• Title/Summary/Keyword: 건설계약

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Effect of Multyparty Contract in IPD Project Case study of USA and Korean Projects (IPD 계약은 IPD 프로젝트의 필수조건인가 - 국내외 사례조사를 통하여 -)

  • Yoo, Seungeun;Kim, Taewan;Yu, Jungho
    • Korean Journal of Construction Engineering and Management
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    • v.18 no.1
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    • pp.3-16
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    • 2017
  • Integrated project delivery (IPD) is suggested as an alternative to traditional delivery methods such as design-build (DB), design-bid-build (DBB), and construction management at risk (CMR). Many foreign research studies have approached IPD not only in the contractual aspect but also the work implementation method aspect. However, most research projects in Korea have focused on the contractual aspect of IPD for asserting that the characteristics are the critical matter. The Korean institutional and legal system does not permit the multi-party agreement; therefore, it is difficult to adopt IPD in Korea's construction industry. The researchers do not wait the system to be changed, but we do identify the possibility of adopting IPD in Korea in the perspective of work implementation method, except the contractual characteristics. Thus, the goal of this research is to identify one project that does not include IPD agreement but utilizes other IPD characteristics whose contractual results have similar performance to those that utilize all characteristics of IPD including agreement. This research is expected to enhance performance of the construction project in a Korean construction environment by embracing IPD characteristics as overcoming limits and bounds of the traditional delivery method.

분양계약시 '사전고지' 의무를 위반한 경우

  • Cha, Heung-Gwon
    • 주택과사람들
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    • s.199
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    • pp.90-91
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    • 2006
  • 분양 계약을 할 때 쓰레기 매립장이나 장례식장, 납골당 같은 회피시설의 존재나 건설 예정 사실에 대해 사업 주체가 숨기거나 축소하는 경우가 많다. 이러한 경우 수분양자는 분양 계약을 취소할 수 있고 유지할 수도 있는데, 각각의 경우에 대해 살펴본다.

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A Study on the Proper Methodology for Clauses of Delay Claim in the Accounting Regulation to Prevent Delay Claims (국내 회계예규상의 공기지연 클레임 관련사항의 개선방안)

  • Kim Jae-Wook;Lee Hak-Ki
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.287-291
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    • 2002
  • A construction claim is generally caused by several causes, and in the case of developed countries, the most fundamental problem in most claims is a delay claim. Also, it is predicted that the trouble will increase by this one in a domestic case as well. Even though the construction claims occurred by the delay claim are the most frequent ill construction project, it is very difficult to analyze due to the complexity of occurring forms. Therefore, the rational judgement and the solving method need to be concerned through the accurate understanding the clauses accepted in a international contract execution and a domestic contrail when the claim occurred. The purpose of this study is to present problems and improving methods by comparing FIDIC with a domestic accounting regulation in order to expand a general condition into the international contract condition.

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Systematic Improvement for Effective Operation of Long-Term Continuous Construction Contracts (장기계속공사계약의 효율적 운영을 위한 제도 개선)

  • Cho, Youngjun
    • Korean Journal of Construction Engineering and Management
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    • v.20 no.6
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    • pp.3-10
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    • 2019
  • The entire duration of the long-term continuous construction contract project cannot be expected when calculating the initial budget as the construction of the contract is carried out annually according to the budget composition. In addition, the statutes related to the defect liability and execution of contracts have not been established systematically in relation to the contract. Therefore, there are many problems at the actual construction site with regard to the defect liability or the performance of the contract in relation to the contract. In this study, the following improvement directions were presented for the efficient operation of the contracts: First, the defect liability is legal and should be specified in an Act rather than an enforcement decree. Second, if the parties to the contract vary in the following order in the contract, the special agreement should be specified in the enforcement decree. Third, in the event of an indirect cost due to the extension of the period of the long-term continuous work, the contingency items of the total project cost management policy should be utilized. Fourth, in the case of general construction contract conditions, clauses related to the purchase of the premium of the CAR, inspection, taking over, defect repair, and defect inspection shall be supplemented.

법령과 고시 - 표준하도급계약서 개정

  • 대한설비건설협회
    • 월간 기계설비
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    • s.233
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    • pp.47-54
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    • 2009
  • 공정거래위원회(위원장 정호열)는 지난 11월 6일 표준하도급계약서를 개정하고 이날부터 시행에 들어갔다. 개정된 표준하도급계약서는 발주자의 요청에 따라 설계변경이 이루어진 경우 증가된 물량 또는 신규비목의 단가는 설계변경 당시를 기준으로 산정한 단가와 이 단가에 낙찰률을 곱한 금액을 합한 금액의 100분의 50 이내에서 당사자간 협의해 정하도록 했다. 다만, 발주자의 요청 이외의 사유로 설계변경이 이뤄진 경우에는 종전과 같이 $\Delta$증감된 공사의 단가는 수급사업자가 작성한 산출내역서 상 단가를 적용하고 $\Delta$신규비목의 단가는 설계변경 당시 기준으로 작성한 단가에 낙찰률을 곱한 금액을 적용토록 했다.

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Directions to Introduce Warranty Contraction for Pavements in Korea (도로포장 성능보증(Warranty)계약제도 도입방향)

  • Kim, Tae-Song;Koo, Jai-Dongl
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2007.11a
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    • pp.987-990
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    • 2007
  • Warranty contracting is contracting methods that European Countries have applied to asphalt pavement projects from long ago, and in America as the expected effects of the warranty contracting are being verified to introduce it, the number of projects with warranty is being increased rapidly. In Japan, the warranty contracting suitable for Japanese style was established and is being applied. This study investigated and analyzed the present state of the warranty contracting being applied to European countries, America and Japan, and suggested advantages and disadvantages in introducing the warranty contracting into Korea and directions to introduce it. The principal result of this study is that performance bond contract system, performance surety bond system and performance bidding system should be established to introduce the warranty contracting into Korea.

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A Comparative Study on the Nominated Subcontractor (NSC) System of Building Construction Project in Asian Commonwealth of Nations - Focused on the NSC Clause Analysis of Standard Contract Forms - (아시아 지역 영연방국가의 지정하도급(NSC)제도에 관한 비교 연구 - 표준계약약관의 지정하도급자 항목분석을 중심으로 -)

  • Cho, Jaeyong;Kim, Junggon;Park, Hyeonggeun
    • Korean Journal of Construction Engineering and Management
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    • v.15 no.3
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    • pp.12-22
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    • 2014
  • In recent, many Korean contractors have tried to extend their business area into the overseas construction market, mainly as a result of a reduction in their domestic construction market. However in terms of risk, overseas construction projects are likely to face a number of unpredictable problems, many of which occur as a result of differences in contract cultures and construction environments between Korea and other countries. One key issue facing overseas construction projects in particular, is that of sub-contracting and control, and the way in which many countries of Commonwealth of Nations operate a unique subcontracting method well known as a nominated sub-contractor(NSC). This paper introduces the NSC system and differences as comparing among standard construction contract forms, such as JCT, SIA, HKIA and PAM. in UK and Asian Commonwealth of Nations. Also, we attempt to classify the type of the NSC system through the consideration of NSC clauses in accordance with the objection and termination of NSC contracting respectively.

Risk Assessment Model for the Delay Protocol in the Conditions of Contract of International Construction Projects (해외 건설공사 공기지연사건의 합리적 대응을 위한 계약조건 리스크 평가 방법)

  • Lee, Hwangku;Shin, Dongwoo;Kim, Kyungrai;Cha, Heesung;Kim, Youngjae
    • Korean Journal of Construction Engineering and Management
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    • v.18 no.6
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    • pp.65-77
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    • 2017
  • Recently, many Korean major construction companies are suffering from profit loss mainly due to a direct impact from delays in their overseas projects. In general, changes are inevitable in a large-scale project, and most of changes are directly linked to construction delay. Therefore, in the event that an extension of time is necessary due to a change, the contractor must manage the delay based on the condition of the contract to effectively manage risks from delay to the completion date. Thus it is important to understand delay protocol defined in the condition of the contract early in the project, but there have been few or no study to propose methodology or tool to support this effort. This paper presents a review on the project planning and controling practices of major Korean construction companies along with the issues on delay claims and disputes in mega-international projects and suggests a tool to assess delay risk in the condition of the contract. To propose a delay risk assessment model for international construction projects, major standard conditions of contract have been reviewed including FIDIC Red Book(1999), PSSCOC(2014) and SIA 9th Edition(2010). To reflect recent trend of major international owners, standard conditions which they are utilizing for their projects also have been reviewed including those of ARAMCO and QP. The model provides a categories of risks to be reviewed on the condition of the contract along with standard level of the risk which is common in the international standard form of the contracts. This study also performed a case study on an actual international project to confirm the effectiveness of proposed model to identify and respond to a delay risk of a project.

An Analysis and Improvement of Progress Payment Regulations in Korea Using System Dynamics - Focusing on Public Construction Industry - (시스템다이내믹스를 이용한 국내 기성금 제도 현황 분석 및 개선방안 제시 - 공공건설분야를 중심으로 -)

  • Park, Moon-Seo;Lee, Jeoung-Hoon;Lee, Hyun-Soo;Hwang, Sung-Joo;Kim, Soo-Young
    • Korean Journal of Construction Engineering and Management
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    • v.13 no.1
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    • pp.148-159
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    • 2012
  • Recently construction companies' capital condition has been aggravated due to low profit, fierce competition and market contraction. For this reason, the companies rely on public construction projects that protect construction fee by regulations. Despite these regulations, problems regarding progress payment are constantly happening. Also, insufficient analysis on interaction between contractors makes policy making difficult. Thus, in this study, interaction between contractors are quantitatively determined according to delay of application and payment based on current public construction regulations on construction stage. A system dynamics model is used, which analyzes the problems based on an interaction between contractors, and solutions for progress payment application and payment delay are suggested according to the research results.