• Title/Summary/Keyword: Adjustment of Contract Amount

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A Study on Improvement of Contract Regulations for Adjusting Contract Amount in Public Construction - Focused on examples of price fluctuation classification - (공공건설 계약금액 조정의 계약예규 개선방안 연구 - 물가변동 분류 사례 중심으로 -)

  • Lee, Wonjei;Shin, Manjoong
    • Korean Journal of Construction Engineering and Management
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    • v.21 no.4
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    • pp.82-89
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    • 2020
  • Article 64 of the Enforcement Decree of the National Contract Act The requirement of the pre-amendment statute related to the adjustment of the contract price was 5% or more of the price fluctuation rate from the date of the contract. However, the meeting requirement was changed from 5% or more to 3% or more from the date of signing of the Presidential Decree No. 19035 to 2005. 9. 8. The method of adjusting the contract amount was also changed to determine the contractor's desired adjustment method at the time of contract. Alleviating these requirements and revising the empowerment of contract partners is intended to prevent difficulties in achieving smooth objectives by applying to public construction contractors without unfairly benefiting or unfavorable to contract partners. Even if the standards are relaxed and the rights are secured as described above, if the existing provisions for the adjustment of price fluctuation are applied, unlike the original purpose of the government system, the Korea Bank's price economic statistics classification method and the contract construction classification criteria applied in public construction work Due to the inconsistency, it can be seen that the amount of adjustment for price fluctuation by construction type is excessive and underestimated. Therefore, the purpose of this study is to analyze problems through cases and to make appropriate construction cost adjustment through improvement measures.

Improvement on the Managerial Method of Price Fluctuation System (물가변동제도 운영방식 개선방안)

  • Lee, Jae-Seob;Shin, Young-Chul
    • Korean Journal of Construction Engineering and Management
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    • v.12 no.2
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    • pp.3-11
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    • 2011
  • There are several causes to recalculate the contract amount in public construction projects. Among them, the escalation clause was introduced in 1969 and now the condition to recalculate the cost is effective after 90 days from the date of contract and the rate of fluctuation should be more than 3% from the date of bidding. The two calculation methods for the rate of fluctuation are item-adjustment and index-adjustment. According to the results of investigation into 4 public institutions and 163 projects, all of them have used the method of index-adjustment and the rate of projects that spend over 6 months obtaining the approval of contract amount adjustment is more than 90%. The reason for spending lots of time is caused by problems of the calculation method on the price fluctuation rate. Therefore, it is necessary that the calculation method should be diversified to cope with the problems and a option of the builder should be expanded as well. Furthermore, if the way to apply correction factors to construction price index and average index based on the producer and consumer price index made by the bank of Korea is added, then the duration will be reduced without additional expenses. This study proposed the diversification of the calculation method using price fluctuation rate and builders' expanded options as improvement on the managerial method of Price Fluctuation System for the prompt and efficient contract amount adjustment.

An Improvement Plan of Contract Price Adjustment through the Problem Analysis of the Current Price Escalation Regulation in Construction Projects (현행 건설공사 물가변동 제도의 문제점 분석을 통한 계약금액조정 개선방안)

  • Park, Yang-Ho;Kown, Beom-Jun;Kim, Yong-Su
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2006.11a
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    • pp.435-439
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    • 2006
  • The purposes of study is to propose a new method contract price adjustment in construction projects. The research method of this study includes a case analysis and questionnaire survey. The results of this study are as follows: 1) For improvement method of contract amount adjustment, enactment for legislation pertaining to computation methods such as military's organization through total unit cost, and price flexibility computation at the point of design modification were presented. 2) Arithmetic formulas for cases in which volume is deleted or modified below the price flexibility exemption amount or in which there is no change to quantity, at the occurrence of design modification resulting from price flexibility, were proposed.

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A Basic Study on Effective Adjustment Method for Construction Escalation/De-Escalation Price (건설공사 중 물가변동에 따른 효율적인 계약금액 조정에 관한 기초 연구)

  • Sung, Ju-yong;Kim, Dong-jin;Lee, Min-jae
    • Korean Journal of Construction Engineering and Management
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    • v.20 no.3
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    • pp.3-11
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    • 2019
  • The construction of a facility is an act whereby infrastructure such as roads and railways and other facilities such as housing and office spaces are constructed, and due to the characteristics of the relevant industry where such construction is carried out in a custom order method, it requires a long period of time mostly. While the construction is carried out over a long period of time, fluctuations in the price of raw materials required for the construction occur. Therefore, the cost of the construction also fluctuates inevitably. The fluctuation of the construction cost meshes closely with the profit of a constructor and the efficiency of government spending. Therefore, it is necessary to maintain the construction cost at a reasonable level by adjusting the construction cost rationally in order to secure the required construction quality and spend the budget efficiently. The buffer system for solving such problem is the contract amount adjustment system by fluctuations in prices (Escalation/De-Escalation). In this study, the method combining the escalation method based on the item adjustment method was suggested for an efficient contract amount adjustment method. In addition, it is proposed that there be an investigation and codification of matters not applied to government acts and regulations on contracts related to the adjustment of fluctuations in prices legally.

A Delphi Study on the Price Escalation Clause in a Construction Contract

  • Choi, Min Soo;Kim, Moo Han
    • Architectural research
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    • v.8 no.1
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    • pp.69-76
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    • 2006
  • The purpose of this study is to suggest policies to improve the price escalation system in a construction contract through a Policy Delphi technique. The Delphi, including two times questionnaires and a group discussion, was conducted by joining 14 experts. Also, the escalation provisions of various countries were examined. Results of the Delphi showed that the minimum fluctuation rate for price escalation was desirable at a level of 3%. To compute the fluctuation rate, calculating the price fluctuation of overall articles was more desirable than using price indices. A bidding date was more reasonable as the initial date of change in price. Losses caused by price change should be shared between contractor and owner; therefore a deduction rate should be introduced in price escalation. Meanwhile, overhead and profit should be adjusted in proportion to the fluctuation rate; but advance payment or the delayed construction amount should be deducted from the adjusted amount.

A study of congestion management in bilateral electricity market using BTDF (BTDF를 이용한 직거래 전력시장에서의 혼잡처리에 관한 연구)

  • Lee, Seung-Jin;Lee, Ki-Song;Park, Jong-Bae;Shin, Joong-Rin;Lee, Myung-Hwan
    • Proceedings of the KIEE Conference
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    • 2003.07a
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    • pp.609-611
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    • 2003
  • This paper presents a method for a congestion management in the competitive market which is modeled as the multiple bilateral transaction. Traditionary, the congestion management for the multiple bilateral transaction is accomplished through the process of adjustment bids. It is necessary in for the market entity to submit their price information when the congestion is occured. Finally, the ISOs can be blown about the approximated contract price of participants from the price of adjustment bids. However, the entities can submit only the amount of their contract to ISOs and ISOs are required the method to manage the congestion only by the contracted quantity. Therefore, this paper presents a method for congestion management by curtailing the only contracted quantity of market entities. To evaluated the above problem, we suggest Bilateral Transaction Distribution Factors(BTDFs), which is the sensitivity of line flow with curtailment of transactions. Using this factor, we studied about congestion management when the objective function is to minimize total curtailment of transaction.

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A Case Study on Minimizing Contract Amount Adjustments due to Design Changes in Defense and Military Facility Projects (국방·군사시설 사업의 설계변경 계약금액조정 최소화를 위한 사례연구)

  • Cho, Sung-joon;Lee, Kyoung-han;Lee, Myung-sik;Park, Bong-gyu
    • Korean Journal of Construction Engineering and Management
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    • v.25 no.4
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    • pp.34-44
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    • 2024
  • In defense and military facility projects, adjustments to contract amounts due to design changes directly or indirectly affect factors such as increased construction costs and extended construction periods. Moreover, they can lead to differences of opinion and conflicts between the military and contracting parties. This case study analyzed the integrated management of defense and military facility projects by the Gyeonggi Southern Facilities Division, which oversees projects in Seoul and the southern Gyeonggi Province region for the Army, Navy, Marine Corps, and Air Force. Out of 388 completed projects, 103 cases with design changes were selected for analysis, aiming to ensure the reliability of data regarding the proportion of design changes in project completion. The study classified samples by the causes of design changes specified in the Ministry of Planning and Finance's contract regulations, assigning rankings based on the occurrence rates of each cause. Furthermore, it analyzed detailed factors for each cause of design change and derived implications to propose improvement measures. Considering the limited access to military primary data, this case study is expected to contribute to minimizing design changes in defense and military facility projects. Additionally, it is anticipated to be practically useful for subsequent research on contract amount adjustments resulting from design changes.

Regarding Issues on the Lawsuit of Medical Malpractice in the Implant Procedure -Focusing on the contract's legal character and the mitigation of burden of proof- (임플란트 시술상 의료과오의 소송상 쟁점에 관하여 -계약의 법적성격 및 입증책임 완화를 중심으로-)

  • Han, Taeil
    • The Korean Society of Law and Medicine
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    • v.19 no.1
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    • pp.143-163
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    • 2018
  • Implant procedure belongs to so called a commercialized medical treatment, its procedure is simple and clear, and the possibility of success is almost 100%. In addition, it is a selective method rather than an inevitable method for a patient's health, so the importance of liability for explanation is especially emphasized for protection of autonomous decisions by patients. Considering these characteristics, the plaintiff in the relevant case said that the contract of implant procedure has the characteristic of subcontract, and only the failure of implant itself and the violation of liability for explanation should be the defendant's fault liability. In addition, although the above procedure contract is considered as delegation rather than subcontract, whether it's the defendant's malpractice should be judged by general people's common sense rather than average people in the industry. Therefore, if all the implanted teeth were removed due to bleeding and pains, and the patient suffered from dysaesthesia during the process, the defendant's malpractice is fully proved. When the judgements of implant medical malpractice were researched, the court doesn't consider implant contract as subcontract, but it judges dentist's malpractice by whether the implant itself is successful, so it seems that the court acknowledges similar characteristics with subcontract whose purpose is completion of work to some degree. In addition, considering the detailed contents of presented medical malpractices, it seems that judging medical malpractice is based on the common sense of general people. Therefore, the argument of the plaintiff is valid when the fact the adjustment amount is relevant to the amount that the plaintiff initially claimed is considered even though the relevant case was decided to be compulsory mediation.

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.

Analysis of Road Construction Projects' Escalation under Historical Data-Based Estimate System in Jeju (실적공사비가 적용된 제주도 도로공사의 물가변동률 영향 분석)

  • Hong, Jeong-Ho;Lee, Dong Wook
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.34 no.2
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    • pp.667-676
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    • 2014
  • This study has conducted case studies in order to suggest alternatives to the historical data-based estimate system. Price fluctuation calculation methods based on historial cost indexes, standard estimate and construction cost indexes were applied to 9 road construction sites in Jeju for an analysis. As a result, in 5 construction sites (about 56% of 9 sites), the index control rate calculated based upon historical data-based estimate system was higher than that calculated based upon standard estimate and construction cost indexes. Thus the establishment of the requirements for the adjustment of contract price due to price fluctuation delays, which leads to a significant difference in price fluctuation amount. And, in an analysis of construction cost indexes, the indexes for road construction were used for calculating index control rate which ranges from 2.0 to 9.4 percent, indicating the time of construction amount and price fluctuation application has a significant influence on index control rate.