• Title/Summary/Keyword: Contract Price

Search Result 299, Processing Time 0.028 seconds

A Study on the Legal Liabilities of Contractor as a Delay in the Product Delivery on the Offshore Plant Construction Contract (해양플랜트공사계약상 제조물인도지연에 따른 당사자의 법적 책임에 관한 고찰)

  • Jin, Ho-Hyun
    • MARITIME LAW REVIEW
    • /
    • v.29 no.2
    • /
    • pp.115-144
    • /
    • 2017
  • The impact of the global financial crisis, which began in the United States in 2007, had a major impact on the domestic shipping and shipbuilding industries. In this regard, the domestic shipyard has established an order-taking strategy in several ways as an alternative to lowering the amount of construction of commercial vessels due to deterioration of the shipping industry, and selected industrial sector was the offshore plant sector. However, the domestic shipyard has under performed the offshore plant in order to just increase sales and secure work without any risk analysis for EPC contracts. As a result, the shipyard has been charged more than the initial contract price with the offshore plant contractor, or the shipyard has become a legal issue requiring payment of liquidated damages due to delays in delivery of the product. The main legal disputes are caused by the thorough risk analysis and the inexperience of process control that can occur during offshore plant construction. and In particular, there is no sufficient review of the unequivocal provisions in the contract as an element of risk management. There is no human resource to review these contractual clauses. Therefore, this study identifies the existence of specific risks that could lead to delays in offshore plant construction, and examined the existence of any unequivocal clauses in contracts for offshore plant construction. and also discussed how the toxic clause applies to the actual parties and how the concrete risk factors in the construction contracts are transferred and expressed by referring to the interviews with the project manager of the domestic shipyard and the previous research. As a result, This paper examined the legal liability of the contracting parties regarding delayed delivery of the products due to the offshore plant construction contract. And to improve the domestic shipbuilding industry.

A Study on the Use of Parking Lots and Improvement Methods of Land Supply in Public Development Zones (공공개발지구 내 주차장용지의 이용실태와 토지공급방법 개선방안 연구)

  • Park, Chang Yul;Kim, Si Jin
    • Land and Housing Review
    • /
    • v.10 no.4
    • /
    • pp.13-30
    • /
    • 2019
  • Parking lot within housing site contains public interest of relieving parking space shortage problem and subject to public restriction. If auctioned off at higher price by excessive competition in general competitive bid for land bidders, the development of parking lot will be made against its original purpose supply. The core issue is that a bid price is quite often to be blown out of proportion by 150%~ 250% due to extreme competition and, could face serious problem if a winning bidder runs sale business. If it is rental business, although about 30% of the total floor space of the whole building to be used as neighborhood facilities, too high winning bid price cause to lose transparency. In case of sale at aggregate buildings, most business operators would sell 30% of the neighborhood facilities, spare the parking lot and manages thereof separately. According to Aggregate Buildings Act, neighborhood facilities are allowed for individual registration and ownership of parking lot by business operator or designated person by business operator. In this case, the parking lot becomes 70% of the total floor space of the whole building and 70% of the land share which makes the mortgage very valuable and easier for business operator to get financial loan. There used to be many cases such as owners of neighborhood facilities (aggregate buildings partial owners) who run parking lot to repay their loan running parking lot to repay loan, but found that very tough and reached auction and relatively disadvantaged. For parking lot within housing site, it is recommend to exclude the public factors that land has and take into account of public restriction in area (housing site). Business opportunity for operators and protection of property rights for buyers in aggregate buildings, land supply method is recommended to replace from highest bid method into draw or private contract. In terms of price, supply at estimated price (construction price) and restriction on usage (Co-ownership of parking lot) proposals are submitted.

A Study of the Influencing Factors for Decision Making on Construction Contract Types : Focused on DoD Construction Acquisitions with Firm Fixed Price and Cost Reimbursable in FAR (건설공사 대가지급방식의 의사결정 영향요인에 관한 연구 - 미국 연방조달규정에 따른 미국 국방성의 정액계약과 실비정산계약을 중심으로 -)

  • Son, Young-Hoon;Kim, Kyung-Rai
    • Korean Journal of Construction Engineering and Management
    • /
    • v.25 no.2
    • /
    • pp.23-35
    • /
    • 2024
  • This study analyzed the correlation between each of the 12 influencing factors in FAR 16.04 and the decision-making process for construction contract types, using data from a total of 2,406 DoD Construction Acquisitions spanning from 2008 to 2022. The study considered 12 independent variables, grouped into 4 Characteristics with 3 factors each. Meanwhile, all other contract types were categorized into two types: Firm-Fixed-Price (FFP) and Cost-Reimbursement Contract (CRC), which served as the dependent variables. The findings revealed that FFP contracts significantly dominated in terms of acquisition volume. In line with prevailing beliefs, logistic data analysis and Analytical Hierarchy Process (AHP) analysis of Relative Weights from Experts' Survey demonstrated that independent variables like Uncertainty of the Scope of Work and Complexity found out to be increasing the likelihood of selecting CRC. The number of contractors in the market does indeed influence the possibilities of contract decision-making between CRC and FFP. Meanwhile, the p-values of the top 3 influencing factors on CRC from the AHP analysis-namely, Appropriateness of CAS, Project Urgency, and Cost Analysis-exceeded 0.05 in the binominal regression results, rendering it inconclusive whether they significantly influenced the construction contract type decision, particularly with respect to payment methods. This outcome partly results from the fact that a majority of respondents possessed specific experiences related to the USFK relocation project. Furthermore, influencing factors in construction projects behave differently than common beliefs suggest. As a result, it is imperative to consider the 12 influencing factors categorized into 4 Characteristics areas before establishing acquisition strategies for targeted construction projects.

Generator Maintenance Scheduling for Bidding Strategies in Competitive Electricity Market (경쟁 전력시장에서 발전기 유지보수계획을 고려한 입찰전략수립)

  • 고용준;신동준;김진오;이효상
    • Journal of Energy Engineering
    • /
    • v.11 no.1
    • /
    • pp.59-66
    • /
    • 2002
  • The vertically integrated power industry was divided into six generation companies and one market operator, where electricity trading was launched at power exchange. In this environment, the profits of each generation companies are guaranteed according to utilizing strategies of their own generation equipments. This paper presents on generator maintenance scheduling and efficient bidding strategies for generation equipments through the calculation of the contract and the application of each generator cost function based on the past demand forecasting error and market operating data.

Bid-based Direct Load Control Framework Under Electricity Markets (전력시장 환경하에 입찰기반의 직접부하제어 운영방안)

  • Lee, Ho-Chul;Song, Sung-Hwan;Yoon, Yong-Tae
    • The Transactions of The Korean Institute of Electrical Engineers
    • /
    • v.58 no.3
    • /
    • pp.455-461
    • /
    • 2009
  • This paper proposes Direct Load Control(DLC) operation scheme using a bidding system and the methodology to value proper quantity decided by the DLC program, which is a kind of resources for stabilization of electricity market price during peak times by managing consumer electricity demand. Since DLC program in Korea is based on the contract with the customers participating in this program, it is difficult to anticipate voluntary participation. That is, incentive for participants in DLC program is insufficient. To cope with this point, it is necessary to develop a new market mechanism and market compatible operation scheme for DLC programs. DLC market mechanism is deemed to be equipped with iterative bidding system, independent operation from energy market, and interactive with bidding information on energy market. With this market mechanism, it is important to find the optimal operation point of DLC allowing for the factors of stabilizing the electricity market price and compensating DLC implementation. This paper focuses on the mathematical approaches for the bid-based DLC operation scheme and examines several scenarios for the following technical justifications: 1) stabilization of electricity market price during peak times, 2) elasticity of demand.

A Study on Payments of Royalty & License Fee and Customs Valuation (권리사용료의 지급과 관세평가에 관한 연구)

  • LEE, Byung-Lak;RHEEM, Sung-Sue
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.69
    • /
    • pp.673-698
    • /
    • 2016
  • This study tries to conduct a systematic analysis on whether adding up the royalties and license fees or not in measuring the taxable amount of tariff. We have confirmed that three main criteria to decide whether it is yes or not are non-inclusion, relatedness and condition of sale. We also have realized that whether satisfying a condition of sale or not depends on license agreement, sales contract, special relationship and so on. Furthermore, we have made case studies of bonded factory, film's domestic distribution, exempt royalty and license fee, price for exclusive use of relevant technology, retroactive application of price change and strict interpretation. Based on the case studies we have derived the following conclusions: First, the royalties and license fees only actually paid to the licensors may be added to taxable amount. Second, the royalties and license fees incurred after the imported goods are made into domestic goods may not be added up. Third, the royalties and license fees paid as a price for use may not be added up. Fourth, the analogical interpretation of relevant codes is not accepted.

  • PDF

Study on the System Implementation for a Reliable Auction Right Analysis System with a Focus on Commercial Zone Analysis (상권분석시스템을 통한 신뢰성 기반의 상가건물 권리분석 프로그램 개발에 관한 연구)

  • Kim, Sangbeom
    • Journal of Digital Contents Society
    • /
    • v.16 no.5
    • /
    • pp.767-773
    • /
    • 2015
  • This study suggests a reliable auction right analysis system that improves the existing auction right analysis in a sense that the system is more applicable to a real economic world. The existing study has used an auction successful bidding price rate and an auction successful contract price for its estimation of the auction right analysis. But in this paper the degree of market vitality which is provided from the commercial zone analysis is used as an input variable so the expected auction price can be estimated and the auction right analysis is conducted in that manner.

EXPLORING THE CHALLENGES TO USAGE OF BUILDING CONSTURCTION COST INDICES GHANA

  • Osei-Tutu, E;Adobor, C.D;Kissi, E.;Osei-Tutu, S.;Adjei-Kumi, T.
    • International conference on construction engineering and project management
    • /
    • 2017.10a
    • /
    • pp.313-320
    • /
    • 2017
  • Price fluctuation contract is imperative and of paramount essence in the construction industry as it provides adequate relief and cushioning for changes in the prices of input resources during construction. As a result, several methods have been devised to better help in arriving at fair recompense in the event of price chang es. However, stakeholders often appear not to be satisfied with the existing methods of fluctuation evaluation, ostensibly because of the challenges associated with them. The aim of this study was to identify the challenges to usage of building construction cost indices in Ghana. Data was gathered from contractors and quantity surveying firms. The study utilized survey questionnaire approach to elicit responses from the contractors and the consultants. Data gathered was analyzed scientifically, using the Relative Importance Index (RII) to rank the problems associated with the existing methods. The findings revealed the following among others; late release of data; inadequate recovery of costs; and work items of interest not included in the published indices as the main challenges of the existing methods. This study will provide useful lessons for policy makers and practitioners in decision making towards the usage and improvement of available indices.

  • PDF

Comparison of Students' Satisfaction with a Meal of College Foodservice by Operating System (대학급식소의 운영형태에 따른 음식만족도 비교분석)

  • Ly Sun Yung;Kim Su-Hyun;Kwon Sunja
    • Korean Journal of Community Nutrition
    • /
    • v.10 no.3
    • /
    • pp.319-330
    • /
    • 2005
  • College foodservice (FS) demands highly-developed operation technique which can provide adequate nutrients to their students, as well as to guide better eating habits and to meet students' various desires. The purpose of this study was to provide basic data to improve college FS satisfaction with food items by comparing 2 contract-managed and 2 self-operated college FS in Daejeon and Chungnam area. According to the results, $\59.1%$ of students frequently (over 3 times per week) took meals at college cafeteria and the main reason for using college cafeteria was the low-price of meal, although the students' Satisfaction degree with price of meal was lower in contract-managed FS than in self-operated FS. There were no differences in the food satisfaction degrees with overall appraisal of food items between 2 operating systems of college FS, but the satisfaction degrees with all food items were high in male as compared with female. The higher the negative self-perceived clinical symptoms scores, the lower the satisfaction with foods, which suggests that the health state of students was one of the factors that influenced college FS satisfaction. According to stepwise multiple regression analysis,'taste of boiled rice', 'overall appraisal of boiled rice', 'overall appraisal of soup', and 'variety of side dish', in decreasing order, were the most relatively important attributes for overall customer satis-faction with food taste of college FS. Finally, there should be further studies on important management factors to improve college FS satisfaction according to 2 operating system.

The Problem Analysis and Improvement Plans to the Bidding System of Construction Works (건설공사 입 ${\cdot}$ 낙찰제도의 문제점 및 개선방안;대한주택공사의 발주공사를 중심으로)

  • Jeong, Jin-Pal;Park, Moon-Sun;Kim, Yong-Su
    • Proceedings of the Korean Institute Of Construction Engineering and Management
    • /
    • 2007.11a
    • /
    • pp.704-709
    • /
    • 2007
  • The purpose of this study is to present both problems and improvement plans on the bidding system of the Korea National Housing Corporation, which orders apartment houses professionally. For data gathering, this study used data from electronic procurement system from 2001 to 2005. The research method of this study is to analyze the data categorized into four types: changes of ordering and contract price ration, the lowest-pricing bidding system, and permanent projects by grades. As a result of the analysis, the amount of ordering is biased in favor of particular level. Finally, this study present following improvement plans: 1) screening system and the lowest-pricing bidding system need to be supplemented, 2) the contract price ratio and the amount of ordering should be controlled, and 3) the improvement of PQ and the introduction of the list of Qualified companies by types need to be presented.

  • PDF