• International Journal of Highway Engineering
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• v.20 no.1
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• pp.1-8
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• 2018

PURPOSES : Case studies of an asphalt-overlay project with a performance-based contract method were conducted on a national highway in Korea to evaluate the effect of the method on asphalt pavement maintenance. This study evaluated the procedure of the performance-based contract method. METHODS : In this study, an asphalt-pavement maintenance project for a national highway was assessed with a performance-based contract to investigate the advantage of the new contract procedures. This is the first trial applying the performance-based contract to a pavement-rehabilitation project in Korea. In the four case studies, the warranty period of the performance-based contract was designed for seven years. The research team monitored the construction site to compare the normal contract method with the performance-based contract method. The case studies' project sites were investigated after the end of the construction. RESULTS : Based on the limited case studies, the performance-based contract method could extend the service life of the asphalt pavement and reduce the pavement-maintenance budget because the quality control was well managed by the contractors. However, a few construction laws would be necessary to apply the performance-based contract method in the future. CONCLUSIONS : Using the performance-based contract, the construction company made great efforts to guarantee the warranty period and to apply the optimal maintenance method, based on the pavement distress condition. The contractor and the agency would need to understand the new performance-based contract system for it to be activated. Therefore, a proper education program for the performance-based contract system would be needed to educate the stakeholders regarding the procedures and their effects on the pavement management and maintenance.

• Journal of the Korean Dietetic Association
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• v.11 no.4
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• pp.381-392
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• 2005

This study compared he importance of food service, views to the performance, management objectives, and recognition gap about the contract contents towards the dietetic departments of hospitals that manage the patients' food service and managers of contract managed companies, and dieticians. It conducted questionnaires and survey towards the vice director and dieticians of 17 hospitals, over 500 beds, and the persons responsible for contract managed companies and dietitians who were in charge of food service. The hospitals showed significantly(p<0.05) higher the importance scores in menu planning, the distribution of meal, sanitation management, and leadership than those of the contract managed companies. In the difference of hospitals and contract managed companies about performance, it appeared high in the contract managed companies. In the importance of the foodservice management objective, the hospital had significantly(p<0.05) higher scores in the management of client's satisfaction and quality improvement element through management innovation than those of the contract managed companies. In the importance of contract term, the contract method, expense, and payment condition of commission fee were significantly(p<0.05) high scores in the contract managed companies, compared to the hospital.

• Land and Housing Review
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• v.2 no.4
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• pp.479-489
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• 2011

This study aims to suggest the method to enhance the value of public construction project during contract review process considering budget reduction for project profit and public interest enhancement simultaneously. The main results of this study are as follows: (1) Current method are considered to be improved from the point that cost reduction through current method could influence performance of the object of contract without conforming to user requirements or facilities' function. (2) In order to supplement current process, the method to evaluate the variation of performance and value was established based on facility type, participants on each phase, and their requirement. (3) Case study was conducted to verify suggested method, and showed the successful application in enhancing the value of construction projects on public sector.

• Knowledge Management Research
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• v.11 no.3
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• pp.31-45
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• 2010

IT outsourcing studies have centered on the separate effect of formal contract and relational trust on IT outsourcing performance. In addition, previous studies ignored the importance of the relational capability that combine the formal contract and partnership can be able to deliver IT outsourcing effects. In this paper, we propose an IT governance commitment as a mediated role between relational capability and IT outsourcing performance. We collected data from 143 client companies of IT outsourcing and analyzed it using the PLS method. Our findings are revealed as following: At first, relational capability significantly and directly influence IT governance commitment as well as indirectly through formal contract and partnership. Secondly, IT governance commitment mediate between relational capability and IT outsourcing effect, and in turn affect IT outsourcing performance. The results and implications are further discussed.

• Korean Journal of Construction Engineering and Management
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• v.14 no.2
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• pp.35-44
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• 2013

Multi-trade Contract Method was introduced as a means of cutting down construction cost of public housing for low income people. Before a specific project delivery method is applied to large public construction project, it is necessary to discuss all the issues raised up from all the parties in construction industry and all the issues which can impact project performance. Thus the interviews were conducted with industrial professionals from diverse organizations and previous studies were investigated to figure out how this newly introduced project delivery method may impact owner's role and responsibility and project performance in terms of cost, schedule, quality and risk. Under the Multi-trade Contract Method, project owner's management tasks will be highly increased, so it should be checked out if the owner can do its role and responsibility. Public owner's organization also needs to be changed and proper project management procedure and system need to be established. In addition, for efficient application of Multi-trade Contract Method, public owner should consider diverse management approach to deliver the project, and how to select and maintain qualified specialty trades.

• Korean Journal of Construction Engineering and Management
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• v.9 no.4
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• pp.66-74
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• 2008

Warranty contracting for pavements construction has been widely used in Europeans countries, Japan, and the U.S. and the benefits of warranty contract has been proven. This research investigated the European, U.S., and Japanese warranty contract policies and compared pros and cons. The most appropriate warranty contract policy solution is developed to fit in the Korean construction industry culture. Three main conclusions have been developed in this study: (1) performance specifications should be developed; (2) the systematic method is required to estimate the appropriate costs of performance bond and warranty period, etc.; and (3) short and long term plans for adopting performance warranty contract in Korea are suggested.

• Journal of Korean Academy of Nursing
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• v.21 no.1
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• pp.63-78
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• 1991

The purpose of this study was to test the effects of health contract on the performance level for activity of daily living(ADL) in the hemiplegic patients. A quasi - experimental research for health contract, which was approved as an effective method of nursing intervention, was attempted to increase the performance of the hemiplegic patients' ADL. As a purpose sample, 69 hemiplegic patients hospitalized at Oriental medicine hospital of K university were taken and devided into the experimental group and the control group by means of random assignment. After Contracting with the experimental group, they were reinforced everyday for 20 minutes. The experimental group and the control group were observed and interviewed for five times at the in terval of 3~4 days by the trained nurses for this research. The data Collected through above mentioned methods were compute analyzed by t-test and ANOVA according to the purpose of this study. The data collected through above mentioned methods were computer analyzed by t-test and ANOVA according to the purposre of this study. strate increased the performance level for ADL than the Control group” was supported(t＝2.96, df＝52.76, p＝ .004). Sub Hypothesis 1,2,4,5 : “The hypothesis that the experimental group with health contract will demonstrate increased the performance level for eating(t＝2.29, df＝42.70, p＝ .027), personal hygiene and grooming (t＝4.04, df＝43.10, p＝ .000), dressing(t＝3.32, df＝67, p＝ .001) and undressing (t＝3.47, df＝48.44, p＝ .001) than the control group” was supported. Sub Hypothesis 3.6 : “The hypothesis that the experimental group with health contract will demonstrate increased the performance level for toiletting(t＝ .19, df＝67, p＝ .849) and mobilization (t＝ .30, df＝67, p＝ .765) than the control group” was not supported. The conclusion can be that the positive relationship between the nurse and the patient results in the desired performance level for ADL in the hemiplegic patients.

• Journal of Construction Engineering and Project Management
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• v.5 no.3
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• pp.18-28
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• 2015

Bidding and contract systems are used for public construction projects to select contractors following fair competition principles and to execute national budgets effectively. Many challenges have arisen due to a lack of transparency and fairness and because bidding practices have been luck-based. Few comprehensive or comparative analyses have been conducted on the performance and limitations of bidding and contract systems, and empirical analyses designed to improve policies on and the practice of such systems are lacking. This study empirically analyzed current bidding and contract systems to seek ways of improving them. The study proposes several alternatives to resolve the problems with and irrationalities of the current system: 1) improving bidding and selection systems by changing them from a luck-based price competition into a technical merit- and value-based competition; 2) improving the assessment criteria to meet the current market level of bid and winning prices; 3) adjusting contractual responsibilities and sharing structures to meet the current trend; and 4) strengthening the competitiveness and expanding the social responsibility-based procurement systems of construction companies.

• Journal of Arbitration Studies
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• v.29 no.3
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• pp.39-52
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• 2019

There are various factors to consider when parties to an international agreement draft a dispute resolution clause in their written contract. These factors can be classified into two categories. The first category is about the parties and the nature of the contract, such as the parties' places of business and whether the contract contains a simple transaction or has a complicated nature. The second category is about the applicable rules of the parties' places of business or performance such as the private international law, service of process rules, and enforcement of court judgment and arbitration award rules. When parties to an international contract agree to a litigation, they normally choose a forum court and a governing law. In selecting a forum court and a governing law, the parties must consider private international law, service of process rules, and enforcement of judgement rules of candidate forums. In case the parties agree to an arbitration, they have to choose between institutional arbitration and ad hoc arbitration. For ad hoc arbitration, parties still need to further agree on which arbitration rules to use, and in which place the arbitration shall take place. Mediation involves a similar kind of decision as with arbitration. Traditionally, national courts of the parties' places of business have been used as litigation forums in dispute resolution clauses but, recently, arbitration is being increasingly employed as an alternative dispute resolution method in international contracts. Moreover, there have been international efforts to utilize mediation as a dispute resolution method in international commercial issues. Rather than simply taking a dispute resolution clause provided in a sample written contract, parties to an international contract must carefully consider various relevant factors in order to insert a dispute resolution clause which will work well for a particular contract.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.37-72
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• 2016

In the aerospace field, besides special purpose airplanes, contracts for supply of various types of products such as prototypes, unmanned aerial vehicles and space launch vehicles are increasing. In the case of the contractor, it was planned to spend a large amount of money to supply the production, but if the purchase specification that presents the quality and performance standard of the product is poor or lacks the capacity to judge the performance, consuming enormous amounts of time and money. Even if the undertaker does not have the ability to supply the products with the required performance and quality to achieve the purpose of the contract, he/she must pay the cost of burial due to the incompleteness of the work and the compensation for the cancellation of the contract. In this case, the defendant ordered the plaintiff to supply the aircraft by the Happy Box method, which is capable of ILS Offset flight as specified in the Purchase Specification, but the plaintiff attempted to supply the aircraft by the RNAV method. Although the ILS ground signal can be inspected by the RNAV method, the aircraft manufactured in the manner claimed by the plaintiff does not have the ILS Offset flight function required by the purchase specification, so the defendant can not achieve the purpose required by the purchase specification. It was a question of whether a defendant's cancellation of contract was legitimate. The aircraft, which is the object of this contract, is a subordinate substitute, so the case contract is of undertaking. Therefore, in order to complete the work in this contract, the major structural parts of the aircraft must be manufactured as agreed and have the performance generally required in the social sense. However, the aircraft delivered by the plaintiff has serious defects because the defendant can not achieve the purpose required by the purchase specification due to the lack of the ILS Offset flight function required by the purchase specification. This deficiency is impossible for the plaintiff to repair, so the defendant 's cancellation of the contract is legitimate.