• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2006.11a
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• pp.431-434
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• 2006

The purpose of this study is to examine the degree of openness and competition in special contractor's market. And the result of this study will present the basis of rational policy making. The literature research and time series analysis are adopted as research method. And the findings of this study are as followed. The study has shown that the degree of openness is high in korean special contractor's market by gradual deregulation of entrance barriers into special contractor's market. And the study has revealed that the degree of competition in special contractor's market is high, revealing that the rate of increase of contract account and the subcontract bid rate have decreased.

• Journal of the Korea Institute of Building Construction
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• v.3 no.2
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• pp.95-102
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• 2003

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.

• Journal of the Korea Institute of Building Construction
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• v.21 no.2
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• pp.149-156
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• 2021

This study empirically verified whether aggressive order intake affect occurrence of defects of Korean construction companies. In order to compensate for the shortage of construction costs due to aggressive low-cost orders of contractors, self-response measures such as design changes are followed, and construction defects may be induced in this process. It aims to verify relevance between aggressive order intake and defect in construction empirically using financial accounting data. As a result, it was confirmed that an abnormal increase in order volume and a deterioration in profitability such as operating margin due to aggressive order taking behavior leads to a decrease in construction quality and occurrence of defects. In addition, it was also confirmed that low construction ability and intentional changes in construction design or contract conditions after construction commences were a direct causes of defects. The results of this study can serve as an opportunity to come up with measures to prevent defects by confirming the relationship between defects in construction and deterioration of profitability due to aggressive low-cost order takings.

• 월간 기계설비
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• no.7 s.192
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• pp.44-49
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• 2006

시공을 하다가 손해를 보았는데도 발주자 혹은 원도급업체에서 인정을 안해준다면 어떻게 해야 할까? “소송을 할까?”, “다음 공사는 어떻게 해. 그냥 손해보고 말지 뭐”, “아니야 그냥 넘어가기에는 너무 억울해” 설비건설업을 하다보면 누구나 한번쯤 이런 경험이 있었을 것이다. 이럴 경우 공정거래위원회에 문의 하거나 건설하도급분쟁조정협의회에 문의하다가 정 안될 경우 소송에 돌입한다. 소송의 경우 대법원의 최종 판결이 나기까지 2~3년은 고스란히 걸림은 물론 소송비용도 만만치 않다. 이렇게 기간이 길지 않고 가격도 저렴하면서 해결가능한 방법은 없을까? 물론 있다. 바로 대한상사중재원(원장 박삼규)이다. 올해로 창립 40주년을 맞은 대한상사중재원은 상거래 상의 분쟁이 일어날 경우 중재(仲裁)를 함으로써 법률적인 효력을 갖는다. 또한 전문가에 의한 정확한 판결과 함께 약 6개월 정도의 기간으로 신속한 처리를 장점으로 꼽는다. 중재판결(仲裁判決)은 법원의 확정판결과 동일한 효력을 가진다. 또한 이를 이행하지 않을 경우 법원의 집행판결로 강제집행이 가 능하다. 그러나 계약서 체결시“중재조항”을 삽입해 두어야 중재에 의한 해결을 하 수 있다. 따라서 설비건설업계도 앞으로 원∙하도급 계약체결 시 중재조항을 넣어두는 것을 명심해야 한다. 본지는 이번 호에 대한상사중재원의 중재에 대하여 게재하고, 8월호에는 건설하도급분쟁조정협의회를, 9월호에는 공정거래위원회를 게재할 계획이다.

• 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.

• Korean Journal of Construction Engineering and Management
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• v.12 no.1
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• pp.97-106
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• 2011

Construction Management is the overall management of the project as construction manager and the owner are united together. Construction manager's role is to conduct the overall or partial construction administration in the 'design, bid, build' process, in the owner's interests with maintaining technical neutrality. Construction manager is becoming one of new professionals in the building process and the contract defines their roles and the range of services, so high level of ethnics are required. This study suggests the legal status of the construction manager and the ethnic standards and the ethnic's characteristics. In conclusion, firstly, the legal characteristics of the administration of construction management are the delegations contract, the responsibility of negligence and the duty of due diligence, abided by the contract that ties between the owner and the construction manger. Secondly, the administerial characteristics of the construction management are the role of mediator, the service of professional technology, accountability to the owner and publicness. Thirdly, due to these characteristics, as a professional, the standard of ethnic assessment for the construction project manager are intention, act and result, so with the relation to that, morality, deontology and consequentialism have been suggested in this study.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2004.11a
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• pp.486-489
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• 2004

To enlarge the international competition and construction productivity, the domestic construction market attracts the private capital and expands the facility of :iocial Overhead Capital(SOC). However, the application of the business system used at the public project didn't utilize the effect of social overhead capital. It caused problems that parties' business was inefficient and their allotment of the risk was inadequate. This paper presents the course to reorganize the business system which the coincides with the origin aim of the SOC. For the reformation of the supervisor's work scope and business system and the government's overall project management, in other words, this paper proposes the professional organization to replace the superintendence and the formation of optimal business system. This paper confirms the privity of contract among parties of SOC project and parties' work scope and system between relative laws and concession agreement that government made a contract with Special purpose Company (SPC).

• Korean Journal of Construction Engineering and Management
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• v.19 no.3
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• pp.61-69
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• 2018

The buildings are getting enormous and more complex as well as the requirement of the owner which wants diverse and efficient. Moreover advanced management is necessary for construction services and a new method of delivering project is now required. In order to expand the delivering method and the construction industry, we have to introduced the CM at Risk method. However, despite the fact that six years have passed already the CM at Risk regulation was introduced, the contract amount in significantly lower than that of the CM for fee, and also there is no CM at Risk project in the public sector. As a result, three pilot projects are currently underway for the LH(Korea Land & Housing Corporation) in order to set up a CM at Risk for the public sector. However, detailed regulations related to CM at Risk have not yet been implemented in Korea. Therefore, in this study, I am trying to understand the risks that could incur when practitioners participate in the three pilot projects that are currently underway and employed in the public sector wherein the CM at Risk is normally introduced. Based on the results of this study, It will be able to utilize as a basic data for future CM at Risk delivery system improvement and enactment.

• Journal of the Korea Institute of Building Construction
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• v.6 no.1 s.19
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• pp.93-99
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• 2006

In the inner turn key constructions the problems of uniform types are repeatedly occurred, and, especially, many problems happen up to the stage of pre-construction(from a bid to a contract) owing to the specialties of the turn key constructions. So the claim factors of the Korean turn key constructions were abstracted through the literature searches, the site document examinations, the case studies and the interviews with the experts. When the technicians meeting the interior turn key constructions for the first time and working here now are well acquainted with only these factors, many claims will be prevented. By analysing the degree of claims by claims factors through the questionnaires to the experts about the abstracted factors and surveying the amount of the claims through the case studies, what factors exerted how much of influence on the claims was tested and analyzed. Proposing the response devices to the factors affecting the claims much led the technicians in charge of internal turn key constructions to the prevention and the proper solution of the site claims.

• The Magazine for Energy Service Companies
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• s.29
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• pp.48-61
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• 2004

최근 일본에서는 ESCO사업에 PFI법을 새로이 적용하고 있다. 성과배분제, 성과보증제에 이어 이 제도를 적용할 경우, 국가 및 공공기관을 대상으로 하는 ESCO사업의 확대 및 자금조달이 한층 유리해질 전망이다. 지난 99년 제정된 PFI(Private Finance Initiative)법(민간자금 등의 활용에 의한 공공시설 등의 정비 등의 촉진에 관한 법률)에 근거한 사업은 ''공공시설 등''에 있어서 건설, 유지관리 운영 등을 민간의 자금, 경영능력 및 기술적 능력을 활용하는 사업방법으로 사업 전체의 리스크관리가 효율적으로 행해지는 것과 설게$\cdot$시공$\cdot$유지관리$\cdot$운영의 전부 또는 일부를 일체적으로 취급하는 것에 의해 사업비용의 절감이 기대되며 질 높은 서비스의 제공이 가능한 제도이다. 이것과 매우 유사한 개념을 가지고 있는 것이 성과보증제에 의한 ESCO사업이다. 민간사업자인 ESCO사업자가 자금을 조달하고 에너지절약 개수공사에 따른 설계$\cdot$시공$\cdot$, 운전$\cdot$유지관리, 계측$\cdot$검증, 에너지절감 보증 등의 서비스를 제공하며, 광열수도비 및 운전$\cdot$유지관리비의 절감분으로 모든 투자와 ESCO사업자의 경비를 지불한다. 또 에너지절감 및 공공의 이익보증을 포함한 퍼포먼스계약이라고 하는 형태를 취하는 것으로 공공 이익의 최대화를 도모함과 동시에 금융기관의 투자 리스크에 관한 우려를 회피할 수도 있다. 또 PFI법 특유의 법제상, 재정상의 조치와 재정상 및 금융상의 지원이라는 배려에 있다. 예를 들면, 국고채무부담행위의 설정, 행정재산 사용료의 무상화 또는 감면, 프로젝트 파이낸싱 등에 의한 자금조달을 고려할 경우에 있어서 담보권의 설정 등에 관한 제도를 합리적으로 정비하는 것이 가능하게 된다. 그 내용의 대강을 살펴본다.