• International conference on construction engineering and project management
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• 2011.02a
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• pp.526-533
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• 2011

Contracting is said to be a high-risk business, and a common cause of business failure is related to cash management. A contractor's financial viability depends heavily on how actual payments from an owner deviate from those defined in the contract. The paper presents a method for contractors to evaluate the punctuality and fullness of owner payments based on historical behaviour. It does this by classifying owners according to their late and incomplete payment practices. A payment profile of an owner, in the form of aging claims submitted by the contractor, is used as a basis for the method's development. Regression trees are constructed based on three predictor variables, namely, the average time to payment following a claim, the total amount ending up being paid within a certain period and the level of variability in claim response times. The Tree package in the publicly available R program is used for building the trees. The analysis is particularly useful for contractors at the pre-tendering stage, when contractors predict the likely payment scenario in an upcoming project. Based on the method, the contractor can decide whether to tender or not tender, or adjust its financial preparations accordingly. The paper is a contribution in risk management applied to claim and dispute resolution practice. It is argued that by contractors having a better understanding of owner payment behaviour, fewer disputes and contractor business failures will occur.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.12 no.4
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• pp.145-155
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• 1992

The objective of the study is to evaluate the effect of variabilities (uncertainties) in materials and testing on contractor payment and to suggest a base for adjusting the unsuitable specification. Most commonly used acceptance plans were used to estimate payment using simulation. Simulation results that were graphically illustrated by means of operating characteristics (OC) curves in terms of expected payment showed that contractor received a reduced payment due to intrinsic sampling and test variabilies. The most significant reduction was caused due to relatively large magnitude of the testing variability. Therefore, the tolerance range in acceptance plan should be revised as compared with typical testing variability.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.50
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• pp.215-250
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• 2011

Korean won overseas construction projects worth 71.6 billion US Dollars in 2010, which exceeded that of 2009 by 45.6%. An overseas construction project is a transaction of large scale, long term project, many parties participating, deferred payment, and of high-technology. It contributes to foreign currency earning, and also leads the nation's export restructuring work towards high value-added one. There are various kinds of risks towards the relevant parties respectively, which are key elements in successfully performing the overseas construction project. There are completion risk, financing risk, operating risk, revenue risk etc, in an employer's place. A contractor may be confronted with payment risk, issuance risk of performance bond, financing risk, performance risk of sub-contractors, and exchange rate risk. In lenders place there are repayment risk, completion risk, and political risk in the host country. In order to mitigate risks, the parties shall take relevant measures or require relevant securities. A contractor needs to evaluate the credibility of an employer in respect of payment risk, and can also request export insurance cover by the Korea Trade Insurance Corporation(the former 'Korea Export Insurance Corporation"). An employer can require a contractor to provide performance bond in respect of completion risk, and employ a well-known first class bank as a mandated arranger to arrange financing with regard to completion risk. Lenders needs to evaluate the credibility of an employer and accomplish feasibility study of the project. Lenders can request insurance cover from export credit agency. Once the parties assess the respective risks and obtain relevant securities, the project will be successfully completed. The success of the project will be sure to bring the parties involved enormous profits and another opportunity to participate in overseas construction project afterwards.

• International conference on construction engineering and project management
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• 2013.01a
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• pp.181-187
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• 2013

The construction market condition is getting worse because of global constructions slow down, low profit, market contraction and so on. For these reason, most construction companies depend on public construction projects which possible to protect construction fee, known as progress payment, by laws. Despite this law, problems of progress payment are constantly occurring and it has been main factors that hinder the construction cost's cash-flow in construction project. To solve this problem, many researchers suggested various solutions but most of solutions were focused on specific target as owner, general contractor, and subcontractor. So, most of solutions were insufficient consider about interaction between contractors. Because of these reasons, it was hard to reflected policy. This research aimed to use system dynamics to develop the model for the application and payment based on the regulations and papers. Also, performed a developed model's verification based on progress payment regulation's basic objectives.

• The Journal of Industrial Distribution & Business
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• v.14 no.8
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• pp.19-25
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• 2023

Using a procurement and construction stage emphasis on the capabilities of the Sub-Contractor (SC), the present research aims to discover the types of unfair activities between the Main Contractor (MC) and SC and their influence on project completion. This research also tries to figure out solutions which can reduce unfair activities between MC and SC. Research design, data and methodology: The qualitative textual analysis was selected for the current research and has been used by numerous previous researchers commonly to review relevant themes in the prior resources and suggested for researchers who conduct a reviewing procedure to analyze meta-analysis approach for figuring out better research findings from prior resources. Results: The result indicates the prevalence and consequences of bid shopping, emphasizing the need for transparency and fair bidding practices. Late payment issues were also found to be crucial for subcontractors' financial stability, urging the implementation of prompt payment legislation and agreements. Conclusions: In conclusion, the research revealed that subcontracting is common in construction projects, with general contractors relying on multiple subcontractors to carry out specific work items. The accomplishment of building projects hinges on the collaborative efforts between the main contractor (MC) and subcontractors (SCs), each focusing on different aspects of the project.

• Proceedings of the Korea Contents Association Conference
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• 2006.05a
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• pp.356-359
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• 2006

Dispute is construction itself. Serious difficulties ore occurred between contract parties when These disputes have occurred. Authority may fear the defective work if the requirement of contractor is fully reflected in the adjustment of contract. On the other hand the contractor may have fears that no payment or some payment of the extra work or the additional work done will be required. Therefore these problems must be resolved before these result in an enlarged riffle effect. To reduce the fear of the contract parties, ADR(Alternative Dispute Resolution) process were suggested.

• Journal of the Korea Institute of Building Construction
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• v.18 no.2
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• pp.195-202
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• 2018

The defects that are bound to arise in most construction projects cause disputes among the contracting parties regarding the defect warranty liability (DWL)guaranteed by the retention of the contractor's performance security at the end of the performance period of the contract. Most current projects involve a multiple-tier contractual relationship, causing the liability for some defects to overlap. In addition, many construction projects are made up of multiple detailed work types which an expert hired by the owner inspects the part completed by the contractor and pays an interim payment. However, after the completion of work, the contractor will still hold the defect warranty liability. In a scenario in which the work is delayed due to reasons for which the owner is responsible, the defect warranty liability period is also increased, imposing an additional burden on the contractor. In this study, basic research was carried out with the goal of reducing problems related to defect warranty liability Problems related to defect warranty liability cases and the nature of the defect warranty liability period were investigated. Possible solutions to the problems caused by the DWL that were suggested include the separation of the negligence liability period and the strict liability period, as well as the introduction of a retention money system.

• KIPS Transactions on Computer and Communication Systems
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• v.11 no.6
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• pp.175-184
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• 2022

Blockchain is being studied in various fields such as logistics, fintech, medical care, and the public sector. In the public information software project, some deliverables are omitted because the developed deliverables and the deliverables requested by the project management methodology do not match, and an additional process is required for payment. In this paper, we propose the deliverables management system for public information software project which is configured a distributed environment using the Ethereum blockchain and which has an automatic payment system only when all deliverables are approved. This system can keep the service available in case of system failure, provide transparency and traceability of deliverables management, and can reduce conflicts between the ordering company and the contractor through automatic payment. In this system, the information of deliverables is stored in the blockchain, and the deliverables that their file name is the hash value calculated by using the version information and the hash value of the previous version deliverable, are stored in the SFTP server. Experimental results show that the hash value of the deliverables registered by the contractor is correct, the file name of the deliverables stored in the SFTP server is the same as the hash value registered in the Ethereum blockchain, and the payment is made automatically to the Ethereum address of the contractor when all deliverables are approved.

• Korean Journal of Construction Engineering and Management
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• v.8 no.5
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• pp.101-108
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• 2007

To execute a construction project, many construction participants are engaged in the project. Especially many subcontactors role is very important, but their contract statute seems weaker rather than prime contractor. So to protect the subcontractor and to activate fair subcontract, Fair Transactions in Subcontracting Act was enacted. Direct payment to subcontractor clause of the act can protect subcontractor from the fear of insolvency of prime contractor, on the other hand can cause dispute about the interpretation of defect liability. Therefore the positive act and regulation were examined, and the effects of direct payment to subcontractor were analyzed. And the treatment direction of direct payment were suggested in this paper. Summary is as follows; (1) Statute of subcontractor for the ordering subject must be considered (2) Contract relationship must be reflected in the performance bond, subcontract bond, and subcontract construction conditions (3) To clarify the defect liability for the direct payment, retainage to guarantee the repair during contract period may be reflect on the subcontract construction conditions.

• The Research Journal of the Costume Culture
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• v.7 no.6
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• pp.41-53
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• 1999

Fashion marketing channels experience conflicts inevitably because of constant interaction among fabric producers, apparel manufacturers, contractors, and retailers. However, it is rarely that attempts has been made to identify causes of conflicts in distribution channel of fashion industry. The purpose of this study was to explore causes of conflicts from the standpoint of a contractor. For this study, data were collected from the owner or the manager represented with a contractor in fashion maketing channels. By means of in-depth interviews with multiple informants, their statement was analyzed qualitatively. From analysis of the resulting data, the causes of conflict were associated with two broad sets, attitudinal and structural differences between apparel manufacturers and contractors. First, attitudinal sources of conflict were identified as perception of subordinated relationships between channel members, delayed announcement on order changes, difficulties in communication by using different terms, different expectations between channel members in controlling product quality, and lack of credit in inspecting products. Second, structural sources of conflict involved unilateral decision on wages for contracting, lengthy payment period derived from a bill of credit, deficient autonomy in selecting auxiliary suppliers, unreasonable issues on lead time, and unfair transaction in selecting a contractor or inspecting finished products. There are limitations on generalization due to the results based on interviews, but this study will be a useful exploratory step before designing a large scale survey.