• 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.

• Korean Journal of Construction Engineering and Management
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• v.23 no.6
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• pp.101-110
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• 2022

Recently, the global construction market is expected to grow at an annual average of 4.8% by 2025 and the risk of overseas construction is also expected to increase accordingly. In particular, domestic construction companies intensively participated in the EPC(Engineering, Procurement, Construction)/Turnkey project, but as a result of failing to respond to contractual risks, they have suffered losses of trillions of won in overseas business since 2013. Nevertheless, there have been not many studies on the derivation of EPC/Turnkey's contractual key risk sub-clauses. Therefore, in this study, the key risk sub-clauses were studied for the conditions of the 2017 Silver Book contract issued by the International Consulting Engineering Federation(FIDIC). To this end, 30 experts with more than 10 years of experience in international construction contracts were formed as a panel to conduct a Delphi survey on 170 sub-clauses of 21 clauses of FIDIC Silver Book to derive 62 main risk sub-clauses. In addition, the RPN(Risk Priority Number) was finally calculated using the FMEA(Failure Mode and Effect Analysis) technique, and 25 key risk sub-clauses within the Critical Risk range were derived. Through the results of this study, the practical point of view is able to refer to the contract provisions to be carefully reviewed at the bidding and contract signing stage in overseas construction projects. From an academic point of view, it provides direction and basic knowledge of how to study the contract fields used in overseas construction EPC/Turnkey projects.

• Korean Journal of Construction Engineering and Management
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• v.6 no.1 s.23
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• pp.205-211
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• 2005

Turnkey projects accounting for some $10\%$ of the total volume of the projects in the domestic market have been often implemented without the process of full-scale review or study because of clients' lack of expert and expertise. Moreover, many projects have been executed under the terms and conditions of the contact which were found to be unilaterally in favor of the clients. The study, as part of effects to mitigate the claims that would possibly be caused by the potential problems with the typical turnkey projects, were intended to identify the elements of the claims virtually being occurred at the construction sites, and then analyze the degree of influence on the project so as to be able to incorporate the outcome into the plan at the working-levels. As a result of experts' review, through the survey, of the elements once extracted, those having relatively higher degrees of influence on turnkey projects were determined, and the investigation aimed at estimating the amount of claims in terms of value were conducted to eventually identify, evaluate and verify the elements that had affected the Project together with the degree of influence.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.23
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• pp.129-153
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• 2004

What can easily be concluded is that the Orgalime's General Conditions will be preferred by contractors to the Silver Book. However, it is probable that for some projects the Orgalime's General Conditions will not be acceptable to employers without significant amendment, particularly to such matters as design obligations, limitation of liability, force majeure and possibly the extension of time provisions. It is doubtful, however, whether the Orgalime's General Conditions will prove to be an alternative to the Silver Book. For projects for which the Silver Book was intended, the Orgalime's General Conditions will usually be unacceptable to employers and leaders. Notwithstanding this, the Orgalime's General Conditions is a welcome addition to the ever-growing suite of international contracts. And I strongly suggest that we must prepare our "General Conditions for Turnkey Contracts", etc. reflecting our law and practices as soon as possible.

• Journal of the Korean Society for Railway
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• v.8 no.5
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• pp.460-469
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• 2005

Turnkey contract system is an effective ordering system for the ordering organizations that technical engineers are insufficient for their construction projects. It is possible to reduce project duration and to improve project quality in an integrated contract system between design and construction. However, owners can have a difficulty caused from unitary responsibility system. This study analyzes present situation and problems of turnkey contract system including railway projects. The result includes various methods for improving the system based on the analysis of bid price and selection procedure.

• International conference on construction engineering and project management
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• 2015.10a
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• pp.718-719
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• 2015

As a recent global trend, the majority of plant projects are delivered through EPC or EPC-turnkey contracts, where a contractor's liability is more complicated because of the mega size scale and financing method. Previous researches have been lacking a practical usability for project members for liabilities of contracts. Those were focused on solving the claims or schedule calculation issues only. The objective of the present study was to develop a validation process for LDs (liquidated damages) in contractor's liabilities with various case studies and expert judgments. As summarized in this paper, the processes and tools were developed with project life cycle process. The project preparation phase includes 3 step check lists to determine the Go or No-go for projects. In progress phase, contractors should focus on the response strategies for claims with liabilities. The study concludes that those developed processes and tools will help to manage risk of LDs for the contractors in the overseas projects.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2004.11a
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• pp.197-202
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• 2004

Turnkey contract system is an effective ordering system for the organizations that technical engineers are insufficient in their construction projects. It is possible to reduce project duration and to improve project Quality in an integrated contract system between design and construction. However, owners can have a difficulty caused from unitary responsibility system. This study analyzes present situation and problems of turnkey contract system in our country. The results includes various methods for improving the system based on the analysis of bid price nd selection procedure.

• Journal of the Korean Society for Railway
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• v.14 no.1
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• pp.31-38
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• 2011

Turnkey and alternative-design contracts was introduced operation in the country from january 2004 to February 2010. this was introduced operation. The selecting method of contractor for turnkey projects has being operated by an open forum type that consists of technical committee and appraisal committee in an integrated design approach deliberations. But to improve the operation of the problems, the government is operating design review committee consisting of the central, local and special design advisory committee in march 2010. But this system has also been suggested as still problems, too many contracts by large companies, increasing of design cost and excessive competition. This study is intended to contribute that turnkey and alternative-design contracts can be well operated in domestic construction markets. In this paper suggests some improvement methods and operational problems caused from application of an open forum type for selecting contractor of turnkey project.

• Journal of the Korea Institute of Building Construction
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• v.20 no.6
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• pp.527-535
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• 2020

This study analyzed main causes of claims in EPC/Turnkey projects. For this purpose, this study referred to the FIDIC silver book, which lists the international standard contract conditions for EPC/Turnkey projects. The most frequent cause of claim was delay. A process was then proposed to determine whether the owner or contractor was the responsible party when the delay claim occurred. The proposed process was for damages for delay which is the conditions of contract for indemnities against delay claim. The process was based on conditions of the contract of two previous EPC/Turnkey projects that were constructed in 2010, the FIDIC silver book, as well as the obligations of owner and contactors. The proposed process is applicable depending on the conditions of the contract and the owner's meaning. Furthermore, by identifying the responsible party, this study will contribute in identifying the possible claim types before concluding a contract and writing the specific contract.

• Korean Journal of Construction Engineering and Management
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• v.2 no.3 s.7
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• pp.58-66
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• 2001

Turnkey project, also called Design-Build project, has been expanding and diversifying its business into the Korean market. However, it has been experiencing numerous difficulties due to a large number of change orders on the public turnkey project. Change order during the construction phase impact on time deliveries, budget and quality on a turnkey project. In preparation for this, the government has to improve the awarding procedure and general conditions for turnkey projects. Contractors should also cooperate with their co-working partners and establish a standardized procedure, which provides change order control for efficient implementation on the construction site.