• 월간 기계설비
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• no.7 s.216
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• pp.40-41
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• 2008

기획재정부가 특정규격 자재(단품)의 급격한 가격 변동시 계약금액을 조정하는 기준을 새롭게 마련하여 지난 5월 1일부터 시행에 들어갔다. 통상 물가변동으로 인한 계약금액조정(ES)은 계약 후 90일이 경과하고, 입찰일 기준으로 가격이 3% 이상 증감시 계약금액을 조정(총액물가조정)하고 있으나 최근 원자재가격 급등으로 하도급업체 등 중소기업의 경영에 큰 부담으로 작용함에 따라 경제정책조정회의(2008.3.26. 원자재 가격 상승에 대응한 중소기업 애로 해소방안)에서 단품ES제도 시행기준을 마련하여 이번에 개정된 것이다. 이번 단품ES 제도의 도입으로 최근 가격이 급등한 단품*(철근,H형강 등)을 취급하는 중소하도급업자의 경영 애로를 다소 완화시킬 것으로 기대된다.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2006.11a
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• pp.435-439
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• 2006

The purposes of study is to propose a new method contract price adjustment in construction projects. The research method of this study includes a case analysis and questionnaire survey. The results of this study are as follows: 1) For improvement method of contract amount adjustment, enactment for legislation pertaining to computation methods such as military's organization through total unit cost, and price flexibility computation at the point of design modification were presented. 2) Arithmetic formulas for cases in which volume is deleted or modified below the price flexibility exemption amount or in which there is no change to quantity, at the occurrence of design modification resulting from price flexibility, were proposed.

• 월간 기계설비
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• no.12 s.221
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• pp.39-43
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• 2008

기획재정부는 최근 중소건설업계의 경영환경 악화에 따른 경영애로를 완화하고 불합리한 제도를 개선하기 위해 국가 계약관련 회계예규를 개정하고 지난 11월 1일부터 시행에 들어갔다. 개정된 회계예규는 원자재 가격급등시 계약금액의 10% 범위 내에서 선금을 추가지급하게 해 이 돈을 자재확보 용도로 우선 사용할 수 있게 했다. 또한 원자재 가격급등으로 인한 계약금액의 조정을 원활하게 하기 위한 기준도 신설했다. 물가변동이 5% 이상물품구매는 10% 이상 상승하는 등 원자재 가격급등시에는 계약일로부터 90일 이내라도 계약금액을 조정할 수 있도록 했다. 현행 원자재 가격급등으로 인한 계약금액 조정은 일반적으로 계약일로부터 90일이 경과하고 물가변동이 3% 증감한 경우 기능하게 돼 있다. 대한설비건설협회는 자재가 급등으로 설비건설업계기 어려움에 처하자 자재가격 급등에 따른 계약금액을 변동시켜 줄 수 있도록 관련법 개정을 요청한 바 있다. 이에 따라 기획재정부기 회계예규 개정에 대한설비건설협회의 의견을 수용, 반영한 것이다. 개정된 회계예규는 또 종합건설업과 전문건설업간 겸업제한 폐지 및 실적인정에 따른 영업기간 인성 규정을 마련, 새로 등록한 업종으로 공공공사 입찰에 참여할 수 있게 해 종합 전문건설업간 상호 진출에 기여토록 했다. 지역중소업체 입찰참여가 쉽도록 1천억원 이상 대형공사(턴키 등) 에서 공동수급체 구성원수를 10 인 이내로 확대하기로 했다. 또한 300억원 미만의 적격심사낙찰제 대상공사 입찰시에 기업의 경영상태 평가는 원칙적으로 1년 이내 기업신용평가등급으로 평가하기로 했다. 이밖에 공동수급체 대표자 또는 수급인이 선금을 수령하고도 정당한 이유없이 공동수급체 구성원 또는 하수급인에게 배분하지 않는 사례를 막기 위해 계약담당공무원이 선금 배분여부를 확인하도록 하고 선금 사용 용도도 명시적으로 규정했다.

• Korean Journal of Construction Engineering and Management
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• v.12 no.2
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• pp.3-11
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• 2011

There are several causes to recalculate the contract amount in public construction projects. Among them, the escalation clause was introduced in 1969 and now the condition to recalculate the cost is effective after 90 days from the date of contract and the rate of fluctuation should be more than 3% from the date of bidding. The two calculation methods for the rate of fluctuation are item-adjustment and index-adjustment. According to the results of investigation into 4 public institutions and 163 projects, all of them have used the method of index-adjustment and the rate of projects that spend over 6 months obtaining the approval of contract amount adjustment is more than 90%. The reason for spending lots of time is caused by problems of the calculation method on the price fluctuation rate. Therefore, it is necessary that the calculation method should be diversified to cope with the problems and a option of the builder should be expanded as well. Furthermore, if the way to apply correction factors to construction price index and average index based on the producer and consumer price index made by the bank of Korea is added, then the duration will be reduced without additional expenses. This study proposed the diversification of the calculation method using price fluctuation rate and builders' expanded options as improvement on the managerial method of Price Fluctuation System for the prompt and efficient contract amount adjustment.

• Korean Journal of Construction Engineering and Management
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• v.20 no.3
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• pp.3-11
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• 2019

The construction of a facility is an act whereby infrastructure such as roads and railways and other facilities such as housing and office spaces are constructed, and due to the characteristics of the relevant industry where such construction is carried out in a custom order method, it requires a long period of time mostly. While the construction is carried out over a long period of time, fluctuations in the price of raw materials required for the construction occur. Therefore, the cost of the construction also fluctuates inevitably. The fluctuation of the construction cost meshes closely with the profit of a constructor and the efficiency of government spending. Therefore, it is necessary to maintain the construction cost at a reasonable level by adjusting the construction cost rationally in order to secure the required construction quality and spend the budget efficiently. The buffer system for solving such problem is the contract amount adjustment system by fluctuations in prices (Escalation/De-Escalation). In this study, the method combining the escalation method based on the item adjustment method was suggested for an efficient contract amount adjustment method. In addition, it is proposed that there be an investigation and codification of matters not applied to government acts and regulations on contracts related to the adjustment of fluctuations in prices legally.

• Korean Journal of Construction Engineering and Management
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• v.21 no.4
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• pp.82-89
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• 2020

Article 64 of the Enforcement Decree of the National Contract Act The requirement of the pre-amendment statute related to the adjustment of the contract price was 5% or more of the price fluctuation rate from the date of the contract. However, the meeting requirement was changed from 5% or more to 3% or more from the date of signing of the Presidential Decree No. 19035 to 2005. 9. 8. The method of adjusting the contract amount was also changed to determine the contractor's desired adjustment method at the time of contract. Alleviating these requirements and revising the empowerment of contract partners is intended to prevent difficulties in achieving smooth objectives by applying to public construction contractors without unfairly benefiting or unfavorable to contract partners. Even if the standards are relaxed and the rights are secured as described above, if the existing provisions for the adjustment of price fluctuation are applied, unlike the original purpose of the government system, the Korea Bank's price economic statistics classification method and the contract construction classification criteria applied in public construction work Due to the inconsistency, it can be seen that the amount of adjustment for price fluctuation by construction type is excessive and underestimated. Therefore, the purpose of this study is to analyze problems through cases and to make appropriate construction cost adjustment through improvement measures.

• Korean Journal of Construction Engineering and Management
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• v.12 no.4
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• pp.70-78
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• 2011

In case of long time progressive construction work, we need contract sum adjustment due to escalation for a period of works and the process of applying, consistent and obvious criterion is required. In this study, it were attempted to figure out problem and study this rational improvement by giving examples based on core activities of escalation adjustment. Based on literature study and legal system analysis, we classified processes of contract sum adjustment for escalation and defined 20 core activities for each process. From this measured variable, we carried out case study by giving 37 examples of escalation. As a result of case study, problems of each process was found and we suggested rational improvement. As this study, providers will be able to waste budget and the other will be given smooth escalation adjustment.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.359-364
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• 2003

The loss of potential opportunity profit which is consisting in the partial markups of the corporation would taking placed in related with the time-delay deeply, has customarily disregarded in contract adjustment under the principles of denial of cost accounting method, declined conjecture in the point of benefits and protection of the law in scope of compensation and the restricted conditions of constant contract. It is being resulted from that the policies of the general principles of accounting standards which is subjected to ask an objective data and evidence, and the denial system as a debt derived from imperfect legal theory applied by current law. Therefore, it is necessitated to find if any irrationality in the positive system is and further to draw an improved reasonable measures to adopt by review of constant system preparing tile reasonableness with the method of suitable quantification devices provided that any time-delay is induced by the party.

• Korean Journal of Construction Engineering and Management
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• v.5 no.6 s.22
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• pp.203-211
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• 2004

This study is the results to survey on the problems and improvable Policies for current escalation system in construction contracts, through a Delphi survey to experts. From the survey results, it is desirable to decide the fluctuation rate of construction cost, which is the requirement of escalation clause, on the basis of inflation rate or construction cost index. The desirable price fluctuation rate is proposed as a $3\%$ level. However, it is difficult for construction companies to cope with the sudden increase of material price in advance, arising from short-term shock factors such as exchange rate and international raw material's price. Accordingly escalation system for specified materials, as an exceptional mode, should be introduced. As a method to calculate the fluctuation rate, ARCA(adjustment rate for the categories of articles) is more desirable than ARI(adjustment rate for an index), because the ARCA can be more reflected the characteristics of each construction work.To rationalize the ARI method, it is needed to announce the wage index, material index and machinery expense index via detailed classification by construction types. Also, it is desirable to prescribe the bidding date as a starting date of the price change, rather than contact signing date. considering the price change can happen since the biddiilg stage.

• Korean Journal of Construction Engineering and Management
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• v.5 no.6 s.22
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• pp.146-153
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• 2004

The purposes of this study are to survey unfair aspects of specific provisions in the construction contract, and to suggest counterplans and institutional reformations. The research method of this study includes judicial precedent analysis and a questionnaire survey, The results of this study are as follows: 1) the main problems of unfair specific provisions are payment condition, shifting of the responsibility and adjustment in the contract sum. 2) counterplans ate suggested according to the construction phase : bid, construction and completion phase. 3) institutional reformations include firming up regulations, supervision, invigoration of claim, development of variation guideline, and so on.