• Title/Summary/Keyword: 계약금액 조정

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Improvement of Contract Change Order System for the Fairness of Subcontracting in Public Construction Projects (공공건설공사의 하도급 거래 공정화를 위한 계약변경 제도개선 방향)

  • Cho, Youngjun
    • Korean Journal of Construction Engineering and Management
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    • v.21 no.5
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    • pp.3-10
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    • 2020
  • Subcontracting of construction is essential to carry out public construction projects. Subcontractor of the construction work shall enter into a contract with the original contractor without directly entering into a contract with the owner. Subcontracts are therefore greatly affected by the original contract with the owner. To protect subcontractors, the Fair Trade Act is enacted and the construction company's standard subcontracting contract is in operation. However, subcontracts are not properly reflected in the Government contract system, which deals with the relationships between the owner and the original contractor. In particular, the subcontractor may complain of difficulties at the public construction site as such procedures are not properly reflected in the construction work standard subcontract, although various procedures shall be carried out depending on the amount when change order occurs in subcontracts. Thus, the direction of improvement of subcontracting systems was proposed in the case of change order at public construction project sites as follows: First, the rights of subcontractors should be strengthened. Second, in order to resolve the information non-identity, subcontractors should have access to information related to subcontracts. Third, the status of subcontractor shall be guaranteed by reflecting the characteristics of the subcontract when the original contract for public works is concluded. Fourth, the dispute settlement method should be prioritized over litigation in order to fair subcontracting.

The Calculation Method for Prolongation cost of Sub-Constract in Domestic Public Construction Project (국내 공공 공사 하도급계약 공기연장 추가간접비 산정방안)

  • Jeong, Kichang;Lee, Jaeseob
    • Korean Journal of Construction Engineering and Management
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    • v.19 no.4
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    • pp.61-69
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    • 2018
  • Research on additional indirect cost due to construction period extension in general contracts has continuously been active whereas the same for the subcontract operations has not been. In this research, we review previous research on evaluation methods for additional indirect costs which are widely being used on construction sites as well as previously proposed methods altogether, applying them to analyze model-cases for comparison. We acknowledge that this pattern for construction cost fluctuation over the construction period demonstrates an S-curve. This S-curve shaped indirect cost occurrence is then used to generate model-cases that are used throughout the research which models we applied previous evaluation methods on. Finally in pursuit of finding out some problems of evaluation methods, we came to derive a conclusion that the "Average Actual Cost Evaluation Method on Extended Duration," which, in turn, were proved to be valid for application on general contracts, was also valid for general application on subcontractor operations.

Improvement of the Calculation Standard for Prolongation cost of Domestic Public Construction Project (국내 공공 공사 공기연장 간접비 산정 기준 개선방안 - 국가계약법 및 지방계약법 산정기준의 비교 고찰 -)

  • Jeong, Kichang;Lee, Jaeseob
    • Korean Journal of Construction Engineering and Management
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    • v.17 no.4
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    • pp.95-102
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    • 2016
  • Recently, a research regarding calculation of construction time extension-oriented incidental costs has been intensively suggested in quantitative aspect and recent studies on system improvement has been made continuously. In the case of Domestic Public Construction Works, State Contract Act is applied when the client is government whereas Local Government Contract Act is done when the client is local government, but more meticulous study is required because improvement plan is not proposed even there is a clear demand for improvement of these problems on calculation standard. Thus this study suggested appropriate standard by comparing each the calculation standards followed by 'State Contract Act' and 'Local Government Contract Act', considering the problems accorded, and analyzing field cases. Calculation method of other expenses was differently regulated as the revision of each regulation, and this demonstrates that there is a difference of actual cost from 12.37% to 24.95%. It is shown that less cost of construction time were calculated than actual cost according to a problem of calculation method by State Contract Act as the rate at the time of contract to be applied in other expense rate. This study suggested the rate against incidental cost and the rate of other expense per day against total construction cost as an appropriate rate calculation for other expense based on field database.

Orders Status Analysis on the Successful Bidder Decision Method of Civil Turnkey.Alternative Tendering Construction (개선된 낙찰자 결정방식에 의한 토목 턴키.대안입찰공사 수주현황 분석)

  • Park, Hong Taea;Lee, Yang Kyu
    • Journal of the Society of Disaster Information
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    • v.9 no.2
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    • pp.164-177
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    • 2013
  • From 2010 years to 2013, the selection method of successful bidder has been changed design suitable lowest method, comprehensive evaluation method(bid price adjustment, design score adjustments, weight standards), fixed amount best design method. Therefore this study was presented by analyzing the impact on the domestic construction industry according the way to determine the successful bidder, the evaluation order method and the operational issues through the analysis of order status, order number, results of acceptance an order, success rate range, results of acceptance an order according to weight success rate, results of acceptance an order by work type and order institution of a turnkey alternative tendering construction performed in domestic civil part.

A Study on the Unfair Aspect of Specific Provisions in the Construction Contract : Counterplan and Institutional Reformation (건설공사 계약서상 불공정특약에 대한 대처방안 및 제도개선에 관한 연구)

  • Choi Jea-Won;Park Keun-Hyung;Kim Yong-Su
    • 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.

A Study on the Prevention for Differing Site Conditions Claims - Focused on Design-Build Project in Public Sector - (현장여건상이로 인한 클레임의 예방에 관한 연구 -공공부문의 설계$\cdot$시공일괄공사를 중심으로-)

  • Chung Myung-Woo;Lee Hwa-Young;Seo Yong-Chil;Hyun Chang-Taek
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.46-53
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    • 2001
  • Differing Site Conditions('DSC') Claims among construction claims are on the increase as a direct result of the steady construction of Social Overhead Capital Facilities initiated by Government. As DSC claims generally became apparent during the intial stage of the construction project, it is necessary to timely review and study the proposal on the prevention of DSC claims because delayed settlement will incur more substantial damages to all parties concerned. This research is focused on the identification and analysis of the causes for DSC claims as applicable to design-build project in public sector and it presents the possible short term, medium and long term proposals on the improvement of causes related with DSC claims. The major results of this research are summarized as follows: 1. Improvement of contractor's tender practice 2. Contractor's division of responsibility on the site survey 3. Improvement of owner's exculpatory clause 4. Flexibility on the adjustment of contract amount The proposals stated above could be useful in resolving the DSC claims between owner and contractors.

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Economic Welfare Study on Seasonal and Time Period Electricity Pricing (계시별 전력가격에 대한 경제적 후생 연구)

  • Yoo, Young-Hoon;Kim, SungSoo
    • Environmental and Resource Economics Review
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    • v.14 no.2
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    • pp.519-547
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    • 2005
  • The aim of this study is to analysis how economic welfare lost happens within the present korea seasonal and time period electricity pricing system and find out reasonable electricity price system acceptable during the transitional period of korea electricity industry restructuring To analyze economic welfare lost in the electricity industry, in advance seasonal and time periodic 9 demand curves(summer, spring &fall, winter/peak-load time, middle-load time, low-load time) and one market supply curve are made and then using these demand and supply curve, seasonal and time periodic market equilibrium prices is calculated. Finally, comparing these market equilibrium prices with present regulated classified seasonal and time periodic prices, the whole economic welfare lost in the electricity industry is calculated. The result of this study shows that in 2002, the total economic welfare lost in electricity industry is 137,770 million Won and under present price system, the worst welfare lost is happening seasonally in spring & fall, time periodically in the middle-load time. Specifically analyzing the characteristics of welfare lost, especially on the industry customers and service customers which are applied in seasonal and time periodic pricing, for the industry customers, the welfare lost calculated in this class occupies 51% of the total welfare lost in the whole electricity industry and the worst welfare lost is happening seasonally in spring & fall, time periodically in the middle-load time. For service customers, the welfare lost calculated in this class occupies 13% of the total welfare lost in the whole electricity industry and the worst welfare lost is happening seasonally in summer, time periodically in the peak time Finally, this study was made based on the year of 2002 and KEPCO has practiced two times of rate change until now. The result of rate change was positively analyzed in the direction of economic welfare improvement(welfare improvement achieved by 16.3% compared to 2002 result).

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A Rating Method for the Estimation of the Additional Overhead Expenses incurred by Schedule Extension in Public Construction Projects (공공건설공사의 공기연장에 따른 추가간접비 산출을 위한 요율방식 제안)

  • Lee, Seung-Joon;Cha, Yongwoon;Han, Sangwon;Hyun, Chang-Taek
    • Korean Journal of Construction Engineering and Management
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    • v.22 no.3
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    • pp.79-90
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    • 2021
  • In domestic public construction, disputes are increasing due to differences among stakeholders regarding contract price adjustment. In particular, the actual cost-plus fee for overhead costs due to the schedule extension cannot be agreed upon at the administrative phase, and most of them seek judicial judgment. Thus, this study aims to propose a 'sufficiently satisfactory' alternative to reach an agreement before disputes in order to minimize disputes related to the calculation of additional overhead costs. To this end, this study proposes three alternatives based on the rate method. Firstly, when calculating additional overhead costs, it is not calculated as an actual cost-plus-fee method, but as a rate compared to direct labor costs among net direct costs. Secondly, the calculated indirect labor costs are compensated for up to the legal maximum of legal limit costs such as general management costs, profits and so on. Thirdly, it reflects overhead costs increased or decreased due to change orders. Risks were analyzed by collecting expert opinions on the proposed methods and applying actual cases. Finally, as a result of investigating the level of consensus for each stakeholder, it was confirmed that all stakeholders could agree regardless of the size of the company. The result of this study is expected to as a useful tool among stakeholders in the construction fields that can be able to easily agreed upon.

The Legal Nature and Problems of Air Mileage (항공마일리지의 법적 성격과 약관해석)

  • Kim, Dae-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.2
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    • pp.163-199
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    • 2010
  • A frequent flyer program is a loyalty program offered by many airlines. Typically, airline customers enrolled in the program accumulate frequent flyer miles corresponding to the distance flown on that airline or its partners. There are other ways to accumulate miles. In recent years, more miles were awarded for using co-branded credit and debit cards than for air travel. Acquired miles can be redeemed for free air travel; for other goods or services, such as travel class upgrades, airport lounge access or priority bookings. The first modern frequent flyer program was created Texas International Airlines in 1979. This program was also adopted in Korean Air in 1984. Since then, the mileage programs have grown enormously. As of June 2009, the total member of two national airlines in Korea had been over thirty million. However, accumulated miles could be burden of airlines, because the korean corporations should record the annual financial report the accumulate mileage on a liability account by 'the international financial report standards(IFRS)' next year. The korean airlines need to minimize the accumulated miles, so that for instance Korean Airlines SKYPASS-miles expire 5 years after being earned. It means that miles earned on or after July 2008 will expire after five years if unredeemed. Thus, this paper attempt to analyze the unfairness of the mileage rules of korean airlines by examining a specific portion of the conditions relating to consumer protection, because many mileage users has difficulties using mileage programs and complained the amendment of the mileage rules. In conclusion, the contemporary mileage rules in Korea are rather unsatisfactory, because airlines is not only recognizing a mileage into a kind of benefit but also denying inheritance of mileage and the legal nature of mileage as a property right. It is necessary to amend relevant mileage rules in view of consumer protection, because air mileage is not simple benefit but a right of mileage user.

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A Study on the Improvement of Engineering and Construction Supervision Guarantee System in Korea (국내 설계.감리 등 용역보증제도 현황 및 개선방안 연구)

  • Lee, Yong-Hee;Choi, Jae-Ho
    • Korean Journal of Construction Engineering and Management
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    • v.12 no.3
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    • pp.53-61
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    • 2011
  • After several collapse accidents of large structures in the early 1990s in Korea, the government enacted a law that architectural, engineering and construction firms are obliged to have insurance for projects over a certain size. Particularly, with regard to insurance in design and construction supervision works (i.e. engineering insurance), although several operation-based problems were pointed out from practitioners, still little research has been done on analyzing current regnlartory and operational state and suggesting policy alternatives. Hence, this study applies Delphi technique to solicit current operational problems and propose a series of improvements on engineering insurance based on interview surveys targeting major market participants: municipalities, engineering firms, and insurance companies. Key findings culminate in adopting guarantee limits based on credit evaluation, abrogating joint surety, covering a loss of life, increasing insurance entrance fee, extending time covered, and etc. Reaching a consensus on the proposed alternatives between the market participants will form the foundation for sound developments of construction design and engineering industry.