• Journal of the Korea Institute of Information and Communication Engineering
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• v.17 no.4
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• pp.1034-1041
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• 2013

Liquidated Damages is damages that have to be paid when a debtor could usually work off that which they owe, but didn't due to causes imputable. However, currently the Defense Acquisition Program Administration contracts with domestic businesses in case of delay of implementation occurs; they have to pay damages of deferment unlimitedly as a penalty concept, not in compensation about delay. With this in account, conflicts between the two continuesly happen. DAPA wastes administration and counter business costs increasingly burdening their budget. Defense and military procurement need to revise the compensation of deferment system. This paper analyzes the problems about that system, which is applied to domestic business, and also compares it with that of industrialized countries and suggests measures of set price caps in compensation of the deferment system.

• Korean Journal of Construction Engineering and Management
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• v.8 no.1 s.35
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• pp.150-158
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• 2007

The delay of construction is one of the most frequent and complicated elements of the claim. And the liquidated damages cause many disputes during the judgement. The liquidated damages should be a compensation for owner's substantial loss, but actually be applied as a damage for breach of contract. These damages are different from owner's loss and give constructors a excessive burden. So we need a more reasonable system than a lump application system. In this study, we make a Improvement System, that based on owner's substantial loss, and suggest the new liquidated damages calculation method.

• Korean Journal of Construction Engineering and Management
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• v.24 no.1
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• pp.12-20
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• 2023

To calculate the amount of owner-caused and contractor-caused delays based on a simplified delay analysis, which has been customarily used in Korea, has a limitation in reflecting the impact of the concurrent delay and the acceleration work. It also resulted in the apportionment of liquidated damages by applying the ratio of the number of delays between the owner and the contractor. This study analyzes that the conventional method does not meet the international standards. In order to improve the problem of construction delay analysis and the apportionment of liquidated damages based on it, owner delays, contractor delays, concurrent delays, and the impact of acceleration should be analyzed together. This study suggests that in the apportionment of liquidated damages, the extension of time should be extended by the sum of concurrent delays and the owner-caused delays, and liquidated damages should be imposed on delays incurred after the extension of time. It can be seen that it conforms to the international standards. The results of this study are expected to contribute to improving the problems of delay analysis and liquidated damages calculation, which have been conventionally accepted.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2006.11a
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• pp.458-461
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• 2006

With the opening in construction market, more diversified and internationalized construction culture is imported, but the level of our construction culture and policy is still not met the international standards. For example, there is a difference in the liquidated damages at delay due to the reason of builder imputation during the public construction project comparing the international standards like damages. It may lead to the potential claim. In this study, via comparing and analysis on the relevant international standards and extension expense for terms of work, actual compensation is selected, and improvement of liquidated damages like damages is presented.

• Industry Promotion Research
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• v.5 no.3
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• pp.37-44
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• 2020

Currently, the delayed compensation system, which does not reflect the R&D characteristics of the defense industry, is being applied, causing problems such as worsening management of defense companies and delayed power generation. The purpose of this study is to contribute to the development of the defense industry and the efficient promotion of combat capability by studying the improvement plan of the delayed compensation system reflecting the R&D characteristics of the defense industry. The research analyzed the defense industry R&D characteristics, national R&D, delayed compensation rate, reduction and exemption procedures and existing studies. Further, the Delphi technique was applied based on the status of the delayed compensation and the analysis of the cause of delay. It has been studied that it is not appropriate to apply the 'manufacturing and purchasing' standard of commercial products to defense industry R&D where the latest technology is applied and the success is unclear. Four measures were drawn to prevent delays, including the selection of excellent technology companies, and three measures to reduce delay compensation and apply differentials for rational treatment in case of delays. Just as the defense industry R&D is carried out under the Defense Acquisition Program Act due to the nature of the R&D industry, the defense industry will develop if the delayed compensation system is improved to reflect the R&D characteristics of the defense industry, and it will contribute to the acquisition of an efficient and economic weapons system.

• 월간 기계설비
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• no.11 s.220
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• pp.55-55
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• 2008

• Korean Architects
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• s.564
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• pp.126-137
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• 2016

• Journal of the Korea Construction Safety Engineering Association
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• s.53
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• pp.32-35
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• 2011

• Proceedings of the Korean Institute of Building Construction Conference
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• 2002.11a
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• pp.111-116
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• 2002

The delay of the completion of the construction project occurs frequently because the origin schedule is affected by numerous factors that contribute to the overall delay in completing the project. But in our country. the dealing with a claim is not sufficient yet by reasons of fairl relation between owner and constructor, cognitive shortage in claim, and such. especially they have make a wrong application of baseless the rule. In this study. we make a rational model ; that includes calculating of dispute costs, and suggest the solution and the prevention for claim by considerating the law followed liquidated damages.

• Convergence Security Journal
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• v.17 no.4
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• pp.31-37
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• 2017

This study compares the main features of the Act of National Contract with the Act of Defense Aquisition Program, which is the only one in Korea for long-term contracts. When applying the progress payments system to the defense R&D project, We can prevent disputes between parties and create a stable development environment through smooth partnerships. Smaller, direct and indirect losses can be alleviated, such as the waste of administrative power required to deal with disputes due to the payment of delayed prizes and restrictions on business activities due to the difficulty of forecasting the results of companies. In large measure, we will be able to procure a high-quality weapon system in a timely manner to support the security of the nation as well as international competitiveness through the growth of our defense industry.