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건축공사 계약해지에 따른 비용산정에 관한 연구

A Study on the Cost Estimation in Case of Termination in the Building Construction Contract

  • 발행 : 2003.06.01

초록

Financial difficulties and claims frequently stop construction works and cause subsequent contract cancellations. However, as the criteria to assess costs have not been established, many cases of legal disputes over the assessment of cancellation costs are taking place and the concerned parties are suffering the loss of time and money. Therefore, the present research aimed at developing a rational and systematic model of cancellation cost assessment following the cancellation of contracts. The research was carried out in the following methods and scopes. 1 ) The research was focused on the assessment of fair cancellation costs from constructors' side for contracts cancelled by any causes for which the owners have liability. 2) To obtain basic materials about cancellation cost assessment methods, contracts, claims, contract cancellations and construction-related laws at home and abroad were examined. 3) A cost assessment model was developed for systematization and efficient operation of cancellation cost assessment, and the reliability and efficiency of the proposed model was verified through a case study. The conclusions drawn from the research are as follows. The importance of the cancellation cost assessment model was confirmed as, using the cancellation cost assessment model, direct cancellation cost and indirect cancellation cost could be assessed systematically, the number of disputable items could be reduced because reasonable evidences of actual spending were presented, and the loss of constructors could be minimized because systematic and rational cost assessment became possible for many disputable cases of indirect cancellation cost, which the constructors had been unable to prove so far though having spent.

키워드

참고문헌

  1. 공사계약 일반조건 (회계예규 2000.04-104-9.2001).
  2. 건축공사 표준계약 일반조건, 1999.
  3. 민간건설공사 표준도급계약 일반조건, 1999.
  4. 실비산정 기준 (회계예규 2200.04-148- 1. 1998).
  5. 원가계산에 의한 예정가격 작성준칙, (회계예규2200.04-105-7.2001).
  6. 이재섭, 계약해지시 대가 산정방법의 개선, 건설산업연구원 제35호, 1998.
  7. 김경래, 국내공사 계약일반조건의 개선방안, CERIK 건설산업동향, 한국건설산업연구원, 1996.8
  8. 박준기, 건설계약론, 동화기술, 2001.
  9. 이재섭, 공기지연에 따른 손실비용 산정기준, 한국건설산업연구원, 1999.
  10. 이재섭, 판례/사례분석에 의한 클레임관리방안, 한국건설산업연구원 보고서 제34호, 1998.
  11. 김성배 외 2인, 우리 나라 건설분쟁 사례연구, 한국건설산업연구원, 2001.
  12. 일본 건설성, 공공공사 표준청부계약약관
  13. 건설계약 및 클레임 실무과정, 한국건설산업연구원 보고서, 1999.
  14. FIDIC, General Conditions of Contract for works of Civil Engineering Construction, Federation International des Ingenieurs Conseils, 1991.
  15. James J. Adrian, Construction Claims - A Quantitative Approach-, Stipes Publishing Co., 1993.