• Construction Engineering and Management
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• v.25 no.2
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• pp.49-51
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• 2024

• Construction Engineering and Management
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• v.23 no.5
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• pp.34-41
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• 2022

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.287-291
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• 2002

A construction claim is generally caused by several causes, and in the case of developed countries, the most fundamental problem in most claims is a delay claim. Also, it is predicted that the trouble will increase by this one in a domestic case as well. Even though the construction claims occurred by the delay claim are the most frequent ill construction project, it is very difficult to analyze due to the complexity of occurring forms. Therefore, the rational judgement and the solving method need to be concerned through the accurate understanding the clauses accepted in a international contract execution and a domestic contrail when the claim occurred. The purpose of this study is to present problems and improving methods by comparing FIDIC with a domestic accounting regulation in order to expand a general condition into the international contract condition.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2007.11a
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• pp.273-276
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• 2007

Construction work has character which claim or dispute is frequently raised. This means that each construction project has it's own contract documents due to the difference of environment and time. Therefore to overcome the associated risks, domestic contract rules and acts should be reformed. Several well-recognized contract documents developed by FIDIC, AlA, CMAA and general conditions of the contract is investigated and analyzed. Based on the research outcomes the direction of reformation is suggested.

• Korean Journal of Construction Engineering and Management
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• v.6 no.3 s.25
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• pp.81-89
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• 2005

Delay schedule coming about duration extension is happening essentially because public construction project consist of many sub contractor. The method which can calculate delay day is suggested by many studies in case of happing delay schedule, but It is difficult to apply to real construction project because there is no mention about the control of The law of contract according to delay schedule. The law of Contract which is cost of account has more uncertain problem than FIDIC condition of contract. This study suggests method which can make extension of duration procedure clear in case of happing the reason of design change related with activity duration during carrying on construction, and a submission process of the reason of duration extension and modify schedule making way about section which is basis of calculating contract amount clear.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2004.11a
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• pp.629-633
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• 2004

The number of claims and disputes among project participants has been steadily increasing last a few years and it creates numerous conflicts and problems in the domestic construction industry. One of the root causes of claims and disputes can be explained by the fact that project objectives of participants are offer different and not aligned. This research is considered as a pre-study of developing a strategy to mitigate conflicts such as claims and disputes in the domestic construction industry by utilizing Alternative Dispute Resolution (ADR) techniques. This research focused on improving standard contrast documents to establish a systematic dispute resolution process which emphasize the ADR method. To do so, several well-recognized contract documents developed by FIDIC, AIA, ECC were throughly investigated and analyzed using a benchmarking process. Result of the research propose needs of improving the domestic construction document's some clauses and the details will be further Investigated through surveys and expert's opinions.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.17-22
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• 2001

"대가지급"은 시공자(계약상대자)가 계약의 이행을 통해 얻고자 하는 궁극적인 목적이므로 "대가지급"과 관련된 계약조건은 발주자와 시공자 모두에게 공정하고 합리적인 내용이 되어야 할 것인데 우리나라 건설계약에 적용되고 있는 "공사계약일반조건(회계예규 2200.04-104-9, 2001.2.10)"에 규정된 "대가지급" 관련 조항의 내용은 그러한 합리성이 결여되어 있는 문제점이 있다. 대표적인 문제점으로 발주자가 대가지급을 하지 못하거나 지연시키는 경우 지급지연에 따른 이자에 대한 보상규정만을 두고 있을 뿐인데 이는 국제건설계약에 적용되고 있는 계약조건에 규정된 시공자의 권리와는 너무도 큰 차이가 있다 할 것이다. 그러므로 본 고에서는 세계건설시장에서 공정성과 합리성을 인정받고 있는 FIDIC 계약조건에 규정된 "대가지급" 관련 조항의 내용들을 구체적으로 알아보고 이를 통해 우리나라 건설계약에 적용되고 있는 계약조건의 문제점을 파악함으로써 건설제도의 선진화에 일조 하고자 한다.

• International conference on construction engineering and project management
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• 2015.10a
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• pp.629-630
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• 2015

'Sabine Pass Liquefaction Project (SPL Project)', a case study in this report, is the first construction project of a U.S. liquefaction facility for shale gas export overseas. This study analyzes the SPL Project to give understanding and a guideline to Korean EPC companies by benchmarking about effective risk-sharing strategies on EPC contracts. This study consists of three parts. The first summarizes the liquefaction process adopted on the SPL Project, named the 'ConocoPhillips Optimized Cascade Process', and compares it with other competitive liquefaction processes. The second introduces the unique features of the SPL EPC contract by comparing it with two other EPC forms of contracts: a FIDIC Silver Book for onshore plant projects and a contract of an offshore oil production (FPSO) project. The third focuses on the complexity of project financing (PF), especially lenders control and impact on the EPC contract such as covenant provisions to constrain variations and changes on the EPC Contract. From these conclusions, it is anticipated that this case study can provide a guideline for successful performance of Korean EPC contractors overseas.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.25
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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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.57
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• pp.79-108
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• 2013

International transactions of plant and construction project need to time to time for completing the contract. During the performing the contract there may arise many claims and disputes it should be settled rapidly for processing schedule of works. However, arbitration and litigation for settlement of dispute are inappropriate in time and expense under the specifications of plant and construction project. Dispute boards are one of the successful resolution method of dispute prior to litigation or arbitration. If the dispute board was failed, of course, it may be allowed to continue into litigation or arbitration. As the creative methods of parties agreement, dispute boards may be expected to avoid claims and dispute in long and medium international contract. The purpose of this paper is to explore the specification and limitations of dispute boards that may clear disputes under long and medium contract of construction and procurement. It needs to be understand to determine whether is the useful methods for resolving dispute in the international project. This paper considers the specific natures of dispute board and its rules, procedures and problems including ICC and FIDIC for the contract of long and medium transaction.