• Title/Summary/Keyword: Contract Completion

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A Study on the Unfair Aspect of Specific Provisions in the Construction Contract : Counterplan and Institutional Reformation (건설공사 계약서상 불공정특약에 대한 대처방안 및 제도개선에 관한 연구)

  • Choi Jea-Won;Park Keun-Hyung;Kim Yong-Su
    • Korean Journal of Construction Engineering and Management
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    • v.5 no.6 s.22
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    • pp.146-153
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    • 2004
  • The purposes of this study are to survey unfair aspects of specific provisions in the construction contract, and to suggest counterplans and institutional reformations. The research method of this study includes judicial precedent analysis and a questionnaire survey, The results of this study are as follows: 1) the main problems of unfair specific provisions are payment condition, shifting of the responsibility and adjustment in the contract sum. 2) counterplans ate suggested according to the construction phase : bid, construction and completion phase. 3) institutional reformations include firming up regulations, supervision, invigoration of claim, development of variation guideline, and so on.

Study on the Analysis of Domestic Construction Management Orders

  • Park, Jongsoon;Lee, Keunwon;Ann, Kyunghwan;Shin, Changhyun;Cho, Jaeho;Chun, Jaeyoul
    • International conference on construction engineering and project management
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    • 2015.10a
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    • pp.387-391
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    • 2015
  • Currently, there is insufficient research on the construction management performance since the CM system was introduced in Korea. For successful completion of construction projects, active use of construction mangers on projects is necessary by introducing construction management to the projects. In view of this, this study analyzed the annual CM performance from 1996 to 2013 but for the past 5 years from 2009 to 2013, a detailed analysis was carried out. For different sectors, CM performances were divided into public and private sectors, for project types, construction, civil and others, for project phases, pre-design, design, construction and post-construction phases, for contract types, sole and joint contract types, for project scale, the amount of the projects was taken into consideration and they were divided into large, medium and small scales and for the types of projects, they were divided into, shops, department stores, shopping centers, hospitals, government buildings, hotels, accommodation facilities, factories, buildings for workshops, office buildings, stadiums, playgrounds, schools and other construction types and all the data divided into such categories was analyzed. The results in this study can be used as a basic reference for studies in analysing construction management performances.

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A Study on the Interpretation for Change Order Clause of USA Government Contract (미국의 공공공사 설계변경조항 해석동향 연구)

  • Cho, Young-Jun
    • Journal of the Korea Institute of Building Construction
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    • v.9 no.5
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    • pp.103-110
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    • 2009
  • A construction project consists of a variety of contracts for the completion of work. The large number of contracts involved in a single project increases the likelihood that disputes will arise between the parties involved regarding the terms of service. Actually, there are many disputes that are caused by a change 0 order. While such disputes should be settled by interpreting the terms stipulated in the agreement entered between the two parties, the process of dispute settlement is often restricted to arbitration and lawsuit, and as a result the parties tend to avoid it due to its inefficiency. For this reason, in Korea it is hard to find cases of interpreting terms of service, while in the U.S. it is easy to find diverse cases of interpreting terms of service, since there is a process of dispute settlement by each stage by the party who has placed an order. Therefore, this study presents analysis of case studies of contract changes, looking specifically at changes in the scope of the work, changes in quantity, changes in the period of implementation, changes in the method of implementation or attitude, changes in items provided by the government or the delivery place, and the acceptance of such change procedure by a contractor, and the adjustment of a reduction.

A Study Of the Construction Management Applied to BAT Korea Factory Construction Project in Korea (BAT Korea Factory 건설 프로젝트의 CM 적용사례 연구 - Cost Management 사례를 중심으로 -)

  • Kim Duk-Kon;Kwon O-Kyung;Kim Jong-Hoon
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.48-57
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    • 2003
  • BAT Korea's Factory is the one of the major projects that clearly confirms and demonstrates that Construction Management (CM), provided by a Korean CM Company to the foreign clients, enables them to successfully complete projects; with savings in time and reduction in cost, which it is $15\%$ lower than the cost of the overseas construction. Also, throughout the thorough schedule management, it was possible to commence with manufacturing one month after the completion date. The Key Success Factors was generated by the excellent construction management skills, and more importantly by the confidence gained by the client in giving a CM company full authority for the construction management of the project. This study has focus on elements of construction management applied to this project throughout the concept of 'One Stop Shop', including cost managements, contract management and value engineering etc. We hope that this study will provide useful data to enable public clients to take advantages of construction management, in a similar way to. the private clients, who have already implemented CM actively.

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A study on the problem and Counter measure of plant Construction project. -Based on tile work of both civil engineering and steel structure in the plant construction project of On-San Refinery- (PLANT 건설공사의 문제점과 대책에 관한 고찰 (온산동련소 건설의 토건공사및 철골공사 사례를 중심으로))

  • 유광수
    • Journal of the Korean Professional Engineers Association
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    • v.16 no.1
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    • pp.13-19
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    • 1983
  • As one of staff members participated in the full course of the plant construction project of On-san Refinery to its successful completion. I had my past expierence that the plant construction project was so complicated, and a Long period required, and thus there were so money problems to be solved. Among the problem, I mainly noticed that the following listed points were solved and improved. 1. Each drawing should be in every accuracy possible. 2. Contract should be specified in every detail possible. 3. All invoiced prices of breack down list should be coped with the current market prices. 4. All execution of work should be in the most accuracy. A. Planing execution of work. B. Coordination with supervisor group. C. Economical method for execution of work. D. Safety control. 3, Calculation work field should be established seperately 6. Each staff members should be work at the best of his pride.

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A Research on the Development of Management Process System of Public Ordering Service Results and Estimation (건설기술용역 실적 관리 프로세스 시스템 개발에 대한 연구)

  • Lee, Kyu-Sung;Lee, Han-kyu;Kim, Nam-Gon
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2014.05a
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    • pp.168-169
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    • 2014
  • Construction Technology Service is currently hardly managed due to failure to offer standard management system of service performance, company performance, and business evaluation in every Ordering Agencies. After Construction Technology Promotion Act is enforced in May 2014, Ordering Agency obligates them to report to Minister of Land and Transportation within 10 days upon contract/ amendment/ completion. In 2013, in advance to enforcement of this law, performance management system for construction technology service was developed for a test run. However this system only applies to main contractors while management and operation of subcontractors are unavailable that causes problems on connection and integration with Experience Management Trustee. Therefore, this research will establish systematic foundation that enables real-time information of service performance and evaluation of subcontractors to result standardization of performance and evaluation for public ordered services.

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A Study on the Actual Problems of Field Fire Supervision System(Focus to Dajeon City) (상주 소방감리업무의 현실적 문제점에 대한 연구 -대전지역을 중심으로-)

  • Choi, Man-Chul;Kim, Byung-Suk
    • Journal of the Korea Safety Management & Science
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    • v.13 no.1
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    • pp.31-39
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    • 2011
  • In this study, supervision resides fire mission against problems associated with case studies and surveys done through the side of the field work, technical personnel, fire management, including fire code aspects classified into three kinds of items dealt with the issue. Started at the scene of the problem in terms of performance, the issue of the construction process, mainly dealt with the issue at the time of completion. Fire management side, supervisor of technical personnel, human resources management issues, contract issues, fire code level, the frequent revisions of fire regulations, supervision, processing delays of the resulting report, the problem resides with the expansion of Fire Supervision target was mentioned. Finally, the target for each hierarchical supervision, and resident supervisor of the need for supervision of work performance test was carried out by the correlation.

TEN MANAGEMENT STRATEGIES TO AVOID CONSTRUCTION CONFLICTS

  • Nirmal Kumar Acharya;Young Dai Lee;Soo Yong Kim;Yong Duek Kim
    • International conference on construction engineering and project management
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    • 2005.10a
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    • pp.709-713
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    • 2005
  • The conflict problems encountered in the construction projects led to prolonged delays in implementation, interruptions and sometimes suspension. This paper has described ten fundamental management principles to avoid conflicts in construction field and increase the productivity. They are: i) hire good (not cheap) construction professionals ii) set reasonable time and cost goals iii) recognize contractors and designers are in business to make profit iv) draft a clear contract document v) pick a suitable project delivery system vi) implement a front-end approach vii) accept construction project as a dynamic process viii) need of education and training of professionals ix) accountability and teamwork in construction site, and x) avoid negligence.

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Suggestions for Sustainable Construction Project Management (지속가능한 건설사업관리를 위한 발전방안)

  • Lee, Seung-Hoon
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2021.11a
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    • pp.240-241
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    • 2021
  • For the sustainable development of the domestic construction project management field, each CM company should try to diversify in terms of service contract types and scope of work while having internationally competitive technical and service capabilities as follows. First, from the initiation of the service to the completion, the CMr should be able to establish and execute a plan to create specific outcomes. Second, CMr must have the capability to produce weekly or monthly cost, schedule, risk, and scope management reports. In addition, it should be possible to apply the cost plus sliding fee method or to systematically and continuously accumulate and process data generated during the construction process.

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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.