• Title/Summary/Keyword: 계약 리스크

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Identification of Contractual Risk Factors for Application in the Overseas Construction Projects based on FIDIC Red Book 1999 Edition (해외건설공사관련 계약적 리스크 인자에 대한 연구 - FIDIC Red Book 1999년판 기준 -)

  • Hyun, Hak-Bong;Park, Hyung-Keun
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.36 no.6
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    • pp.1153-1160
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    • 2016
  • There have been many studies on the subject of risks in the Construction Industry and many useful results have been produced. However, risk studies on the conditions of contract, which is the most critical contract documents, has not been tried despite of its contractual function in the overseas projects. In this study, various contractual risks are identified for proper and reasonable evaluation of the contractual risks possibly encountered in the Tender and/or Contract stages of the Projects. For development of study, FIDIC Red Book 1999 Edition which is world widely recognised as a standard conditions of contract prepared for the projects designed by the Employer. Contractual risks are divided into three levels and applicable clauses are assigned to each appropriate risk factors. And table of major contractual risk factors are made using the classified levels of each factors with evaluation criteria as a result of this study. As this study is made only for the conditions of contract which is prepared for the construction contracts designed by the Employer, further studies for other types of contracts such as Design-Build (FIDIC Yellow Book), EPC/Turnkey (FIDIC Silver Book) and recently developed Design, Build and Operate type of contract (FIDIC Gold Book) are required to cover various types of projects executed in the world construction markets.

Analysis and Quantitative Estimation of Risk Factors of Design-Build (턴키 프로젝트에서 리스크요인 분석 및 정량적 평가)

  • Oh, Guk-Yeol;Lee, Young-Dai
    • Korean Journal of Construction Engineering and Management
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    • v.13 no.5
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    • pp.12-24
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    • 2012
  • The Risks in undertaking a construction project comes from many sources and often involves many participants in the project. This study has identified various kinds of risks, assessed the risk factors quantitatively and suggested risk management method for response pertinent in Design Build(Turn Key)type of projects in Korean context. A questionnaire was designed comprising of 145 possible risks in all types of construction projects. The population from owner, consultant and contractor groups was asked to indicate the risks applicable in DB projects. 25 numbers of critical risks in DB projects were identified and further analyzed for reveling inherent relationship between them through factor analysis. Factor analysis revealed 8 risk factors in DB projects. Construction site related, contract related and design related risk factor consisted about 72% of total risk weight. It has been found out about 6%, while considering the mutual dependency, it is about 10% of total cost of DB project. Therefore, It is suggested that 6% to 10% of construction amount as contingency has to be made provision for risk responses in the DB projects.

Application of Partnering in Construction Project (건설프로젝트의 파트너링 적용에 관한 연구)

  • Chung Byoung-Hwa;Kim Sung-Chirl
    • Korean Journal of Construction Engineering and Management
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    • v.5 no.1 s.17
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    • pp.149-156
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    • 2004
  • This paper presented the risk identification and the risk response of the construction project executed by mean of questionnaires/interview, significant risk factors are identified for construction contracts. The purpose of study is to improve the contract method for construction project. Therefore, partnering is increasingly being used on construction project. Partnering involves the parties to a construction project working together in an environment of trust and openness to realize the project efficiently and conflict. Partnering can bring significant benefits, including fewer adversarial relationships and increased end-customer satisfaction, to the construction industry if all parties involved in a project strive for its success.

Deriving Key Risk Sub-Clauses of FIDIC Conditions of Standard Subcontract -Based on FIDIC Conditions of Subcontract for Construction, edition 2011- (FIDIC 표준하도급 계약조건 핵심 리스크 세부조항 도출)

  • Hong, Seong Yeoll;Jei, Jae Yong;Seo, Sung Chul;Park, Hyung Keun
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.42 no.3
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    • pp.439-448
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    • 2022
  • Recently, domestic small and medium-sized subcontractors participating in the overseas construction market are suffering from the continuous loss and damage due to the insufficient recognition of the importance of risk Sub-Clauses among conditions of subcontracts. Therefore, the need to derive risk Sub-Clauses for conditions of the subcontract has been raised, but until now, previous studies have been conducted focusing on deriving risk Sub-Clauses for standard conditions of contract for construction between the Employer and the Contractor. In this study, 52 risk Sub-Clauses were derived on the basis of the influence size of the Sub-Clauses through the Delphi technique targeting 94 Sub-Clauses of conditions of standard subcontract for construction edition 2011, issued by the International Federation of Consulting Engineers (FIDIC) and In addition, 33 key risk Sub-Clauses were finally derived through the PI Risk Matrix by Probability and Impact. The results of this study provide will useful information on key risk Sub-Clauses that need to be reviewed in advance to minimize contractual risks at the stage of bidding and signing contracts for overseas subcontract construction projects.

Deriving Key Risk Sub-Clauses for EPC/Turnkey Contract Conditions for Overseas Construction Projects - Based on FIDIC Conditions of Contract for EPC/Turnkey Projects, second edition 2017 - (해외건설공사 EPC/Turnkey 계약조건 핵심 리스크 세부조항 도출 - FIDIC Silver Book 2017년 개정판 기준으로 -)

  • Hong, Seong Yeoll;Jei, Jae Yong;Seo, Sung Chul;Park, Hyung Keun
    • Korean Journal of Construction Engineering and Management
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    • v.23 no.6
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    • pp.101-110
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    • 2022
  • Recently, the global construction market is expected to grow at an annual average of 4.8% by 2025 and the risk of overseas construction is also expected to increase accordingly. In particular, domestic construction companies intensively participated in the EPC(Engineering, Procurement, Construction)/Turnkey project, but as a result of failing to respond to contractual risks, they have suffered losses of trillions of won in overseas business since 2013. Nevertheless, there have been not many studies on the derivation of EPC/Turnkey's contractual key risk sub-clauses. Therefore, in this study, the key risk sub-clauses were studied for the conditions of the 2017 Silver Book contract issued by the International Consulting Engineering Federation(FIDIC). To this end, 30 experts with more than 10 years of experience in international construction contracts were formed as a panel to conduct a Delphi survey on 170 sub-clauses of 21 clauses of FIDIC Silver Book to derive 62 main risk sub-clauses. In addition, the RPN(Risk Priority Number) was finally calculated using the FMEA(Failure Mode and Effect Analysis) technique, and 25 key risk sub-clauses within the Critical Risk range were derived. Through the results of this study, the practical point of view is able to refer to the contract provisions to be carefully reviewed at the bidding and contract signing stage in overseas construction projects. From an academic point of view, it provides direction and basic knowledge of how to study the contract fields used in overseas construction EPC/Turnkey projects.

A Performance Analysis of Risk Management for International Engineering Project (해외 엔지니어링 사업의 리스크관리 성과분석)

  • Jung, Wooyong;Lee, Baul;Han, Seungheon
    • Korean Journal of Construction Engineering and Management
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    • v.18 no.2
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    • pp.99-107
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    • 2017
  • In recent years, Korean engineering companies are actively entering into the international business. Although international engineering project is known to have lower risk rather that EPC construction project, Korean engineering companies' international sales profit is not as good. Therefore, this study analyzes the risks that are predicted before bid and actually occurred after award. In addition, this study shows the difference of risk depending on lump sum contract and cost reimburse contract. Finally, this study analyzes the difference of risk according to civil engineering and building engineering. This study provides industry to analyze risk more practically and helps academics to focus on risk to be studied more in the future.

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.

Risk Evaluation of the Project Finance for Overseas Independent Power Projects Using a Fuzzy Multi-Criteria Decision-Making Analysis (퍼지 다기준 의사결정분석을 통한 해외 독립발전사업 사업금융 리스크 분석)

  • Hur, Kyong-Goo;Kim, Joo-Nam
    • The Journal of the Korea Contents Association
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    • v.17 no.5
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    • pp.574-590
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    • 2017
  • The purpose of this paper is the provision of a decision-making tool for developers to identify the project risks for under-consideration overseas independent power projects (IPPs), and to analyze the priority and importance weights of the risks through the employment of a fuzzy multi-criteria decision-making (MCDM) approach. A fuzzy MCDM is the calculation method for which the imprecision of each respondent's unique opinion is considered. Through the extensive literature surveys that were conducted for this paper, eight major project finance (PF) risks have been derived credit risk, completion risk, market risk, fuel risk, operating risk, financial risk, environmental risk, and force majeure. The empirical results show that the market risk is the most important risk factor in terms of overseas IPPs, thereby confirming that the long-term power purchase agreement (PPA) guarantee of the host country is one of the most important corresponding factors for the PF.

A Study on the Development of an Operation Risk Analysis Model in BTL Projects (BTL사업 운영리스크 분석 모형 개발에 관한 연구)

  • Lee, Jeong-Sun;Lee, Jeong-Hun;Oh, Se-Wook;Yoo, Hyun-Seok;Kim, Young-Suk
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2008.11a
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    • pp.475-480
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    • 2008
  • In BTL project, the operation cost covering upcoming 20 years is usually alloted more than construction cost although its plan is made in short time. Therefore, it is a key issue to forecast and to analyze operation risks in the process of making contract in order to successfully finish the BTL project and to ensure the profitability of business. However, only a few domestic professional management companies are capable to carry out funding and facility management. To manage the potential risks efficiently in BLT project, it's essential to prioritize the risk factors by means of considering economical risk level, non-economical risk level and occurrence frequency. Thus, this study suggests risk analysis model for improving efficiency of BTL project from operation company's perspective by means of survey. The suggested risk analysis model is expected to establish a risk management strategy which can improve the efficiency of management affairs in BTL project.

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Deriving Key Risk Sub-Clauses of General Conditions of FIDIC White Book - Based on FIDIC Client/Consultant Model Services Agreement, 5th edition 2017 - (FIDIC White Book 일반조건 핵심 리스크 세부조항 도출 - 피딕 클라이언트/컨설턴트 모델 서비스 계약, 2017년 5판 기준으로 -)

  • Jei, Jaeyong;Hong, Seongyeoll;Seo, Sungchul;Park, Hyungkeun
    • Korean Journal of Construction Engineering and Management
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    • v.24 no.2
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    • pp.59-69
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    • 2023
  • FIDIC White Book is a Model Services Agreement between the Client and the Consultant. This study aimed to derive the Key Risk Sub-Clauses out of 63 Sub-Clauses of General Conditions of the FIDIC White Book by using the Delphi technique. A panel of 40 experts with more than 10 years of experience and expertise in overseas construction services agreements and FIDIC White Book was formed, and the reliability was improved in the direction of increasing the consensus of experts through a total of three Delphi survey processes. In the first Delphi survey, a closed-type survey was conducted on the impact of risk among 63 Sub-Clauses of General Conditions on a Likert 5-point scale, and 26 main risk Sub-Clauses were derived. The Content Validity of the results of the first Delphi survey was verified with the CVR value. In the 2nd and 3rd Delphi surveys, a closed-type survey was conducted on a Likert 10-point scale for 26 main risk Sub-Clauses and the risk possibility and impact of each main risk Sub-Clause were evaluated. The reliability of the 3rd Delphi survey result was verified with the COV value. Total 14 Key Risk Sub-Clauses were derived by applying the average risk possibility and impact of each of the 26 main risk Sub-Clauses to the PI Risk Matrix. The results of deriving Key Risk Sub-Clauses showed that agreement on specific scope of service, delay management, and change management were the most important. As a result of this study, from a practical point of view, consultants of consulting companies provide guidelines that should be reviewed to minimize contractual risks when signing service contracts with clients. From an academic point of view, the direction of research on deriving key risks related to service contracts for consultants participating in overseas construction is presented.