• 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.

• Proceedings of the Korean Society of Computer Information Conference
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• 2022.01a
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• pp.141-143
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• 2022

IT 자산관리(ITAM, IT Asset Management)는 조직이 소유한 IT 자산과 관련된 모든 이력 변경 정보, 비용, 계약 및 구매/리스 데이터를 관리하는 것이다. 자산 취득 및 처분에 관한 기술, 재무 및 계약 정보를 취득하고 통합한다. 그리고 유지하는 과정. 비즈니스의 효율성과 효율성을 높이기 위해 IT 인프라의 서비스 및 리소스에 대한 자산 관리의 4가지 요소(4C, 특성: 자산 수명 주기 정보, 구성: H/W와 S/W 정보, 계약: 서비스 및 보증, 종합관리: 보증 정보, 비용 및 재무 정보)는 회사 인프라 자원의 TCO 및 ROI를 개선하고 생산성의 범위를 확장하는 것을 목표로 한다. IT 자산 관리의 필요성은 사업에 필요한 IT 자산 정보 제공, 비용 관리, 구매 결정에 필요한 정보 제공, 소프트웨어 라이선스 및 하드웨어 자원의 재활용 촉진, 장치 노후화로 인한 추가 비용 방지를 위한 것이다. 비용 예측 및 관리, 내부 통제 및 외부 감사 대응, 사업부별 IT 비용 및 활용도 분석을 유지 및 지원한다. 사업부의 IT 자원 사용으로 인한 문제는 업무 효율성을 저하시키고 IT 부서의 업무를 증가시키며 결과적으로 기업의 비용을 증가시키며 이것이, IT 자산 관리의 현실이다. 본 논문에서는 적용 사례를 통해 더 나은 관리 방안을 마련하기 위한 방법을 제안한다.

• Korean Journal of Construction Engineering and Management
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• v.12 no.2
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• pp.3-11
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• 2011

There are several causes to recalculate the contract amount in public construction projects. Among them, the escalation clause was introduced in 1969 and now the condition to recalculate the cost is effective after 90 days from the date of contract and the rate of fluctuation should be more than 3% from the date of bidding. The two calculation methods for the rate of fluctuation are item-adjustment and index-adjustment. According to the results of investigation into 4 public institutions and 163 projects, all of them have used the method of index-adjustment and the rate of projects that spend over 6 months obtaining the approval of contract amount adjustment is more than 90%. The reason for spending lots of time is caused by problems of the calculation method on the price fluctuation rate. Therefore, it is necessary that the calculation method should be diversified to cope with the problems and a option of the builder should be expanded as well. Furthermore, if the way to apply correction factors to construction price index and average index based on the producer and consumer price index made by the bank of Korea is added, then the duration will be reduced without additional expenses. This study proposed the diversification of the calculation method using price fluctuation rate and builders' expanded options as improvement on the managerial method of Price Fluctuation System for the prompt and efficient contract amount adjustment.

• Korean Journal of Construction Engineering and Management
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• v.17 no.2
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• pp.127-134
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• 2016

Design modification is one of the elements that must be controlled in the process of any construction project. Especially a military facility project comes with more obstacles than private work due to the unique characteristics and closeness of the military. As there are both the project manager and the user within the ordering body, it is likely to have difficulties unless communication is conducted smoothly. The reason is that such issues regarding communication lead to design modification and it will result in the user's dissatisfaction. Thus this study aimed to identify the elements that generally cause design modification by analyzing characteristics of military projects from the status of current project contracts, analyzing past elements that lead to design modification and comprehensively researching responds from the survey on operators of facility projects. It is expected that loss from design modification of military facility projects is reduced by proposing feasible and practical improvements.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.159-185
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• 2011

This paper is intended to discuss the controversial issue of the principles of change circumstances under the legal system of international commercial transactions. The principles of change circumstances, so called clausula rebus sic stantibus is the legal doctrine allowing for treaties to become inapplicable because of a fundamental change of circumstances. It is essentially an "escape clause" that makes an exception to the general rule of pacta sunt servanda (promises must be kept). The practical needs of international transactions differ from the established concepts of national contracts law. The purpose of this paper is to analyze the legal system and theories under the regimes of international commercial transactions such as the CISG, the PICC, and the PECL. Clausula rebus sic stantibus does not apply if the parties to a treaty had contemplated for the occurrence of the changed circumstance. It only relates to the changed circumstances that were never contemplated by the parties. This paper has shown that the hardship provisions in the CISG, PICC, PECL has similarities to each a validity defense and an excuse defense. it was provisions that CISG governs this issue in Article 79, PICC Article 6.2.1, 6.2.2, 6.2.3(in addition to Article 7.1.7), PECL Article 6.111(in addition to 8.108). It is time when we should reconsider its legal system with great interest in order to harmonize with the international standpoint. It will be the turning point of our viepoint under the international commercial transactions.

• Journal of the Korea Institute of Building Construction
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• v.21 no.3
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• pp.213-219
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• 2021

Change orders that occur frequently during the construction phase, af ect the construction performance in terms of cost, time, quality, safety and environment, and place a huge burden for stakeholders of given projects. This study analyzed the causes of change orders and their impact on the basis of 721 cases and a questionnaire of 164 domestic U.S. military construction participants in a total of 24 U.S. military projects. Important factors for change orders in the US military construction projects were engineering change due to design errors (348 cases, 48.3%), user requests change(86 cases, 11.9%), and different site conditions (69 cases, 9.6%). In addition, due to the change orders, construction cost increased by 6.56% on average and construction period was extended by 21.1% compared to the original schedule. As a result, it is anticipated that domestic construction companies can obtain a better understanding of change orders and construction performance, which may be difficult due to accessibility and limitations to military facilities. Also, it is proposed a successor study that guides in the right direction for the U.S. Military Construction.

• Environmental and Resource Economics Review
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• v.14 no.2
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• pp.519-547
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• 2005

The aim of this study is to analysis how economic welfare lost happens within the present korea seasonal and time period electricity pricing system and find out reasonable electricity price system acceptable during the transitional period of korea electricity industry restructuring To analyze economic welfare lost in the electricity industry, in advance seasonal and time periodic 9 demand curves(summer, spring ＆fall, winter/peak-load time, middle-load time, low-load time) and one market supply curve are made and then using these demand and supply curve, seasonal and time periodic market equilibrium prices is calculated. Finally, comparing these market equilibrium prices with present regulated classified seasonal and time periodic prices, the whole economic welfare lost in the electricity industry is calculated. The result of this study shows that in 2002, the total economic welfare lost in electricity industry is 137,770 million Won and under present price system, the worst welfare lost is happening seasonally in spring ＆ fall, time periodically in the middle-load time. Specifically analyzing the characteristics of welfare lost, especially on the industry customers and service customers which are applied in seasonal and time periodic pricing, for the industry customers, the welfare lost calculated in this class occupies 51% of the total welfare lost in the whole electricity industry and the worst welfare lost is happening seasonally in spring ＆ fall, time periodically in the middle-load time. For service customers, the welfare lost calculated in this class occupies 13% of the total welfare lost in the whole electricity industry and the worst welfare lost is happening seasonally in summer, time periodically in the peak time Finally, this study was made based on the year of 2002 and KEPCO has practiced two times of rate change until now. The result of rate change was positively analyzed in the direction of economic welfare improvement(welfare improvement achieved by 16.3% compared to 2002 result).

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.57
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• pp.3-34
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• 2013

In the international sales contract, long-term contracts often face hardship in fulfilling the original contract terms by relevant parties due to rapid change and uncertainty of political and economic circumstance. In this case, party who faces hardship of fulfillment terminates contract or demands adaptation to contract condition but if opponent doesn't accept this, it proceeds to commercial dispute needing legal interpretation. Generally it is wise to set forth governing law in contract between parties in the case of international contract, for legal stability. One of universal governing law which relevant parties select by agreement to solve economical hardship of fulfillment is PICC. PICC defines the hardship in detail for renegotiation on following hardship of fulfillment unexpected. In the case of failing renegotiation, Court(arbitral tribunal) conducts termination to contract or adaptation to contract condition through arbitration or mediation. In conclusion, when signing international long-term contract, it is desirous to handle dispute effectively by inserting provisions which can deal with economical hardship in contract or defining PICC as governing law in the case of hardship incurred. It is because it is realistic to handle dispute smoothly to the extent that both parties can be satisfied in the case of hardship incurred, though international contract should be fulfilled.

• Journal of Arbitration Studies
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• v.8 no.1
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• pp.269-291
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• 1998

Change of circumstances subsequent to formation of international business contract raises two issues on both parties' obligation to perform business transaction concerned. One is impossibility of performance due to events beyond control of parties and the other is adaption of contract. In Anglo-American Law such an impossibility of performance is provided by the doctrine of Frustration and the doctrine of Practicability(UCC 2-615). In practice a "force majeure" clause should be included in contract defining the parties' mutual rights and duties if certain events beyond their control occur to safeguard themselves against possible impossibility. On the other hand the tendency of international trade is that alongside sales contracts, there are contract for supplies, for furnishing raw materials, for building industrial complexes, and transferring technology. One characteristic of these agreements is their duration. For in order to carry out these agreements, it is necessary to complete a series of closely interrelated operations which, in the normal course of events, take place over a number of years. It is often difficult for the parties, when finalizing their contract, to have a full grasp of all of the factors governing their relations. With a view to resolving difficulties such as compromise the continuous performance of a contract, parties may insert a regulatory clause in their contract providing for intervention by a third person after stating in specific and detailed fashion the circumstances in which their contract may be adapted.

• Korean Journal of Construction Engineering and Management
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• v.22 no.3
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• pp.79-90
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• 2021

In domestic public construction, disputes are increasing due to differences among stakeholders regarding contract price adjustment. In particular, the actual cost-plus fee for overhead costs due to the schedule extension cannot be agreed upon at the administrative phase, and most of them seek judicial judgment. Thus, this study aims to propose a 'sufficiently satisfactory' alternative to reach an agreement before disputes in order to minimize disputes related to the calculation of additional overhead costs. To this end, this study proposes three alternatives based on the rate method. Firstly, when calculating additional overhead costs, it is not calculated as an actual cost-plus-fee method, but as a rate compared to direct labor costs among net direct costs. Secondly, the calculated indirect labor costs are compensated for up to the legal maximum of legal limit costs such as general management costs, profits and so on. Thirdly, it reflects overhead costs increased or decreased due to change orders. Risks were analyzed by collecting expert opinions on the proposed methods and applying actual cases. Finally, as a result of investigating the level of consensus for each stakeholder, it was confirmed that all stakeholders could agree regardless of the size of the company. The result of this study is expected to as a useful tool among stakeholders in the construction fields that can be able to easily agreed upon.