• Korean Journal of Construction Engineering and Management
• /
• v.13 no.3
• /
• pp.122-130
• /
• 2012

Currently, TK(Turn-key) projects have been implemented, the projects on TK basis still have shown several problems rather than its own merits as a bidding method. Increasing the number of claims being occurred during construction process of the projects is reality because of unclear notice of tender documents and conditions of the contract, design review system, and decision process of the qualified bidder. To establish desirable TK projects in domestic market, not only should resonable alternatives for carrying out design review system and selecting the bid winner be set up, but also proper standards for reforming irrational system of contract, bid, and notice of tender related to TK projects. This study is intended to reduce the number of claims and implement efficient projects of apartment construction on TK basis by identifying potential problems through analysis of claim examples of TK projects which have difficulties of revising contract agreement such as drawings and suggesting improvement methods for contract conditions and notice of tender docuements.

• Korean Journal of Construction Engineering and Management
• /
• v.13 no.5
• /
• pp.12-24
• /
• 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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.53
• /
• pp.3-29
• /
• 2012

This article examines the Practical Suggestions in the Contract for the Turnkey Supply of an Industrial Plant based on a study focused on the commentary of "ICC Model Contract" clause which is encouraged by ICC. Especially practical issues are inquired into on business and legal perspective as follows. First, in regard to supply of technical documentation, equipment and spare parts, it is important to supplier and purchaser to agree on obtaining technical documents necessary for installing and operating plant, and also components necessary for it's maintenance. Second, it is about erection, testing, taking over and training chapter. Both parties need to agree about the process of the arrival of equipments and assembly conducted by the supplier and following examination and also training purchaser to operate it Third, when it comes to price, payment conditions, bank guarantees, parties are to make decision on the pricing, payment conditions and currency of contract-payment. Lastly, it is necessary to reach an agreement of the issue of whether it is to be defined as delay or non-performance of the contract and also it's consequences about rights and obligation.

• Journal of the Korea Institute of Building Construction
• /
• v.20 no.6
• /
• pp.527-535
• /
• 2020

This study analyzed main causes of claims in EPC/Turnkey projects. For this purpose, this study referred to the FIDIC silver book, which lists the international standard contract conditions for EPC/Turnkey projects. The most frequent cause of claim was delay. A process was then proposed to determine whether the owner or contractor was the responsible party when the delay claim occurred. The proposed process was for damages for delay which is the conditions of contract for indemnities against delay claim. The process was based on conditions of the contract of two previous EPC/Turnkey projects that were constructed in 2010, the FIDIC silver book, as well as the obligations of owner and contactors. The proposed process is applicable depending on the conditions of the contract and the owner's meaning. Furthermore, by identifying the responsible party, this study will contribute in identifying the possible claim types before concluding a contract and writing the specific contract.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.54
• /
• pp.189-209
• /
• 2012

This Work intends to study on some issues of business and law in relation to Contract for Turnkey Base System. The continuing advance of export system of the plant with the importance for efficient and effective management emphasizes the need for business and legal approach to uniform international model contract. ICC Model Contract for Turnkey Supply of Industrial Plant by ICC covers a particular category of turnkey contract, i.e. contracts for the supply of a plant or production line to be erected within facilities which already exist or which are constructed by the purchaser. Furthermore, the application of the ICC Model Contract for Turnkey Supply of Industrial Plant leaves much to be desired from a business and legal point of view. Therefore, there would appear to be room for compromise between the supplier and purchaser in respect to make a contact for Turnkey supply of industrial plant.

• Korean Journal of Construction Engineering and Management
• /
• v.4 no.3 s.15
• /
• pp.128-136
• /
• 2003

The contractors which execute the design-build project have difficulties in design management and contract administration in the pre-construction phase because they have managed construction projects focused on only construction phase so far. Moreover, they have to manage the design development stage without any contingency following-up various design revisions from the design reviews of outside experts. Therefore, the design management in the design development stage is a critical success facto. of the design-build project. The objective of this study is to structure the problems in the management skill for design development phase in the domestic design-build projects and to suggest a design development management method to settle the problems. To achieve these objectives, this study 1) analyzes the prior studies about the design-build procurement methods, 2) designs and performs a case study to embody the problems of the domestic design-build projects, and 3) proposes a method of design development management by analyzing the results of case study and interviewing experts.

• Proceedings of the Korean Institute Of Construction Engineering and Management
• /
• autumn
• /
• pp.432-437
• /
• 2002

As the working design process of Turn-Key projects is a basic process for the final contract, this process has lots of business decision to be made. Because such results of business decision can be the basis on contract documents, it is the step which needs a through management for Turn-key project. But in case of domestic construction companies, because those are not organized process of working design process, project manager has had lots of trouble at each process to make the business decision. As a means of settling the problems, this research is initiated. First, working decision management process is identified and generalized by interviews with project managers. Second, cases that actually happened in the project are investigated and categorized. Third, response plan to solve the problems and check lists to prevent the problems are suggested. Finally, the process, cases, response plan, and check list are integrated using CBR for future reuse.

• Journal of Arbitration Studies
• /
• v.13 no.2
• /
• pp.353-376
• /
• 2004

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.

• Proceedings of the Korean Institute Of Construction Engineering and Management
• /
• autumn
• /
• pp.223-232
• /
• 2002

The government, in order to settle and activate the use of Construction Management (CM) method, clarified the legal Issues pertaining to infrastructure development and is taking an active role to promote CM through government sponsored pilot projects. However, when a CM method is applied to a turn-key protect, many applicational difficulites are expected. With design and construction are performed under the simple responsibility in a turn-key method, roles of CM's is overlapped. Also, the characteristics of turn-key method are not reflected to the present $\lceil$CM Work Guideline$\rfloor$. Over the years, various problems have been identified from turn-key projects. Korea's $\lceil$CM Work Guideline$\rfloor$ is more inclusive compared to the CM services of CMAA and overlooks the importance of CM's roles in pre-design phase. In this study, CM's roles of pre-construction phase (pre-bidding, bidding, detail design, contracting) in construction turn-key projects were identified and complementary policy for institution was suggested. We further look into dividing the roles of the CM at turn-key project Into professional role and emotional role. Also, we speculate problems of the existing experience in turn-key projects and suggest a rough methodology on how these concepts can be adjusted for improve the turn-key method.

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