• Korean Journal of Construction Engineering and Management
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• v.9 no.5
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• pp.214-226
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• 2008

Construction delay caused considerable losses to project parties. Avoiding construction delays is important to save costs for project stakeholders. The main objective of this paper is to identify major causes of construction delays of apartment construction projects in Vietnam. Sixteen causes of delay were identified through a questionnaire survey of 166 professionals. Factor analysis was employed to categorize these causes. The results of the survey revealed the main causes of delay of apartment projects in Vietnam are: (1) owner's and contractor'S financial difficulties; (2) lack of experienced contractors; (3) late delivery of materials; (4) late construction site handover; (5) owner's late payments for completed works; (6) low bid prices; (7) inappropriate construction method; and (8) defective works and unnecessary reworks. Factor analysis uncovered that causes of delay can be grouped under five categories labeled the five INs: incompetence, ineffectiveness, inadequateness, inapplicableness and inconceivableness. Comparative analysis between the Vietnam construction industry (VCI) and the Korea construction industry (KCI) has been performed to infer valuable lessons for researchers and practitioners in the VCI and the KCI. Comparative analysis indicated that main causes of delay in the VCI somewhat differ from main causes of delay in the KCI. However, "contractor'S financial difficulties", "late construction site handover", "unnecessary rework", "incapable designers", "site clearance difficulties" are common causes of delay in the VCI as well as the KCI. The findings of this research can be used as a guideline to overcome problems in the VCI as well as in other construction industries. Since Korea has emerged as the first largest foreign investor in Vietnam, the results of this study may be useful not only to practitioners and researchers in Vietnam but also to participants in Korea.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2007.11a
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• pp.446-449
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• 2007

For the restoration of construction industry, the government have offered the policy since the end of 1990. It has offered to develop the world-class technology and establish the effective production structure. In the government policy, the delivery and contracting method has improved so that construction industry could be recognized. Foreign countries have conducted the R&D and application of Innovative Contracting for improvement of facilities, reduction of LCC and innovation of contractor. Among the Innovative Contracting, 'Performance Warranty Contracting' is defined that A guarantee of the integrity of a product and of the makers responsibility for the replacement or repair of deficiencies. Performance Warranty Contracting is used for technology developments of contractor, improvement of quality, reduction of LCC, prevention of early deficiencies and reduction of owner's inspection works. This paper analyzes concept and effects of Performance Warranty Contracting and presents considerations according to the introduction.

• The Journal of Asian Finance, Economics and Business
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• v.7 no.9
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• pp.389-400
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• 2020

A construction project is a designed product made up of labors, materials, and installations in the project positioned on the ground and may include the underground and ground section, and the section in water or on the water surface. It is a civil, industrial, transport, agricultural and rural development, infrastructure, or some other. A key phase in the life cycle of these construction projects is the implementation when building products are made directly with workers, equipment, materials, and managers. If there is a lack of management experience, information, and problem-solving solutions to tackle the risks faced by contractors, especially foreign ones, will fail in controlling the project's cost. This study was conducted with investigations, discussions, and evaluation of the factors that lead to cost overruns in the construction projects of international contractors in Vietnam. The principal component analysis (PCA) showed that those factors that influence cost overruns these construction projects fall into five general groups, including factors related to (i) the owners, (ii) the foreign contractors, (iii) the subcontractors and suppliers, (iv) state management, and (v) the project itself. Besides, the study proposes solutions to limit cost overruns in construction projects and improve the profitability of international contractors in Vietnam.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.139-175
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• 2017

The Assembly plenary session on December 3, 2017 passed a Product Liability Amendment bill that introduced clauses concerning consumer burden of proof and punitive damage reimbursement. More specifically, these newly approved provisions will reduce the burden of proof placed on consumers and levy triple punitive damage on suppliers. Significant increases in the number of product-liability lawsuit and the number of related insurance contracts are expected. Since military aircraft are designed for operational purpose(seeking greater combat effectiveness over greater safety) and used in high-risk environment, it is practically impossible to obtain an affordable product-liability insurance, Without having any backup plan, military aircraft manufacturers directly face all sort of liability risks under Product Liability Act, Warrant Liability Act and Non-Performance of Contract Act. The U.S. experienced similar problems when they first implemented their product-liability law in 1970s. There had been a big dispute among legal practitioner, insurance professionals and scholars concerning military aircraft manufacturer's liability. In order to settle the issue, the U.S. Supreme Court has established a new precedent of Government Contractor Defense(GCD). The U.S. government also included an indemnity clause for military aircraft manufacturers in their FMS Contract with the Korean government. Likewise, Korean military aircraft manufacturers should 1) clearly understand their current position that they cannot afford expensive product-liability insurance and the cost is not accounted in the military procurement calculation, 2) estimate potential liability risks with the ongoing overseas export expansion in mind, 3) set up appropriate risk management measures through regulatory reform and policy development.

• Journal of the Korea institute for structural maintenance and inspection
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• v.21 no.3
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• pp.9-18
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• 2017

Construction Management at Risk (CMAR) is a project delivery method that enables CM companies to deliver projects at a Guaranteed Maximum Price (GMP). General contractors can apply CMAR from the initial design phase right through the construction phase to reduce risks and improve project performance. One of the major advantages CMAR offers is that it permits a general contractor to provide a comprehensive suite of preconstruction services, including estimating, a constructability review, value engineering, drawings and a specification review, green building, and Building Information Modeling(BIM), among others. However, general contractors in South Korea currently provide only limited preconstruction services using CMAR because few CMAR projects have yet been implemented in Korea and their experience using the method is therefore limited. This benchmark study of how foreign general contractors utilize CMAR in their projects, particularly during the preconstruction process, its purpose, and the roles and responsibilities of each of the different participants in successful implementations thus provides invaluable information and will serve as a useful guide for Korean contractors seeking to incorporate CMAR preconstruction services in their projects and thus improve the competitiveness of their construction businesses.

• Korean Journal of Construction Engineering and Management
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• v.22 no.4
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• pp.20-28
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• 2021

The Domestic Construction Industry is in the process of changing from a one-sided production method centered on the contractor to a production method in which the order and the contractor can collaborate. Depending on the delivery method, the bid/success method, the contract method, and the degree of business involvement of the order may also vary. In this thesis, in order to introduce 'Construction Management at Risk' suitable for the domestic environment, domestic and foreign institutional analysis, bid process analysis, contract fulfillment and management analysis, post management analysis, and related laws and regulations for legalization In order to suggest a plan for the efficient operation of the system, a system and case analysis of domestic and international construction responsibility type construction project management was conducted. 'Construction Responsible Construction Project Management' defined in the Framework Act on the Construction Industry is divided into the main contract transfer contract, which is a service contract performing pre-con work, and the main contract, which is construction project management and construction contract. Therefore 'Construction Management at Risk' should be regarded as one of the ordering methods rather than a successful bid system, as in the case of overseas, and legalization as a bidding system equivalent to design/construction batch bid and technology proposal is necessary for introduction. In order to introduce 'Construction Management at Risk' suitable for the domestic environment, domestic and foreign institutional analysis, bidding process analysis, contract fulfillment and management analysis, and follow-up management analysis are conducted. A method for efficient operation was suggested so that it can be applied in the domestic market while maintaining the original merits of this system.

• Journal of the Society of Disaster Information
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• v.19 no.1
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• pp.1-9
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• 2023

In order to carry out construction work, it is urgent to introduce a proper wage system so that the cost burden of projects that have been won due to bleeding competition among original government buildings based on low-priced bids can be transferred to subcontractors. Purpose: Construction with illegal multi-level industrial structure needs to improve the wage reduction environment leading to order (100%) → original contractor (80%) → subcontractor (65%) → load contractor (65%) and aims to ensure wages for end workers. Method: Investigate the current status of labor cost appropriate payment plan in the construction industry, and investigate the case of the appropriate wage system (P.W) in the United States. In addition, the effect and direction of the appropriate wage system are presented. Result: Individual minimum wage security was also mentioned in the Constitution, and many researchers suggested that only the introduction of an appropriate wage system could solve the problem of reducing worker labor and ensure quality and safety. Conclusion: The proper wage system in the construction industry will block illegal multi-level and illegal foreign work, improve the labor environment in the construction market, create an influx of young workers, and have a significant impact on the construction industry's competitive structure, safety, and quality.

• Korean Journal of Construction Engineering and Management
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• v.8 no.5
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• pp.109-118
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• 2007

It is related to launch the CM market and to increase the profit and entire ability in company that is enforcing the ability of construction management in large-scaled construction company. According to the CM market in U.S, CM market is increased with competing to the companies, that is E&C, general contractor, design firm, specialized CM firm. Also domestic market is similar to US market. In this situation, large-scaled construction companies are filled with construction management ability for competing with foreign companies and domestic CM firms. This paper suggests how to enforce the construction management ability through education, and shows the detailed education strategy considered the fields, divisions and positions.

• Korean Journal of Construction Engineering and Management
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• v.15 no.2
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• pp.95-103
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• 2014

From $1960^{th}$ Korean construction industry has been rapidly grown due to Meddle-East construction market growth. To earn foreign currency and to raise overall Korean industry government has encouraged construction frontiers. As construction industry could grow up for its labour based originity but the time passes by and overseas construction market requests engineering know-how and technology for productivity to earn more profit. Over last 20 years overseas construction market share has been dramatically raised but its profit share is gradually declining. This study analyzed data sets of over 180 overseas construction projects for last 30 years of domestic contractor by using multiple-regression analysis and derived an output how input variables of characters explaining the construction project effects its profit.

• 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.