• Title/Summary/Keyword: contract risk

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A Development of the Risk Identification Checklist through the Re-establishment of Risk Breakdown Structure of Construction Project (건설사업 위험분류체계의 재정립을 통한 위험인지 체크리스트 개발)

  • Chu Hae-Keum;Kim Seon-Gyoo
    • Korean Journal of Construction Engineering and Management
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    • v.4 no.2 s.14
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    • pp.109-117
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    • 2003
  • The construction project is largely exposed to much more risk events over the project life cycle due to its complexity and size than the other industries. Therefore, the construction risk management process to identify and response the risk events is not only performing acutely but also proceeding systematically. The risk identification phase in the risk management process is to identify various risk events and define its characteristics. At this phase, the risk identification system is very useful tool to identify every possible risk events in the project. This study shows some problems of the existing risk identification system and proposes the modified risk identification system based on the project phases and the contract bodies, and also suggests partial but more enough detailed risk checklists to be implemented in the actual risk identification phase than any other existing risk breakdown systems to be examined at this study.

An Effective Project risk Management Based on Systems Engineering (시스템엔지니어링에 기반한 효과적인 리스크 관리)

  • Kang, Top;Kim, Sung-Cheol;Oh, Jung-Taek
    • Journal of the Korean Society of Systems Engineering
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    • v.7 no.1
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    • pp.43-51
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    • 2011
  • SE generally defines approaching ways of conducting identification, verification and integration of an optimized product and process solution to meet customer's needs by leveraging organizational competency in engineering and management. To successfully develop a new product under mass production contract, it is important to efficiently carry out the program by ensuring that three major competencies are secured; core technology, system integration, and program management. For successful implementation of tasks in the three areas, systematic execution is called for, which requires identifying risk factors in advance. In particular, comprehensive risk management role and responsibility is required for program management. Success of a development program is determined by complex elements of human resources, organization culture, and overall competency of an organization in technology and program management, including capability of the program manager. In this paper, a risk management solution is suggested to lead a program to success with a more efficient way through actual risk management by the concept of SE around the above three areas.

Economic FX Rate Exposure Management and Invoicing Currency Determination (경제적(經濟的) 환율노출관리(換率露出管理)와 송장통화결정(送狀通貨決定))

  • Moon, Chang-Kuen;Yim, Chun-Ho
    • International Commerce and Information Review
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    • v.9 no.4
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    • pp.107-125
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    • 2007
  • With the rapidly increasing of Korean enterprises, the importance of foreign exchange(FX) risk management for the future operation generated from FDI contract is becoming the critical problem of international business. This type of FX risk, called as "economic exposure risk", requires us of the unique risk management principles and techniques. In this paper, we identify the properties of economic exchange rate exposure, analyze the identification and measurement processes of risk sources and strength, and perform the estimation of the main determinants and its profile effects of the invoicing currency for the efficient management of economic FX exposure.

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Research on ITB Contract Terms Classification Model for Risk Management in EPC Projects: Deep Learning-Based PLM Ensemble Techniques (EPC 프로젝트의 위험 관리를 위한 ITB 문서 조항 분류 모델 연구: 딥러닝 기반 PLM 앙상블 기법 활용)

  • Hyunsang Lee;Wonseok Lee;Bogeun Jo;Heejun Lee;Sangjin Oh;Sangwoo You;Maru Nam;Hyunsik Lee
    • KIPS Transactions on Software and Data Engineering
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    • v.12 no.11
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    • pp.471-480
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    • 2023
  • The Korean construction order volume in South Korea grew significantly from 91.3 trillion won in public orders in 2013 to a total of 212 trillion won in 2021, particularly in the private sector. As the size of the domestic and overseas markets grew, the scale and complexity of EPC (Engineering, Procurement, Construction) projects increased, and risk management of project management and ITB (Invitation to Bid) documents became a critical issue. The time granted to actual construction companies in the bidding process following the EPC project award is not only limited, but also extremely challenging to review all the risk terms in the ITB document due to manpower and cost issues. Previous research attempted to categorize the risk terms in EPC contract documents and detect them based on AI, but there were limitations to practical use due to problems related to data, such as the limit of labeled data utilization and class imbalance. Therefore, this study aims to develop an AI model that can categorize the contract terms based on the FIDIC Yellow 2017(Federation Internationale Des Ingenieurs-Conseils Contract terms) standard in detail, rather than defining and classifying risk terms like previous research. A multi-text classification function is necessary because the contract terms that need to be reviewed in detail may vary depending on the scale and type of the project. To enhance the performance of the multi-text classification model, we developed the ELECTRA PLM (Pre-trained Language Model) capable of efficiently learning the context of text data from the pre-training stage, and conducted a four-step experiment to validate the performance of the model. As a result, the ensemble version of the self-developed ITB-ELECTRA model and Legal-BERT achieved the best performance with a weighted average F1-Score of 76% in the classification of 57 contract terms.

A Study on Warranty in The Insurance Act 2015 (영국 2015년 보험법 상 담보(워런티)에 관한 연구)

  • SHIN, Gun-Hoon;LEE, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.73
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    • pp.65-90
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    • 2017
  • The rule of warranty in English insurance law was established in the second part of the $18^{th}$ century by Lord Mansfield, who laid the foundations of the modern English law of insurance contract and developed very different rule of insurance law, especially in the field of warranty. At the time of Lord Mansfield, warranty, that is, the promise given by the assured, played an important role for the insurer to assess the scope of the risk. Legal environments, however, have changed since the age of Lord Mansfield. English and Scottish Commissions proposed very dramatic reform of law in the field of warranty law to reflect the changes of legal environment through the Insurance Act 2016. This article intends to consider the legal implications through the comparative analysis between the new regime of warranty in the Insurance Act 2015 and MIA 1906. The major changes in the Insurance Act 2015 are summarized as following. First, Basis of the contract clauses in non-consumer insurance contracts should be of no effect and representations should not be capable of being converted into warranties by means of a policy term or statement on the proposal form. This requirement should not be capable of being avoided by the use of a contract term and the arrangement of contracting out by parties should be of no effect. Secondly, The existing remedy for breach of warranty, that is, automatic discharge of the insurer's liability, should be removed. Instead, the insurer's libility should be suspended from the point of breach of warranty and reattach if and when a breach of warranty has been remedies. Thirdly, A breach of warranty should genally be regarded as remedied where the insured ceases to be in breach of it. In the other hand, for time-specific warranties which apply at or by an ascertainable time, a breach should be regarded as remedies, if the risk to which the warranty relates later, becomes essentially the same as that originally contemplated by the parties. Fourthly, where a term of an insurance contract relates to a particular kind of loss, or loss at a particular location/time, the breach of that term should only give the remedy in relation to loss of that particular kind of loss, or at a particular location/time. Finally, whether a term of an insurance contrat relates to loss of a particular kind of at a particular location/time should be determined objectively, based on whether compliance with that ther would tend to reduce the risk of the occurrence of that category of loss.

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Architects' Perceptions on Identifying Major Risk Factors and Mitigation Measures in Green Building Design :The Case of South Korea

  • Kim, Jinho
    • Architectural research
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    • v.21 no.3
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    • pp.69-77
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    • 2019
  • Architects are facing increasing risks that result from heightened expectations of benefits and performance when designing green buildings compared to traditional buildings. This study aims to explore the possible risk factors for architects in green building projects in South Korea and assess risk mitigation measures. To attain this goal, 14 risk factors and 12 mitigation measures were determined through an extensive literature review. A questionnaire was administered to architects practicing green building design and criticality index was employed to assess major risk factors and mitigation measures. This study identified 'adoption of new technology and process', 'green building certification results', 'building products and materials', and 'energy saving uncertainty' as the major risk factors of green building projects. Additionally, the questionnaire proposed 'contract indicating each party's role, liability, and limitations clearly', 'utilizing integrated design process', and 'understanding client's goal in green building projects' as the three most effective risk mitigation measures in designing green buildings. There are few studies that focus on architects' perceived risks concerning green building projects; this study contributes to a deeper knowledge and attempts to fill the current literature gap, which would benefit South Korea's green building design practice by aiding in the development of better risk management strategies.

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.

Life Cycle Costing: Maintenance and Repair Costs of Hospital Facilities Using Monte Carlo Simulation

  • Kim, Tae-Hui;Choi, Jong-Soo;Park, Young Jun;Son, Kiyoung
    • Journal of the Korea Institute of Building Construction
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    • v.13 no.6
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    • pp.541-548
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    • 2013
  • During the administration of a construction project, various types of participants are engaged in the project. From the design phase to the maintenance phase, these participants may confront many risks. To avoid these risks, participants should utilize an insurance company or a bond company. The types of risks and liability that a construction manager may face are listed in the construction law or contract. But there are some arguments related to risk transferring and the content of risks. For this reason, construction managers must carefully consider any possible risks in the contract and the construction law. Therefore, for construction managers to deal with risks appropriately, the introduction of a legal requirement to carry professional liability insurance, a defined compensation range for damages, a method of guarantee in the event of defects, a defined compensation claim period for damage, and a method of damage claim were suggested in this study.

A Framework for Guaranteed Maximum Price and Contingency Development for Integrated Delivery of Transportation Projects

  • Gransberg, Douglas D.;Shane, Jennifer S.;Ahn, Jun-Yong
    • Journal of Construction Engineering and Project Management
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    • v.1 no.1
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    • pp.1-10
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    • 2011
  • This paper discusses the components of a guaranteed maximum price (GMP) and proposes a framework for the development of GMPs as contract payment provisions for construction manager-at-risk (CMR) and design-build (DB) contracts for transportation projects. The framework is the synthesis of a comprehensive literature review, a content analysis of CMR and DB solicitation documents and contracts, and case study project output from twelve projects in nine states worth $3.1 billion. The research also discusses the development of three common types of contingencies that are often utilized in projects with GMPs. The study concludes that owners should specify the structure of the GMP and its components to enhance clarity and understanding of the GMP's composition. It recommends that this structure be included in the CMR and DB solicitation documents so that pricing proposals can be formulated in a manner that is consistent with the contract payment provisions that will be useful to practitioners that need to implement GMP-based contracts.

The Effects of Psychological Contract Violation on OS User's Betrayal Behaviors: Window XP Technical Support Ending Case (심리적 계약 위반이 OS이용자의 배신 행동에 미치는 영향: 윈도우 XP 기술적 지원서비스 중단 사례)

  • Lee, Un-Kon
    • Asia pacific journal of information systems
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    • v.24 no.3
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    • pp.325-344
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    • 2014
  • Technical support of Window XP ended in March, 8, 2014, and it makes OS(Operating System) users fall in a state of confusion. Sudden decision making of OS upgrade and replacement is not a simple problem. Firms need to change the long term capacity plan in enterprise IS management, but they are pressed for time and cost to complete it. Individuals can not help selecting the second best plan, because the following OSs of Window XP are below expectations in performances, new PC sales as the opportunities of OS upgrade decrease, and the potential risk of OS technical support ending had not announced to OS users at the point of purchase. Microsoft as the OS vendors had not presented precaution or remedy for this confusion. Rather, Microsoft announced that the technical support of the other following OSs of Wndow XP such as Window 7 would ended in two years. This conflict between OS vendor and OS users could not happen in one time, but could recur in recent future. Although studies on the ways of OS user protection policy would be needed to escape from this conflict, few prior studies had conducted this issue. This study had challenge to cautiously investigate in such OS user's reactions as the confirmation with OS user's expectation in the point of purchase, three types of justice perception on the treatment of OS vendor, psychological contract violation, satisfaction and the other betrayal behavioral intention in the case of Window XP technical support ending. By adopting the justice perception on this research, and by empirically validating the impact on OS user's reactions, I could suggest the direction of establishing OS user protection policy of OS vendor. Based on the expectation-confirmation theory, the theory of justice, literatures about psychological contract violation, and studies about consumer betrayal behaviors in the perspective of Herzberg(1968)'s dual factor theory, I developed the research model and hypothesis. Expectation-confirmation theory explain that consumers had expectation on the performance of product in the point of sale, and they could satisfied with their purchase behaviors, when the expectation could have confirmed in the point of consumption. The theory of justice in social exchange argues that treatee could be willing to accept the treatment by treater when the three types of justice as distributive, procedural, and interactional justice could be established in treatment. Literatures about psychological contract violation in human behaviors explains that contracter in a side could have the implied contract (also called 'psychological contract') which the contracter in the other side would sincerely execute the contract, and that they are willing to do vengeance behaviors when their contract had unfairly been broken. When the psychological contract of consumers had been broken, consumers feel distrust with the vendors and are willing to decrease such beneficial attitude and behavior as satisfaction, loyalty and repurchase intention. At the same time, consumers feel betrayal and are willing to increase such retributive attitude and behavior as negative word-of-mouth, complain to the vendors, complain to the third parties for consumer protection. We conducted a scenario survey in order to validate our research model at March, 2013, when is the point of news released firstly and when is the point of one year before the acture Window XP technical support ending. We collected the valid data from 238 voluntary participants who are the OS users but had not yet exposed the news of Window OSs technical support ending schedule. The subject had been allocated into two groups and one of two groups had been exposed this news. The data had been analyzed by the MANOVA and PLS. MANOVA results indicate that the OSs technical support ending could significantly decrease all three types of justice perception. PLS results indicated that it could significantly increase psychological contract violation and that this increased psychological contract violation could significantly reduce the trust and increase the perceived betrayal. Then, it could significantly reduce satisfaction, loyalty, and repurchase intention, and it also could significantly increase negative word-of-month intention, complain to the vendor intention, and complain to the third party intention. All hypothesis had been significantly approved. Consequently, OS users feel that the OSs technical support ending is not natural value added service ending, but the violation of the core OS purchase contract, that it could be the posteriori prohibition of OS user's OS usage right, and that it could induce the psychological contract violation of OS users. This study would contributions to introduce the psychological contract violation of the OS users from the OSs technical support ending in IS field, to introduce three types of justice as the antecedents of psychological contract violation, and to empirically validate the impact of psychological contract violation both on the beneficial and retributive behavioral intentions of OS users. For practice, the results of this study could contribute to make more comprehensive OS user protection policy and consumer relationship management practices of OS vendor.