alternative bidding, negotiation and/or adjustment of contract amount and claims
State Contracts and Bidding
Advised and represented clients in connection with bidding and contracts to which the state, local government, public institution or local public enterprise is a party under the Act on Contracts to Which the State is a Party, the Act on Contracts to Which A Local Government is a Party, the Act on the Management of Public Institutions and the Local Public Enterprises Act, respectively
General Construction Projects
Advised and represented clients on various contractual issues including construction costs, defect repairs, liquidated damages, inspection for approval to use, damage compensation, adjustment of contract price following the change of design, various types of guarantees and collaterals, and consortium issues including cost sharing
Advised and represented clients on environmental issues (e.g., sunlight, view, noise and light reflection), industrial accidents, sub-contracting, insurance, labor, compensation for loss and various other construction appraisal
Large Scale Real Estate Development Projects
Advised and represented clients on reconstruction and redevelopment projects under the Act on the Improvement of Urban Areas and Residential Environments
Represented clients on district planning and urban planning facilities projects under the National Land Planning and Utilization Act
Represented clients on urban development projects, industrial complex development projects, enterprise city development projects, tourist facilities complex development projects and free economic zone development projects
SOC Projects
Represented clients on implementation agreement, the incorporation of project companies, shareholders agreement and financial agreements such as senior and subordinate loan agreements, management & operation agreements, design service agreements and construction supervision agreements in connection with infrastructure projects including roads, railroads, ports, canals, energy facilities, and information and communication facilities
Real Estate Trust Businesses
Advised and represented clients on real estate disposition trust, collateral trust and development trust including land trust for unit sale
Overseas Real Estate Development and Overseas Construction Projects
Advised and represented clients on overseas development projects for buildings, resorts, oil fields, various plants and roads, bidding for overseas construction contracts, review and negotiation of contract terms and conditions, claims and overseas real estate development projects
Arbitration
Advised and represented clients in arbitration cases involving construction, plant and civil engineering projects in relation to construction costs, defect repairs, liquidated damages, compensation for damage and adjustment of contract price
Administrative Litigation Cases
Advised and represented clients in cases involving administrative sanctions under construction-related laws and regulations including, among other things, the restriction on bidder eligibility, business suspension, designation of development restriction zones and development gains charge
Advised and represented clients in cases involving administrative sanctions related to business licenses and permits under the applicable laws and regulations including, among other things, building permit, approval of business plan, development permit and substitution of land lot
Fair Trade Cases
Advised and represented clients in cases involving violations of the Monopoly Regulation and Fair Trade Act including bid rigging
Advised and represented clients in cases involving violations of the Fair Transactions in Subcontracting Act
Criminal Cases
Advised and represented clients in cases involving criminal penalties arising from violations of the Framework Act on the Construction Industry, the Industrial Safety and Health Act and the Fair Transactions in Subcontracting Act
Advised and represented clients in cases involving criminal penalties arising from violations of the Serious Accidents Punishment Act
Advised and represented clients in cases involving various criminal law issues related to construction work sites including obstruction of business, joint property damage, interference with bidding and breach of fiduciary duty
Practice Areas
Representative Cases
Represented a client in a case seeking the payment of additional construction costs incurred by the change of design of new building of Seoul City
Advised and represented clients in civil or administrative cases involving Suseo-Pyeongtaek High-Speed Railway Construction Project, Project for Restoration of 4 Major Rivers in Korea, and the naval base construction project, and claims for the adjustment of contract price in relation to Ilsan Kintex, U.S. military base relocation project, and Samcheok-Donghae Expressway Construction Project
Represented a client in a case seeking the compensation for damages arising out of light reflection and infringement upon sunlight right from the building of a large corporation
Represented a client in a case involving Yongsan station influence area development project
Advised and represented a client in a case involving Heonin Village Urban Development Project
Advised and represented a client in relation to Incheon Songdo and Cheongna Free Economic Zone Development Project
Represented a client in an international arbitration case involving Incheon Songdo New City Development Project
Handled various disputes arising in connection with reconstruction associations and redevelopment associations
Advised and represented a client in the case involving public-offering type project financing including Sangam DMC and Eunpyeong New Town Central Business District Development Project
Advised a client in a case involving a preliminary injunction for non-performance of obligation to ensure the completion of works due to a force majeure event
Advised and represented clients in connection with various large scale SOC projects including Incheon International Airport Railroad, Suseo High-Speed Railway, Seoul Metropolitan Subway Line 9, Gyeongin Canal and Second Outer Circumferential Expressway
Represented clients in arbitration cases involving large-scale construction and civil engineering projects including claims for payment of construction costs of Chuncheon Energy Combined Heat and Power Plant, claims for payment of construction costs of Shin-Boryeong Thermal Power Plant, and claims for compensation for damages arising out of Gwangyang Synthetic Natural Gas Production Plant
Represented a client in an administrative case involving the selection of preferred bidder in bidding for Incheon Songdo New City Development Project
Represented a client in a case involving the restriction on eligibility to participate in bidding in relation to lowest price bidding system
Represented a client in a case seeking an injunction for the suspension of bidding procedures in a high-tech IT complex in Sangam-dong, Seoul
Represented a client in a case seeking the injunction for the suspension of qualification review procedures in Busan-Ulsan Highway Construction Project (Section 9)
Represented a client in an international arbitration case involving Songdo International Business District Project
Advised a client on the response in relation to the violation of the Serious Accidents Punishment Act at the construction work site for the Metropolitan Subway Shinansan Line
Advised a client in connection with the criminal response related to the provision of illicit benefit under the Framework Act on the Construction Industry
Key Contacts
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Jung Myun OhManaging PartnerT. +82-2-3404-0151 -
Jaewoo SongPartnerT. +82-2-3404-0193 -
Hyun BeomPartnerT. +82-2-3404-0194 -
Dongsu LeePartnerT. +82-2-3404-0189 -
Choulkyoo ParkPartnerT. +82-2-3404-0657 -
Hosuk BaikPartnerT. +82-2-3404-0686 -
Kyongwon SeoPartnerT. +82-2-3404-0453 -
Kihoon ChoiPartnerT. +82-2-3404-0936
