• Title/Summary/Keyword: construction contract

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A Model for Predicting Management Costs of the Multiple Prime Contract (분리발주 방식의 관리비용 예측 모델)

  • Kim, Kihyun;Kim, Kyungrai;Park, Wansoo;Lee, Eunjae;Hwang, Youngkyu
    • Korean Journal of Construction Engineering and Management
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    • v.15 no.2
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    • pp.44-52
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    • 2014
  • On March, 2013, the Government announced the Multiple Prime Contract method will be expanded in public building construction projects. The applying multiple prime contract method has been immersing issue among all stakeholders of construction project. The owner conducts the role of a general contactor as well as owner's original responsibility while construction works being executed by specialty contractors. If the owner has not experience of project management, it should be bring about increasing management cost due to the interface problems among prime contractors. With this reason, it is difficult to administrate the multiple prime contract. So far there has been no methodology of predicting management cost in the multiple prime contract. Therefore, this study aims to enable the operation of efficient multiple prime contracts by developing a model to predict their management costs.

A Study on the Reformation of the Contract Time Extension Process in the Public Construction projects (공공건설사업에서 계약기간 연장처리방법 개선에 관한 연구)

  • Cho Young-Jun;Lee Sang-Beom
    • 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.

Efficient Application of Multi-Trade Contract Method to Public Construction Project (공공건설사업 직할시공제 적용의 문제점 및 효율적 적용 방안)

  • Chang, Chul-Ki
    • Korean Journal of Construction Engineering and Management
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    • v.14 no.2
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    • pp.35-44
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    • 2013
  • Multi-trade Contract Method was introduced as a means of cutting down construction cost of public housing for low income people. Before a specific project delivery method is applied to large public construction project, it is necessary to discuss all the issues raised up from all the parties in construction industry and all the issues which can impact project performance. Thus the interviews were conducted with industrial professionals from diverse organizations and previous studies were investigated to figure out how this newly introduced project delivery method may impact owner's role and responsibility and project performance in terms of cost, schedule, quality and risk. Under the Multi-trade Contract Method, project owner's management tasks will be highly increased, so it should be checked out if the owner can do its role and responsibility. Public owner's organization also needs to be changed and proper project management procedure and system need to be established. In addition, for efficient application of Multi-trade Contract Method, public owner should consider diverse management approach to deliver the project, and how to select and maintain qualified specialty trades.

A Study on the Legal Liabilities of Contractor as a Delay in the Product Delivery on the Offshore Plant Construction Contract (해양플랜트공사계약상 제조물인도지연에 따른 당사자의 법적 책임에 관한 고찰)

  • Jin, Ho-Hyun
    • MARITIME LAW REVIEW
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    • v.29 no.2
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    • pp.115-144
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    • 2017
  • The impact of the global financial crisis, which began in the United States in 2007, had a major impact on the domestic shipping and shipbuilding industries. In this regard, the domestic shipyard has established an order-taking strategy in several ways as an alternative to lowering the amount of construction of commercial vessels due to deterioration of the shipping industry, and selected industrial sector was the offshore plant sector. However, the domestic shipyard has under performed the offshore plant in order to just increase sales and secure work without any risk analysis for EPC contracts. As a result, the shipyard has been charged more than the initial contract price with the offshore plant contractor, or the shipyard has become a legal issue requiring payment of liquidated damages due to delays in delivery of the product. The main legal disputes are caused by the thorough risk analysis and the inexperience of process control that can occur during offshore plant construction. and In particular, there is no sufficient review of the unequivocal provisions in the contract as an element of risk management. There is no human resource to review these contractual clauses. Therefore, this study identifies the existence of specific risks that could lead to delays in offshore plant construction, and examined the existence of any unequivocal clauses in contracts for offshore plant construction. and also discussed how the toxic clause applies to the actual parties and how the concrete risk factors in the construction contracts are transferred and expressed by referring to the interviews with the project manager of the domestic shipyard and the previous research. As a result, This paper examined the legal liability of the contracting parties regarding delayed delivery of the products due to the offshore plant construction contract. And to improve the domestic shipbuilding industry.

A Study on Composition of The Construction Organization in Construction Work in Korea - Focus on Apartment of The Capital Region - (국내 건축공사 시공조직 구성에 관한 연구 - 수도권 공동주택을 중심으로 -)

  • Lee, Kyo-Sun;Kim, Hyun-Seok;Kang, Kyung-In
    • Journal of the Korea Institute of Building Construction
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    • v.3 no.1
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    • pp.155-160
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    • 2003
  • The Korean economic crisis hit badly the local construction industry, especially during the year of the 1998 when the country took the IMF bailout proframme. Under the poor business environment, such as reduction of construction investment, financial difficulty from high interest rate, and increasing bankruptcies, restructuring measures were repuired for survival of the industry. It is obvious the restructuring process is essential for the future business success. regardless of the financial crisis. With this background, this research aims the contribute to improved construction management structure and strengthened international competitiveness of the industry through the cost reduction and productivity enhancement, by analysising and proposing and optimal level of the manpower structure of construction management organization With the subject of 24 construction fields of apartment houses in the capital region as of January 1, 1999, constructed by OO company having leaded the construction industry of the country so far now, the researcher performed the on the spot survey regarding the organization/manpower structure and construction contract amount.

An Analysis on the Problems of General Conditions for Domestic Design-Build Construction Projects (국내 설계${\cdot}$시공일괄발주방식을 위한 공사계약 일반조건의 문제점 분석)

  • Seo Young-Min;Park Chan-Sik
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.303-306
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    • 2003
  • Although design-build construction projects have recently increased. general conditions of construction contract are not reflecting the characteristic of design-build construction projects neither performing its fundamental roles as implying many claim elements. So. this study aims to propose the basis for improving the general conditions of the domestic design-build construction projects. This study reviews literatures associated with design-build construction contract and analyses domestic general conditions into foreign standard forms of general conditions. Additionally, it is examined the problems of design-build construction contracts and performed questionnaire survey to the practitioner in the construction contract field. In doing so, this study suggests the direction for improving general conditions of domestic design-build construction projects.

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MITIGATION AND REMISSION OF CONTRACTOR'S DEFECTS LIABILITY IN KOREAN CONSTRUCTION CONTRACTS

  • Jong-Gwang Lee ;Yong-Su Kim
    • International conference on construction engineering and project management
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    • 2005.10a
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    • pp.447-451
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    • 2005
  • The purpose of this study is to improve regulations such as law and standard contract forms related to defects liability in Korea. Defects liability has been one of the major causes of construction contract disputes in Korea in recent years. It is important to avoid or resolve disputes regarding defects liability through regulations containing clear criteria and to specify the standard regarding the mitigation and remission of the contractor's defects liability. This study was carried out through document research and analysis of judicial precedents. The following are the courses of improvement regarding the mitigation and remission of defects liability in Korea. First, laws and standard contract forms must contain more detailed clauses regarding exemption of a contractor's defects liability, which clearly set out the scope of the defects liability of the contractor. Second, the current system for defects liability favors the owner rather than the contractor - it is necessary to change the defects liability system in order to give the owner and the contractor an equal standing. Third, strict liability is taken on by the contractor even when the term of guarantee for defects lasts longer than the legally set period of liability for defects. Hence, it is necessary to improve the system by alleviating the liability of the contractor through applying negligence liability as opposed to strict liability during the term of guarantee.

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A Study of Integrated Project Delivery(IPD) Methods Based on Building Information Modeling(BIM) (BIM 기반의 IPD 발주방식에 관한 연구)

  • Shin, Kyoo-Chul;Ham, In-Ho
    • Journal of The Korean Digital Architecture Interior Association
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    • v.12 no.3
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    • pp.15-25
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    • 2012
  • The purpose of this research is to explore the necessity of utilizing IPD methods along BIM based project operation in domestic construction market. IPD is relatively new project delivery methods focused on the collaboration of stockholders based on BIM technology. IPD is focused on the multiparty contract process rather than multiple bilateral contracts under Traditional Project Delivery Methods. The research method is to investigate the IPD standard contract documents, successful IPD project cases in the U.S. The research results are as follows. The model for an IPD standard contract needs to be developed for the application to a real construction projects. Various types of IPD model contract need to be developed to accommodate the requirements of industry and stockholders in Korea.

Improvement of the Calculation Standard for Prolongation cost of Domestic Public Construction Project (국내 공공 공사 공기연장 간접비 산정 기준 개선방안 - 국가계약법 및 지방계약법 산정기준의 비교 고찰 -)

  • Jeong, Kichang;Lee, Jaeseob
    • Korean Journal of Construction Engineering and Management
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    • v.17 no.4
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    • pp.95-102
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    • 2016
  • Recently, a research regarding calculation of construction time extension-oriented incidental costs has been intensively suggested in quantitative aspect and recent studies on system improvement has been made continuously. In the case of Domestic Public Construction Works, State Contract Act is applied when the client is government whereas Local Government Contract Act is done when the client is local government, but more meticulous study is required because improvement plan is not proposed even there is a clear demand for improvement of these problems on calculation standard. Thus this study suggested appropriate standard by comparing each the calculation standards followed by 'State Contract Act' and 'Local Government Contract Act', considering the problems accorded, and analyzing field cases. Calculation method of other expenses was differently regulated as the revision of each regulation, and this demonstrates that there is a difference of actual cost from 12.37% to 24.95%. It is shown that less cost of construction time were calculated than actual cost according to a problem of calculation method by State Contract Act as the rate at the time of contract to be applied in other expense rate. This study suggested the rate against incidental cost and the rate of other expense per day against total construction cost as an appropriate rate calculation for other expense based on field database.

Valuation of highway O&M contract using real option (실물옵션을 활용한 고속 도로 유지관리 계약의 가치산정)

  • Park, Taeil;Shin, Eun-Young;Lee, Yoo-Sub
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.14 no.11
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    • pp.5964-5970
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    • 2013
  • The recent budget planning for highway infrastructure implied that the investments for Operation & Maintenance(O&M) became greater than that for new construction. This circumstance made many stakeholders pay attention to the O&M of road infrastructure and adopt other countries' policies and system for effective management. In other countries, most O&M for road infrastructure have been done by private entities using long-term contract and Korea is about to shift from one year contract to long-term contract. The most important parts for the expansion of the long-term O&M contract for road infrastructure are valuation of the O&M contract based on accurate prediction of O&M costs and instrument for proper risk sharing between contracting parties. Thus, this study provides a methodology to estimate a reasonable O&M contract price and a framework to share contract risk between contracting parties using real option. The analysis results showed that the contract price and ceiling and floor conditions for the 20 year-contract of 20 km-highway project were 45.7, 60 and 42.3 billion won, respectively.