• Title/Summary/Keyword: Construction Insurance Contracts

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A study on the Application of the Contra Proferentem Rule in the Interpretation of Marine Insurance Policies (해상보험증권의 해석상 작성자 불이익의 원칙의 적용에 관한 연구)

  • Seong-Hoo Kim;Nak-Hyun Han
    • Korea Trade Review
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    • v.45 no.5
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    • pp.279-301
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    • 2020
  • In the absence of any guidance under statutory law, such as the Rules for Construction of Policy, MIA 1906, judges should follow the general principles of interpretation that apply to all contracts. In simple terms, Contra Proferentem Rule means that if the contents of the terms and conditions are ambiguous, they are interpreted against the writer of the terms and conditions. In the Anglo-American Contract Law, the 'default rule' is an important judicial tool that can supplement defects in contract norms and reinforce the principle of private autonomy through gap-filling techniques related to the interpretation of contracts. In Korea, it is sometimes mentioned in case of precedent, and it has been established as a clear rule. This study analyzes the interpretation of terms and conditions is not in the form that the interpretation of other general contracts and other interpretation principles are valid, but contracts based on terms and conditions are also contracts, and as a general rule, the interpretation of terms and conditions is explained like the general contract interpretation.

A Successful Method of Construction Insurance Contracts (성공적인 건설공사보험 가입방안)

  • Kim, Young-Jae
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2007.11a
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    • pp.48-53
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    • 2007
  • A project manager of construction project must analyze risks which might happen during the construction phase and prepare a restoration method against the risks in order to get the successful project's accomplishment. Insurance is a representative kind of risk transfer method and an institution which prevents damages of the insured. In spite of increasing the ratio of construction insurance policy in the construction industry, project managers have regarded the insurance as a formal action in the budget through insurance companies' guides. These aspects make them not be able to valuate the reasonableness of premium rate and the real amount of the risks. This thesis is to present an improved method of construction insurance contract. Firstly, the status of the current construction insurance system have been anlyzed and the problems have been deducted. Secondly the development direction against the problems is presented in the research. Lastly, the procedure model is proposed for acquiring the resonable premium rate of insurance.

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A Research on the Internet-based Cyber-insurance Service (인터넷상의 사이버보험의 현황과 발전 방향에 관한 연구)

  • Nam, Sang-Zo;Lee, Jung-Ho
    • Asia pacific journal of information systems
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    • v.8 no.3
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    • pp.165-180
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    • 1998
  • In this study, we analysed the current situation of Internet-based insurance services which can provide a non-traditional and cost effective communication channel between the customers and insurance companies. The service of Internet-based cyber-insurance extends from mere advertisement to on-line contracts through planning simulations and, furthermore, to customer monitoring. This cyber-insurance is the demand of the times and is not to be overlooked-by the Korean insurance companies which are suffering from accumulated loss and are facing severe economic depression. We performed a comparative analysis between the domestic cyber-insurance service and pioneers'. Also, we suggested future possibilities of cyber-insurance services, presenting an architecture for the construction of a cyber-insurance management module within the meta financial investment system.

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A Case Analysis of the Economic Impact on Accidents during Excavation (터파기 공사 사고의 경제적 영향 사례분석)

  • Go, Kwang-Ro;Lee, Ghang;Choi, Myung-Seok
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2008.05a
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    • pp.7-10
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    • 2008
  • As the land price in the downtown area increases, buildings are becoming bigger, deeper and higher. Consequently, the importance of underground construction has increased. Although construction engineers make every effort to complete underground construction without any problem, construction failures like landslides and the collapse of a retaining wall occur because of the uncertainty of the soil conditions as well as the unexpected risks of excavation work. In order to prevent potential excavation accidents, it is essential to understand the causes and impacts of such accidents. However, there are only a few examples of construction failures, which show the economic impact on accidents during excavation because of the sensibility of the information. This paper presents two cases of excavation accidents, which were investigated by construction insurance company. The compensation for the accidents paid by the insurance company was compared with the estimated costs calculated based on the estimation method for excavation accidents proposed by our previous study. The comparison results showed that the estimate calculated by our method was much less than the actual compensation because the estimate solely focused on the construction costs whereas the compensation included other external factors.

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The Duty to Avert or Minimise a Loss in Marine Cargo Insurance (해상적하보험에 있어서 손해방지의무의 문제점에 관한 고찰)

  • Lee, Shie-Hwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.26
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    • pp.173-199
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    • 2005
  • The MIA 1906, s.78(4) provides that it is the duty of the assured and his agents, in all cases, to take such measures as may be reasonable for the purpose of averting or minimising a loss. In many cases the statutory duty will be unimportant, since rights, duties and liabilities declared by the Act or implied into marine insurance contracts by law may be modified by agreement, and many contracts contains a sue and labour clause which effectively reproduces and/or to modifies the statutory duty. The effect of such contractual provisions will, of course, be a matter of construction, though modern sue and labour clauses tend to reflect the principles contains in section 78. However, it must not be assumed that the terms of all contractual sue and labour clauses are, or will remain, identical, either with each other or with the statutory duty. The purpose of this study is to clarify the ambit of sue and labour.

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An Analysis on Expanding Construction Insurance and Estimating Necessary Budget (건설공사보험 확대 당위성 및 예산소요 분석 연구)

  • Kim, Myeongsoo
    • Korean Journal of Construction Engineering and Management
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    • v.15 no.5
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    • pp.94-102
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    • 2014
  • This study analyzes necessity of expanding construction insurance and estimates required budget. Construction insurance is obliged by National Contract Law and Local Contract Law to protect projet owners and contractors from any unexpected construction risk such as financial losses in construction process. Currently the contracts of design-build and alternate-bid projects as well as PQ project, which are greater than 20 billion won, require the contractors to provide construction insurances in Korea. Insurance premiums are borne by the public project owner. Those contractors whose contract volume is less than 20 billion won burden all risks of projects at their cost. This causes equity problem. Because small-and-medium contractors are discriminated against large contractors since insurance-obliged projects are performed by large contractors and insurance premiums are borne by the public project owner. On the other hands, in all engineering projects, regardless of volume, insurance premiums are borne by the project owner. Therefore current regulation has to be improved, by expanding to all public projects. The average ratio of unobliged projects is 46%, in recent 3 years, prime cost of insurance companies is estimated 0.2%. Moreover considering risks of each construction type, prime cost of unobliged works is estimated as 0.13%. Hence additional necessary budget is estimated to be 2.09 billion won if total volume of public work is 3.5 trillion won. And 2.39 billion won is derived if total volume of public projects is 4 trillion won.

A Study on the Rule of Warranty in the English Law of Marine Insurance (영국 해상보험법상 담보(warranty)에 관한 연구)

  • Shin, Gun-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.42
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    • pp.275-305
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    • 2009
  • Marine insurance contracts, which intended to provide indemnity against marine risks upon the payment of price, known as a premium, originated in Northern Italy in the late 12th and early 13th centuries. The law and practice were later introduced into England through the Continent. It is, therefore, quite exact that English and European marine insurance law have common roots. Nevertheless, significant divergences between English and European insurance systems occurred since the late 17th century, mainly due to different approaches adopted by English courts. The rule of warranty in English marine insurance was developed and clarified in the second part of the 18th century by Lord Mansfield, who laid the foundations of the modern English law of marine insurance, and developed different approaches, especially in the field of warranty in marine insurance law. Since the age of Lord Mansfield, English marine insurance law has a unique rule on warranty. This article is, therefore, designed to analyse the overall rule of the rule of warranty in English marine insurance law. The result of analysis are as following. First, warranties are incorporated to serve a very significant function in the law of insurance, that is, confining or determining the scope of the cover agreed by the insurer. From the insurer's point of view, such the function of warranties is crucial, because his liability, agreed on the contract of insurance, largely depend on in, and the warranties, incorporated in the contract play an essential role in assessing the risk. If the warranty is breached, the risk initially agreed is altered and that serves the reason why the insurer is allowed to discharge automatically further liability from the date of breach. Secondly, the term 'warranty' is used to describe a term of the contract in general and insurance contract law, but the breach of which affords different remedies between general contract law and insurance contract law. Thirdly, a express warranty may be in any form of words from which the intention to warrant is to be inferred. An express warranty must be included in, or written upon, the policy, or must be contained in some document incorporated by reference into the policy. It does not matter how this is done. Fourthly, a warranty is a condition precedent to the insurer's liability on the contract, and, therefore, once broken, the insurer automatically ceases to be liable. If the breach pre-dates the attachment of risk, the insurer will never put on risk, whereas if the breach occurs after inception of risk, the insurer remains liable for any losses within the scope of the policy, but has no liability for any subsequent losses. Finally, the requirements on the warranty must be determined in according to the rule of strict construction. As results, it is irrelevant: the reason that a certain warranty is introduced into the contract, whether the warranty is material to the insurer's decision to accept the contract, whether or not the warranty is irrelevant to the risk or a loss, the extent of compliance, that is, whether the requirements on the warranty is complied exactly or substantially, the unreasonableness or hardship of the rule of strict construction, and whether a breach of warranty has been remedied, and the warranty complied with, before loss.

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A Status Analysis on the Field Management of Professional Construction Firms after Abrogation of Construction Participants System (시공참여자제도 폐지 이후 전문건설업체의 현장관리 실태분석)

  • Park, Kyoung-Hun;Kim, Hwa-Joong;Son, Chang-Baek
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2009.11a
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    • pp.199-203
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    • 2009
  • After the construction participants system is abolished, expectations are high for its consequences such as liquidating paper-companies, holding back low price contracts, and improving multi-stepwise subcontract structure. However, the professional construction firms have been took responsibilities and obligations as businessmen employing the chief workmen and construction workers. For this reason, it is expected that they will be charged a great deal of expenses such as increase in labor management services and laborers, the occurrence of an retirement grants, insurance fees, etc. Since the hold on power of field managers are getting weaker toward the construction workers, it is most likely to have loss in efficiency of production in the long term. Therefore purpose of this research is to analyze difficulties and the point at issues with which professional construction firms are undergoing after abolishing the construction participants system by investigating on the actual condition in the field management. For this research, we got a grip on the actual condition and analyzed the rise of a primary factor on reinforced concrete construction.

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Comparison of Labor Inputs from Standard Quantities per Unit and Actual Quantities in Apartment Reinforced Concrete Work (공동주택 골조공사의 표준품셈 노무량과 실투입 노무량 비교)

  • Jeon, Sang-Hoon;Koo, Kyo-Jin
    • Korean Journal of Construction Engineering and Management
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    • v.9 no.2
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    • pp.182-189
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    • 2008
  • In private and public construction works, cost estimation and site productivity management are based on designed labor quantities calculated by the Standard Quantities per Unit (SQU). The designed labor quantities are regarded as the basis for insurance costs and safety and environmental costs and also affect the progress measurement of construction works. Even though the designed labor quantities from the SQU has been considered to be different from actual labor quantities put to construction works, there is no research that empirically analyzes the statistical differences. This study analyzes actual labor quantities of form workers, steel-bar fabricators, concrete pourers in reinforced concrete works of the 43 apartment projects, and compares the actual labor quantities to labor quantities from the SQU. It goes further to scrutinize the critical reasons underlying the differences through a survey on 65 practitioners and interviews with 32 site managers and supervisors. The regression models of labor quantities of the apartment concrete work produced by the present study will contribute to reasonable construction contracts based on the past actual costs and practical site management by the actual labor quantities.