• 대한토목학회논문집
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• 제36권6호
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• pp.1153-1160
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• 2016

해외건설공사와 관련된 리스크에 대해서는 많은 연구들이 있었으나, 계약조건의 내용을 토대로 한 리스크 인자도출이나 분석은 없었다. 건설공사에서의 권리와 의무가 계약내용에 따라 발생한다는 가장 기본적인 사실을 고려할 때 계약적 권리와 의무를 규정하고 있는 계약조건의 내용에 따른 리스크의 인식과 대응은 해외건설공사의 성공적인 수행에 필수적인 요소이며 따라서 계약조건을 기반으로 한 리스크 인자도출은 중요하고도 핵심적인 가치를 가질 수 있는 것으로 판단되었다. 본 연구를 통해 계약시 유념하여야 할 핵심 계약적 리스크 인자들을 발굴함으로써 해외건설공사 입찰이나 계약시 많은 실무적인 도움을 줄 수 있을 것으로 기대한다.

• 한국건축시공학회:학술대회논문집
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• 한국건축시공학회 2006년도 춘계학술논문 발표대회 제6권1호
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• pp.119-124
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• 2006

Design-Build, one contractor is responsible for both the design and construction, has become more popular since the government framed the policy on how to activate the design-build projects in 1996. The reality is, however, there are many problems encounted on Contractor Selection Method for Public Design-Build Projects. The purpose of this paper is to improve the problems, no way to meet the goal(value) the owners expect from the design-build projects, for instance, not fully reflecting the characteristics of projects and owners intention, not systematical enough to judge if bidders could carry out the contract. This study will insist we introduce Best Value Procurement, which is being commonly used in some advanced countries recently, so that we would properly select the contractor suitable for Best Value concept which totally depends on the owners, types of work and specified conditions. Furthermore, by passing through the Two-Step Procedures following Pre-qualification in Best Value Procurement, we expect it lighten the bidders' burden for proposal and the owners' complicate bid administration.

• 한국실내디자인학회논문집
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• 제21권2호
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• pp.215-222
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• 2012

Design-build is expanding gradually in large construction projects over 10billion won, and continue to work in health care facilities is increasing in this way. This constructional method in health care facilities, despite the many advantages, many problems caused by design changes are being raised. Raises the question of design changes on the side of construction contract, such as approval systems have been studied in the field of construction. The purpose of this study design in aspects of architectural planning on changing the grasp of the issues outlined in the ITB and bid evaluation criteria through consideration of the basic plan for improvement guidelines and evaluation criteria is presented. In conclusion, Design build, according to the presence of existing users are more likely to lead to design changes. Thus, hospital architecture, depending on how it is considered that constructional methods. And evaluation items of ITB(Invitation To Bidder) for a large part of the change in the variables evaluated in the hospital building is not suitable for the design build. Instead, the overall shape of the building and department, unit type and size, vertical and horizontal parts of the circulation system in the shape of the building that does not change in structure and etc should be considered for evaluation.

• 무역상무연구
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• 제64권
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• pp.155-185
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• 2014

Liability for the manufacture or supply of defective products can arise in two principle ways, in tort and in contract. English law has long regarded shipbuilding contract as agreement for the sale and purchase of goods. The consequence of which is that unless the Buyer and Builder agree otherwise, terms will automatically be implied into the contract between them as to the quality and performance of the completed vessel. The same principle applies to sub-contracts allied to the shipbuilding contract. On the other hand, one case decisions established that ".... a contract to build a ship, though a contract of sale of goods, has also some characteristics of a building contract", Recently the liability of a manufacturer in tort for physical damage i.e. personal injury and damage to property other than alleged to be defective is now well settled in most countries. Accordingly the Builder may face third party claims in tort more regularly than they have in the past, if the statutory implied terms have not been expressly excluded in contract. In such circumstances, it is necessary for the Builder to be prepared with counter measures to secure the stability of the vessel from its design development, building process, delivery and operation etc. The purpose of this paper is, from the case of "MSC Carla", to review product liability, jurisdiction and the initial date of extinctive prescription, then to suggest counter measures to the Builder.

• 무역상무연구
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• 제25권
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• pp.3-40
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• 2005

Many Korean construction companies have been performing a variety of overseas construction projects since the 1970s. It is unfortunate that in many cases they have had to suffer big losses caused by errors and defects in the design and construction of the projects. In the author's opinion, however, there were losses that could have been avoided if they had understood better the feature and content of the particular construction contract. Few lawyers and scholars in Korea have been interested in the research and study of international construction contracts. This is mainly because they do not have access to practical sources outside of Korea for them to research and study since the contracts undertaken have been dealt with by law firms in other jurisdictions to which the disputes apply. This article is aiming primarily at the introduction of the issues which the practitioners are likely to confront in the process of reviewing and performing the international construction contract. In some cases solutions are sought about these issues based upon the FIDIC standard terms and conditions, the actual experience of practice, and UNIDROIT Principles, etc. It is reasonable to say that all the issues related to the international construction contract cannot be covered in a short article like this. The author wishes this article could induce subsequent studies on international construction contracts for further research. It has to be noted that from time to time Korean construction practices have been compared to the international ones for better understanding. This article mostly includes cases where the Korean construction companies go overseas for their projects, while there are some cases where foreign developers and financial investors participated in domestic projects in which international construction contracts forms were adopted. A few precedent domestic writings about international construction contracts seems to lack emphasis on the points that there are several standard construction contract forms and that they are different. The differences are mainly in accordance with who bears the design responsibility, how the owner has to make progress payments to the contractor and who the funding source for the project is. This article tries to make it clear that there are significant differences between the standard contract forms, e.g. a simple construction form, a design-build form and an EPC/turnkey form of contract. Again, the author hopes that this article can arouse the interest in the international construction contracts from both academic and practical fields, so that many subsequent advanced articles can help our construction industry become much more competitive in the world through awareness of the methods of procurement and administration of the contracts.

• 국제학술발표논문집
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• The 7th International Conference on Construction Engineering and Project Management Summit Forum on Sustainable Construction and Management
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• pp.153-158
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• 2017

Procurement system of public construction projects in Japan is changing with diversity in rapid pace. The quality assurance and risk management of construction projects should be more certain as the projects are turning into larger scale and more complexed. The clients in the public sector will want to make the relation of responsibility among the client, the designer (architects and engineers), and contractor clearer in terms of role and risk. Public-Private Partnership (PPP) is one of the methods for collaboration of the public sector and the private sector in public construction projects where the public utilizes the ability and suggestion of the private. Private Finance Initiative (PFI), Design-Build-Operate (DBO), market testing, designated manager system, outsourcing of tasks in local governments are well-known as examples of PPP in Japan. Indeed, there is an obvious trend that Design-Build (DB) is adopted in public construction projects in many countries including Japan. In this paper, the public construction projects in various procurement systems are surveyed and analyzed. They are not limited within the traditional procurement, Design-bid-Build, a separate order system of design and construction. Design-Build or PFI are adopted. In particular, contract by wide range including maintenance of equipment can be found. On the other hand, modification from originally typical PFI is taking place, such as concept design and project finance are removed from the roles and the tasks of the special purpose company (SPC) in PFI. Standard roles and tasks in a construction project are modeled in this paper.

• KSII Transactions on Internet and Information Systems (TIIS)
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• 제15권8호
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• pp.2849-2864
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• 2021

The emerging of cloud data sharing can create great values, especially in multi-cloud environments. However, "data island" between different cloud service providers (CSPs) has drawn trust problem in data sharing, causing contradictions with the increasing sharing need of cloud data users. And how to ensure the data value for both data owner and data user before sharing, is another challenge limiting massive data sharing in the multi-cloud environments. To solve the problems above, we propose a Uniform Encoding and Parsing Framework (UEPF) with blockchain to support trustworthy and valuable data sharing. We design namespace-based unique identifier pair to support data description corresponding with data in multi-cloud, and build a blockchain-based data encoding protocol to manage the metadata with identifier pair in the blockchain ledger. To share data in multi-cloud, we build a data parsing protocol with smart contract to query and get the sharing cloud data efficiently. We also build identifier updating protocol to satisfy the dynamicity of data, and data check protocol to ensure the validity of data. Theoretical analysis and experiment results show that UEPF is pretty efficient.

• Journal of Construction Engineering and Project Management
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• 제1권1호
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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.

• 건축역사연구
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• 제15권1호
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• pp.7-27
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• 2006

This study aims to identify and analyze the factors that influenced the construction of London Eye which was led by private groups, including characteristics in progress, differentiated value in design, the combination of technology and design, and construction costs. The results of this study were the followings. 1) London Eye provides a new construction method for a landmark in the downtown in that the architects became the clients of the project which might have been hoarded, procuring the construction costs and completing it by themselves. 2) London Eye presents a space utilization method where undeveloped spaces in the downtown are used in three-dimensions by erecting a structure on the river with a minimum land. 3) The process of design, production and erection is propelled the realization of technical intention design with one system and from at the initial stage, the participation of the engineer where the designer is equal with you must accompany. 4) London Eye is endowed with strong shape by a circle in design concept, which is the simplest geometrical figure, and it provides organic relationship between the past and the present by utilizing historical elements in various ways. 5) The construction was completed through four phases including idea phase, promotion phase, turn-key contract phase, and design-build phase. The most critical factor to the success is derived from the direct contact with Involved companies from the production phase. 6) In a project facing many challenges in terms of technology, the design-build method proves to be a more effective method than turn-key contract in that it may more allocate risks and enable coherent implementation of the core concept in design. The organization for the design-build method was composed of three phases including general affairs, responsible contracting by sector, and cooperative system by sector. Since that was a new concept structure, high-level contractors who hadn't had existing cooperative relationships with one another formed new cooperative relationship, while collaborating companies who had long cooperated led the responsible contracting and sub-cooperative system, which resulted in reduction of risks and time. 7) The major factors to change design were the design characteristics, derived from a technically great combination, and the opening time. 8) A new erection method was applied to London Eye, a structure that overcame the limitation in land and period, and the process of installation demonstrated that it is an important value for the construction of a landmark in the city. 9) In spite of many visitors and tremendous operational income, the factors that London Eye fails to free itself from debts include the construction costs expended double than expected, and interest burden to the investments, which occurred in the course of procuring the costs. Absolute limit in time increased the construction costs, resulting in being a great obstacle in the course of operation.

• 한국건설관리학회논문집
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• 제13권3호
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• pp.122-130
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• 2012

현재 우리나라에서 진행되고 있는 턴키사업은 근원적인 장점을 살리기 보다는 여러 가지 문제점이 지적되고 있다. 설계심의 방법 및 적격자 선정단계의 문제점과 제도 및 계약기준, 입찰안내서(지침서)의 불명확한 내용 등으로 턴키사업수행과정에서 각종 클레임(Claim)이 증가되고 있는 것이 현실이다. 국내 턴키사업이 바람직하게 정착되기 위해서는 입찰 및 계약단계에서 설계심의 방법과 실시설계 낙찰자 선정에 대한 적정한 대안을 마련하여야 하는 것은 물론, 턴키사업과 관련된 계약 및 발주기준, 입찰안내서의 불합리한 부분에 대한 합리적 기준을 마련하여야 한다. 본 연구는 설계변경 등 계약변경이 어려운 턴키발주사업의 클레임 사례를 분석하여 문제점을 도출하고, 이를 토대로 관련 계약 조건 및 입찰안내서의 개선방안을 제시함으로써 턴키사업으로 추진하는 공동주택건설사업의 클레임을 저감하여 효율적 사업수행에 기여하고자 하는 것이다.