• Title/Summary/Keyword: Unfair Aspect of Specific Provisions

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Analysis of unfair provisions in Construction contract (건설공사 계약서상 불공정특약의 문제점 분석에 관한 연구)

  • Park Keun-Hyung;Kim Jeong-Jae;Choi Jea-Won;Kim Yong-Su
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2004.11a
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    • pp.340-343
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    • 2004
  • The purposes of this study is to survey unfair aspect of specific provisions in the construction contract. The research method of this stud)'includes judicial precedents and a questionnaier survey. The result of thus study are as follows: 1) unfair payment condition gives increase to faulty construction. 2) shift of the responsibility gives increase to delay, 3) adjusted contract sum gives increase inappropriate compensation to contractor.

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A Study on the Unfair Aspect of Specific Provisions in the Construction Contract : Counterplan and Institutional Reformation (건설공사 계약서상 불공정특약에 대한 대처방안 및 제도개선에 관한 연구)

  • Choi Jea-Won;Park Keun-Hyung;Kim Yong-Su
    • Korean Journal of Construction Engineering and Management
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    • v.5 no.6 s.22
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    • pp.146-153
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    • 2004
  • The purposes of this study are to survey unfair aspects of specific provisions in the construction contract, and to suggest counterplans and institutional reformations. The research method of this study includes judicial precedent analysis and a questionnaire survey, The results of this study are as follows: 1) the main problems of unfair specific provisions are payment condition, shifting of the responsibility and adjustment in the contract sum. 2) counterplans ate suggested according to the construction phase : bid, construction and completion phase. 3) institutional reformations include firming up regulations, supervision, invigoration of claim, development of variation guideline, and so on.