• Title/Summary/Keyword: Construction Subcontract Dispute

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A Study on the Effect of External Response to Construction Subcontract Disputes (건설하도급분쟁에 대한 외부적 대응노력(컨설팅)의 효과에 대한 연구)

  • Bae, Chan Young;Hyun, Byung Hwan
    • Korean Journal of Construction Engineering and Management
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    • v.20 no.5
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    • pp.72-82
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    • 2019
  • The purpose of this study is to find out how any organizational response or dispute-related consulting has a significant impact on management performance before or during a dispute over a construction subcontract dispute. In this study, multiple regression models were used to analyze the impact on consulting performance. According to the result of the analysis, the positive effects on the overall external consulting effect is influenced by five variables such as financial values, increase of the number of disputes, construction of response system by contents, construction of response system in each period, dispute response external response system. The original business operators were also more likely to be affected by internal activities of conflict response companies and the extent to which external response systems were established. This means that the supply and demand service provider's business environment is relatively poor, forcing it to be lower than the internal and external activities and influences of the original business operators of the conglomerates.

A Study on Improvements of Regulation for the Preventing Commercial Disputes Related to Adjustment of Subcontract Price (하도급대금 조정 관련 분쟁의 예방을 위한 법규 개선방안에 관한 연구)

  • Min Byeong-Uk;Lee Jong-Gwang;Kim Yong-Su
    • Korean Journal of Construction Engineering and Management
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    • v.6 no.1 s.23
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    • pp.186-194
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    • 2005
  • The purpose of this study is to examine the problems of the regulations regarding the modification of subcontact price. It also suggests several measures to improve the regulations related to the subcontact price adjustment which help to reduce unnecessary claims and commercial disputes. The literature research, structure and context analysis on the subcontract regulation and survey are adopted as basic research methods. The primary findings of this study are summarized as the following: (1) A provision outlining necessary procedures that an owner and a contractor should notify a subcontract or the adjustment of contact price needs to be made. (2) A provision allowing procedures that subcontactor could make the alteration of subcontract agreement and adjustment of subcontact price needs to be made. (3) The terminology like a unit cost and the rate of contact price needs to be clearly defined in order to improve the criterions of the subcontact price adjustment. (4) The criterions and additional expenses that the contractors ate responsible far need to be defined.

A Study on the Minimization of Problems of the Direct Payment for Subcontractor's Work in Public Construction Project (공공건설사업(公共建設事業) 하도급대가(下都給代價) 직접지급(直接支給)의 효과분석(效果分析)을 통한 문제점(問題點) 저감방향(低減方向)에 대한 연구(硏究))

  • Cho, Young-Jun
    • Korean Journal of Construction Engineering and Management
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    • v.8 no.5
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    • pp.101-108
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    • 2007
  • To execute a construction project, many construction participants are engaged in the project. Especially many subcontactors role is very important, but their contract statute seems weaker rather than prime contractor. So to protect the subcontractor and to activate fair subcontract, Fair Transactions in Subcontracting Act was enacted. Direct payment to subcontractor clause of the act can protect subcontractor from the fear of insolvency of prime contractor, on the other hand can cause dispute about the interpretation of defect liability. Therefore the positive act and regulation were examined, and the effects of direct payment to subcontractor were analyzed. And the treatment direction of direct payment were suggested in this paper. Summary is as follows; (1) Statute of subcontractor for the ordering subject must be considered (2) Contract relationship must be reflected in the performance bond, subcontract bond, and subcontract construction conditions (3) To clarify the defect liability for the direct payment, retainage to guarantee the repair during contract period may be reflect on the subcontract construction conditions.

Improvement of Contract Change Order System for the Fairness of Subcontracting in Public Construction Projects (공공건설공사의 하도급 거래 공정화를 위한 계약변경 제도개선 방향)

  • Cho, Youngjun
    • Korean Journal of Construction Engineering and Management
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    • v.21 no.5
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    • pp.3-10
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    • 2020
  • Subcontracting of construction is essential to carry out public construction projects. Subcontractor of the construction work shall enter into a contract with the original contractor without directly entering into a contract with the owner. Subcontracts are therefore greatly affected by the original contract with the owner. To protect subcontractors, the Fair Trade Act is enacted and the construction company's standard subcontracting contract is in operation. However, subcontracts are not properly reflected in the Government contract system, which deals with the relationships between the owner and the original contractor. In particular, the subcontractor may complain of difficulties at the public construction site as such procedures are not properly reflected in the construction work standard subcontract, although various procedures shall be carried out depending on the amount when change order occurs in subcontracts. Thus, the direction of improvement of subcontracting systems was proposed in the case of change order at public construction project sites as follows: First, the rights of subcontractors should be strengthened. Second, in order to resolve the information non-identity, subcontractors should have access to information related to subcontracts. Third, the status of subcontractor shall be guaranteed by reflecting the characteristics of the subcontract when the original contract for public works is concluded. Fourth, the dispute settlement method should be prioritized over litigation in order to fair subcontracting.

A study on the method for the Integrated Cost Estimate based on Project(ICEP) of program management with typical model (기준모델을 사용한 종합사업관리용역비 산정방법(ICEP) 연구)

  • Baek, Myeongchang;Park, Junmo;Park, Gilbeom;Kim, Okkyue
    • Korean Journal of Construction Engineering and Management
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    • v.16 no.1
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    • pp.119-128
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    • 2015
  • Domestic dominant method in subcontract cost estimate for comprehensive program management is estimation by referencing similar cases or relying on the experience and expertise of the engaged. However, this method is not reliable due to lack of accuracy, making it harder for clients to plan and budget the program. Since budget itself is roughly estimated, it becomes a source of cost rise in the course of management due to design modifications. Therefore, the client and service providers shall calculate more accurate service cost by applying objective and scientific method in order to minimize cost rise and cost related dispute. Traditional cases, in estimating program management cost, took Top-Down approach based on precedents and experience. On the contrary, this study will categorize management structure into phases and activities, issue WBS for each phase to estimated schedule and cost for each code, and take Bottom-UP approach. By taking this approach named ICEP (Integrated Cost Estimate based on Project), Set project typical model will be developed for service cost estimating, calculate cost by applying project-specific factors. Also, by analyzing progress data and allocated management cost to complement them, more efficient construction management will take shape based on program management cost standards which reflect project-specific features.