• Journal of Construction Engineering and Project Management
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• v.1 no.1
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• pp.1-10
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• 2011

This paper discusses the components of a guaranteed maximum price (GMP) and proposes a framework for the development of GMPs as contract payment provisions for construction manager-at-risk (CMR) and design-build (DB) contracts for transportation projects. The framework is the synthesis of a comprehensive literature review, a content analysis of CMR and DB solicitation documents and contracts, and case study project output from twelve projects in nine states worth $3.1 billion. The research also discusses the development of three common types of contingencies that are often utilized in projects with GMPs. The study concludes that owners should specify the structure of the GMP and its components to enhance clarity and understanding of the GMP's composition. It recommends that this structure be included in the CMR and DB solicitation documents so that pricing proposals can be formulated in a manner that is consistent with the contract payment provisions that will be useful to practitioners that need to implement GMP-based contracts.

• Korean Journal of Air-Conditioning and Refrigeration Engineering
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• v.29 no.12
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• pp.663-672
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• 2017

Building information modeling (BIM) technology based on 3D modeling has been applied to the entire domestic construction industry since 2010. It can calculate quantity take-off considering construction productivity at design phase. Based on this, it is possible to improve the reliability of construction cost prediction of design phase in the process of cost estimation. However, Building Information Level (BIL) defined by Ministry of Land, Infrastructure and Transport and Public Procurement Service does not seem to offer doable environment due to the lack of detailed application items. By calculating construction cost that meets Construction Cost Estimate Accuracy by American Association of Cost Engineers (AACE) through quantity take-off and cost estimation based on 3D modeling of BIM technology, a BIL improvement proposal at design phase for Mechanical Contracts and Construction is provided here. Results showed that properties including outline and minimum specification of the main equipment, internal main piping, and internal main duct should be defined from the intermediate design phase to have reliable cost estimation.

• The Journal of Fisheries Business Administration
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• v.43 no.1
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• pp.63-74
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• 2012

The Korean Conflict of Laws Act recently incorporated much of the European Union's recent revision in "EC Convention on the Law Applicable to Contractual Obligations (Rome 1980)"(hereinafter Rome Convention). With the revision of Rome Convention applied to contractual obligations,"Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)"(hereinafter Rome I) has taken effect on December 2009. Before the effectivation of Rome I, "Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II)"(hereinafter Rome II) has come into effect on January 2009. This means the revision of certain rules and its practical implications need an in-depth study on governing law rules under Rome I which provides newly effected governing laws applicable to contractual obligations. Moreover, uniform choice of law rules on non-contractual obligations needs to focus especially on marine insurance contract. Where policy assignment and subrogation causes, how to decide the governing law which will be applied to the insurer as a third party? This article attempts to analyze emerging legal issues in legal regimes determining choice of law, especially those in international marine insurance contracts. This will help Korean practitioners to be dialed in legal affairs under English Law as the governing law in their contracts.

• Journal of Arbitration Studies
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• v.12 no.2
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• pp.115-151
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• 2003

As international trade and commerce increases among the nations in the world, it is inevitable fact that disputes rise as well. As these transactions grow more complex, it becomes increasingly important to resolve disputes and conflicts as quickly, efficiently and formatively as possible. In practical commercial affairs, we call a variety of international commercial troubles ‘trade claims’, Trade claims consist of disputes, controversies, or differences which may arise between the parties, out of, or in relation to, or in connection with their contracts, or for the breach thereof. Trade claim should be instituted promptly, otherwise it may be barred by prescription. Also, the other party will not accept the claim by reason of loss of evidence. In this connection, it should be noted that how long the claim prescription would continue. Trade claim should be settled reasonably and amicably between the parties concerned. And if both parties do not reach an agreement through their negotiation, then the claim shall be settled finally by binding arbitration. For the purpose of managing trade claim and arbitration, the trading parties insert in their contracts claim and arbitration clauses. This paper will examine some judicial precedents concerning claim clauses which are closely connected with a time limit of the claim It will also review some famous precedents rendered by the competent courts in connection with the wording, scope and implied renewal of arbitration clauses.

• The Transactions of the Korean Institute of Electrical Engineers A
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• v.54 no.1
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• pp.38-42
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• 2005

Restructuring of the electric power industry has brought the issue of market competitiveness to surface. Recent years have witnessed the appearance of a particular seller or group of sellers exercising market power in electricity supply. In fact, much scholarly work has been done on how to identify and mitigate such abuse by market management rules. In this paper we assess the possible market power on the basis of pivotal supplier test and propose the method to determine the reasonable quantity of long-term contracts which can play a crucial role in mitigating the market power for a pivotal player. Furthermore the market efficiency is guaranteed by making long term contracts with a pivotal player up to the quantity to ensure that the pivotal player has no incentive to abuse the pivotal quantity in the electricity market.

• Journal of Energy Engineering
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• v.23 no.2
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• pp.199-206
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• 2014

ESCO industry should guarantee the energy saving performance in response to changes of regulations ESCO. In this point, the application of the M&V is important task on energy saving performance. Therefore, we need to examine the contents of practice for the M&V in developed countries. Between energy user and ESCO, it is important to provide and measure the energy saving performance by guarantee of energy savings performance contracts. After 2013 ESCO business began focusing on guaranteed savings contracts. For this reason, we need to take M&V cases recommended from IPMVP and applied in United States and Japan. Therefore, we should be ready about M&V application for the real conditions of ESCO.

• International Area Studies Review
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• v.13 no.2
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• pp.325-344
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• 2009

Korean overseas construction contracts reached 40 billion dollars in 2008. In this paper, the economic factors of "the record high growth since 1980's 'overseas construction boom' is investigated. Firstly, most of the contracts were made in the Middle East OPEC countries which made large scale construction investments with the increasing oil revenues... Secondly. large portion of the contracts is heavy industrial plants, in which Korean construction firms have enjoyed comparative advantages. Thirdly, Korean construction firms have been forced to pay attention to the overseas markets, due to the domestic slump of the construction industry.

• Journal of Software Assessment and Valuation
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• v.17 no.1
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• pp.1-9
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• 2021

In disputes involving contracts for work, most issues boil down a single, most crucial, underlying question: whether the agreed work was completed. The same applies to software development services, which are usually usually provided under contracts for work. In disputes arising from software development contracts, appraisal is commonly used to determine the completeness of the software in question. However, it is often difficult to ensure the objectivity of the appraisal. This study examines past cases involving the determination of software completeness to identify the method used in each case. Then, based on the findings, this study identifies issues requiring improvements to ensure objective determination of completeness.

• Korea Trade Review
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• v.47 no.1
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• pp.131-144
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• 2022

This study primarily concerns the Model Contract for International Sale of Manufactured Goods recently published by International Chamber of Commerce in 2020. To this end, this study examines the importance of the ICC model contract and its main characteristics, and considers in what form the contract is composed of and the scope of its application by classifying it according to the object of the contract, the subject and type of the transaction. In addition, this study divides the main contents of the ICC model contract into special conditions and general conditions, and attempts to scrutinize details of each condition in connection with the United Nations Convention on Contracts for International Sale of Goods(1980) as a governing law taken by the ICC model contract. Furthermore, this study puts forward, on the basis of the detailed examination of main conditions of ICC Model Contract, practical implications on what the parties to the contract should be aware of when using the ICC model contract.

• KSII Transactions on Internet and Information Systems (TIIS)
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• v.17 no.11
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• pp.3003-3029
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• 2023

The rapid evolution of the IoT has paved the way for new opportunities in smart city domains, including e-health, smart homes, and precision agriculture. However, this proliferation of services demands effective SLAs between customers and service providers, especially for critical services. Difficulties arise in maintaining the integrity of such agreements, especially in vulnerable wireless environments. This study proposes a novel SLA management model that uses an SDN-Enabled WSN consisting of wireless nodes to interact with smart contracts in a straightforward manner. The proposed model ensures the persistence of network metrics and SLA provisions through smart contracts, eliminating the need for intermediaries to audit payment and compensation procedures. The reliability and verifiability of the data prevents doubts from the contracting parties. To meet the high-performance requirements of the blockchain in the proposed model, low-cost algorithms have been developed for implementing blockchain technology in wireless sensor networks with low-energy and low-capacity nodes. Furthermore, a cryptographic signature control code is generated by wireless nodes using the in-memory private key and the dynamic random key from the smart contract at runtime to prevent tampering with data transmitted over the network. This control code enables the verification of end-to-end data signatures. The efficient generation of dynamic keys at runtime is ensured by the flexible and high-performance infrastructure of the SDN architecture.