• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.18
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• pp.189-218
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• 2002

The EPC/Turnkey Contract goes to the extreme in allocating risks to the contractor and depending on the types of project, this may be regarded as unacceptable. It has also gone to the extreme in the extent to which the contractor is responsible for the specification and design of the Works. The employer is not responsible for correctness of any information provided by him nor for correctness of any specification or other matter included in the Employer's Requirements, except the definition of the intended purpose and criteria for testing and performance. With such conditions it is surprising that the employer is entitled to interfere in the contractors performance to an extent that is close to what is norm for a construction contract with employer design and with normal risk allocation. The combination of risk allocation and inappropriate administrative provisions makes the EPC/Turnkey Contract a document that will meet severe resistance from contractors. It is also likely that employers will see the risks and difficulties from their own perspective. It is a fiction that the EPC/Turnkey Contract will give the employer a contact with a certainty of final price and completion date. It is not a fiction that the EPC/Turnkey Contract carries many seeds for disputes between the parties. The Orange Book has become an accepted document even if it clearly contains some weaknesses. Some of these have been corrected in the Plant Contract. In my opinion FIDIC should let users become more familiar with the Plant Contract as a follow up to the Orange Book.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.46-53
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• 2002

Although Public Construction Works in Korea have been executed according to Government Contract Act, and nature of contract is very complicated. So it is difficult to define liability for the defects. Therefore the studies on the defective performance and contractor's defects liability were remained one of the non-cultivated virgin land. As a result, contract privy waive the right to claim or generally resolve the problems. Therefore domestic and overseas liability for the defects was investigated and liability for the defects, under and after construction, on the defective performance and defects, was analysed. With a literature research, contractor's defect liability was systematically analyzed, problems were defined and resolution of the problem were suggested item by item in this study.

• Journal of the Korea Institute of Building Construction
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• v.3 no.2
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• pp.95-102
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• 2003

Financial difficulties and claims frequently stop construction works and cause subsequent contract cancellations. However, as the criteria to assess costs have not been established, many cases of legal disputes over the assessment of cancellation costs are taking place and the concerned parties are suffering the loss of time and money. Therefore, the present research aimed at developing a rational and systematic model of cancellation cost assessment following the cancellation of contracts. The research was carried out in the following methods and scopes. 1 ) The research was focused on the assessment of fair cancellation costs from constructors' side for contracts cancelled by any causes for which the owners have liability. 2) To obtain basic materials about cancellation cost assessment methods, contracts, claims, contract cancellations and construction-related laws at home and abroad were examined. 3) A cost assessment model was developed for systematization and efficient operation of cancellation cost assessment, and the reliability and efficiency of the proposed model was verified through a case study. The conclusions drawn from the research are as follows. The importance of the cancellation cost assessment model was confirmed as, using the cancellation cost assessment model, direct cancellation cost and indirect cancellation cost could be assessed systematically, the number of disputable items could be reduced because reasonable evidences of actual spending were presented, and the loss of constructors could be minimized because systematic and rational cost assessment became possible for many disputable cases of indirect cancellation cost, which the constructors had been unable to prove so far though having spent.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.275-305
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• 2009

Marine insurance contracts, which intended to provide indemnity against marine risks upon the payment of price, known as a premium, originated in Northern Italy in the late 12th and early 13th centuries. The law and practice were later introduced into England through the Continent. It is, therefore, quite exact that English and European marine insurance law have common roots. Nevertheless, significant divergences between English and European insurance systems occurred since the late 17th century, mainly due to different approaches adopted by English courts. The rule of warranty in English marine insurance was developed and clarified in the second part of the 18th century by Lord Mansfield, who laid the foundations of the modern English law of marine insurance, and developed different approaches, especially in the field of warranty in marine insurance law. Since the age of Lord Mansfield, English marine insurance law has a unique rule on warranty. This article is, therefore, designed to analyse the overall rule of the rule of warranty in English marine insurance law. The result of analysis are as following. First, warranties are incorporated to serve a very significant function in the law of insurance, that is, confining or determining the scope of the cover agreed by the insurer. From the insurer's point of view, such the function of warranties is crucial, because his liability, agreed on the contract of insurance, largely depend on in, and the warranties, incorporated in the contract play an essential role in assessing the risk. If the warranty is breached, the risk initially agreed is altered and that serves the reason why the insurer is allowed to discharge automatically further liability from the date of breach. Secondly, the term 'warranty' is used to describe a term of the contract in general and insurance contract law, but the breach of which affords different remedies between general contract law and insurance contract law. Thirdly, a express warranty may be in any form of words from which the intention to warrant is to be inferred. An express warranty must be included in, or written upon, the policy, or must be contained in some document incorporated by reference into the policy. It does not matter how this is done. Fourthly, a warranty is a condition precedent to the insurer's liability on the contract, and, therefore, once broken, the insurer automatically ceases to be liable. If the breach pre-dates the attachment of risk, the insurer will never put on risk, whereas if the breach occurs after inception of risk, the insurer remains liable for any losses within the scope of the policy, but has no liability for any subsequent losses. Finally, the requirements on the warranty must be determined in according to the rule of strict construction. As results, it is irrelevant: the reason that a certain warranty is introduced into the contract, whether the warranty is material to the insurer's decision to accept the contract, whether or not the warranty is irrelevant to the risk or a loss, the extent of compliance, that is, whether the requirements on the warranty is complied exactly or substantially, the unreasonableness or hardship of the rule of strict construction, and whether a breach of warranty has been remedied, and the warranty complied with, before loss.

• Proceedings of the Korean Geotechical Society Conference
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• 2000.03c
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• pp.78-87
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• 2000

Enormous instruments have been installed to measure movement and stresses during and after the construction of Seoul Subway. However, a number of problems have been noticed and reported, such as planning, calibration, installation, contract procedure etc. Some of them are presented and discussed in this paper in order to call an attention to these problems and provide a baseline for the future improvement.

• Journal of the Korea Institute of Building Construction
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• v.15 no.4
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• pp.405-412
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• 2015

The procurement of public construction, which has been selected mainly on the basis of the work experience of a department of public agencies that award construction contracts or those in charge of ordering, has not been executed through an objective selection process considering the construction types or characteristics. Thus, as a preliminary study on developing a model for the selection of contract methods, this study intends to analyze and present the key factors affecting the selection of procurement methods in public construction. Through a literature review on the existing methods, foundational factors were first presented, based on the analysis of these factors, the final influence factors were proposed. As a result, 6 factors contractor's characteristics, the environment of the construction market, relevant organization, the characteristics of a project, costs, and responsibility factors were determined, and 14 sub-factors were selected. The factors presented in this study will be used as base data for developing a decision making support model for the selection of contract methods in public construction.

• International Commerce and Information Review
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• v.8 no.3
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• pp.193-206
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• 2006

The United States demands that the Korean Government include in the WTO GPA the privately invested projects of the BOT contract. Controversy surrounding BOT contract will continue. As of result of opening up of private investment market including BOT contracts, inflow of foreign capital will be expanded, and it will provide an opportunity for rectifying any unreasonable policies or regulations. With active penetration of foreign companies, there is a possibility for deepening of competition in the private investment market, and if a foreign administrative company is selected, possibility of assigning high value works such as design to foreign companies leaving labor intensive work such as construction to domestic companies exists, and also, difficulties resulting from agreement between the employer and the foreign administrative company exists. Large-scale construction companies must put forth their efficiency and creativity, and through revolutionary constructions by private sectors, reduction in construction cost should be made possible, and must also increase efficiency in maintenance, repair, and management of the facility. On the other hand, in order for Korean construction companies of BOT businesses to be able to enter the foreign BOT industry, the government needs to conduct studies in information and policies of various nations.

• Korean Journal of Construction Engineering and Management
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• v.7 no.3 s.31
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• pp.65-75
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• 2006

Emerging trends regarding USFK(United States Forces, Korea)'s EC(Engineering/Construction) market include: (1) introduction of MATOC(Multiple Award Task Order Contract); (2) increase of DB(Design-Build) contract; and (3) encroachment of large US-origin private EC firms upon Korea. This study analyzes the change of USFK's EC market with focus on the change of construction management actors for USFK's EC projects. Specifically, USFK's EC projects have been managed by FED(Far East District). Recently, however, the large US private EC companies substitute the role previously taken by FED. This phenomenon is accelerated by the business chances in Korea due to LPP(Land Partnership Plan) and intentions of US Government to save military construction costs by means of utilizing US private EC companies. The large US EC firms entering into Korea are business opportunities as well as challenges to Korean EC firms, which are contracting USFK's EC projects. This study concludes that, through teaming joint venture with the large US EC firms, the market changes can be opportunities to acquire foreign market information and learn advanced construction management skill from them.

• Journal of the Korea Institute of Building Construction
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• v.10 no.5
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• pp.31-36
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• 2010

Rising interest rates positively affect investment in construction, while falling interest rates affect it negatively. In other words, the interest rate is one of the most critical factors affecting the construction sector. The purpose of this research is to analyze the relationship between the annual interest rate and construction contracts, and to present a model for quantitatively forecasting the economic performance of the construction sector. Based on the statistical data of interest rate changes for 19 years (from 1991 to 2009), this research induces an equation through regression analysis that incorporates interest rate and construction contract amounts as independent and dependent variables, respectively. The result of the analysis shows that, in the building and private sector, the interest rates are closely related to, with a correlation coefficient as high as 0.85. It was also indicated that the contract amounts of private and building sectors may increase quite rapidly in 2012.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.38 no.3
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• pp.497-503
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• 2018

Most of the conditions of contract applied in international construction contracts, including various conditions of contract published by FIDIC, include the provision for Retention Money which inevitably result in negative impact on cash-flow or financial burden to the contractors. In this study, fundamental reasons behind the application of Retention Money provisions are analysed and contractual mechanisms included in the FIDIC conditions of contract are searched, which include provisions for Performance Security and Defects as well as Termination, so that proper judgement can be derived on the application of Retention Money. In conclusion, considering the various contract provisions, performance security, termination of the contract by the Employer etc. included in the FIDIC conditions of contract, it is not necessary to include the provision for Retention Money.