• 월간 기계설비
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• s.289
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• pp.72-74
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• 2014

대한설비건설협회는 해외건설 현장의 불공정 하도급거래 관행을 개선코자 제18대 대통령직 인수위원회 및 국토교통부, 공정거래위원회 등 관련 부처에 해외건설업 표준하도급계약서 제정을 건의해 왔다. 특히 Back to Back 원칙(발주자와 원도급자간 계약내용을 하도급계약에 적용)에 따른 하도급 대가 유보행위와 계약금액조정 불인정 등 각종 불공정한 하도급계약 조건으로 인한 회원사의 피해를 방지할 수 있는 해외건설업 표준하도급계약서 제정을 추진했다. 그 결과 국토교통부와 공정거래위원회가 공동으로 우리협회 의견이 반영된 '해외건설업 표준하도급계약서'를 제정하고 지난 7월 3일부터 시행에 들어갔다.

• 월간 기계설비
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• s.295
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• pp.88-89
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• 2015

공정거래위원회는 상생협력 문화 확산을 위해 지난 1월 1일 "대 중소기업 공정거래 및 동반성장 협약 절차 지원등에 관한 기준"을 개정했다. 개정된 이 기준은 공정거래질서 확립을 위해 해외건설현장에서 이뤄지는 국내 업체와의 하도급계약에도 표준하도급계약서 사용을 적용토록 했으며, 표준하도급계약서 항목 배점도 확대했다. 또한 현금성결제율 제고 및 대금지급기일 단축 등 하도급대금지급조건 관련 항목 배점도 상향 조정해 하도급대금지금 여건을 개선했다.

• Korean Journal of Construction Engineering and Management
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• v.6 no.1 s.23
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• pp.186-194
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• 2005

The purpose of this study is to examine the problems of the regulations regarding the modification of subcontact price. It also suggests several measures to improve the regulations related to the subcontact price adjustment which help to reduce unnecessary claims and commercial disputes. The literature research, structure and context analysis on the subcontract regulation and survey are adopted as basic research methods. The primary findings of this study are summarized as the following: (1) A provision outlining necessary procedures that an owner and a contractor should notify a subcontract or the adjustment of contact price needs to be made. (2) A provision allowing procedures that subcontactor could make the alteration of subcontract agreement and adjustment of subcontact price needs to be made. (3) The terminology like a unit cost and the rate of contact price needs to be clearly defined in order to improve the criterions of the subcontact price adjustment. (4) The criterions and additional expenses that the contractors ate responsible far need to be defined.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.42 no.3
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• pp.439-448
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• 2022

Recently, domestic small and medium-sized subcontractors participating in the overseas construction market are suffering from the continuous loss and damage due to the insufficient recognition of the importance of risk Sub-Clauses among conditions of subcontracts. Therefore, the need to derive risk Sub-Clauses for conditions of the subcontract has been raised, but until now, previous studies have been conducted focusing on deriving risk Sub-Clauses for standard conditions of contract for construction between the Employer and the Contractor. In this study, 52 risk Sub-Clauses were derived on the basis of the influence size of the Sub-Clauses through the Delphi technique targeting 94 Sub-Clauses of conditions of standard subcontract for construction edition 2011, issued by the International Federation of Consulting Engineers (FIDIC) and In addition, 33 key risk Sub-Clauses were finally derived through the PI Risk Matrix by Probability and Impact. The results of this study provide will useful information on key risk Sub-Clauses that need to be reviewed in advance to minimize contractual risks at the stage of bidding and signing contracts for overseas subcontract construction projects.

• Korean Journal of Construction Engineering and Management
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• v.18 no.2
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• pp.71-80
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• 2017

In recent years, the reduction of international award and project loss by Korean contractors have become a big issue not only in industry but also in academic fields. However, many researches have not focused on small and medium subcontractors but on the large contractors, even though the number of international project by small and medium companies is more than by large companies. Therefore, this study focuses on analyzing the predicted risk before bid and the actual risk after award in international subcontracting projects. In addition, it provides the difference between project performances according to the contract types and the project profitability. This study is expected to give more informed risk knowledge to small and medium subcontractors, which enables them to pay attention to managing risk for better project performances.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2004.11a
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• pp.340-343
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• 2004

The purposes of this study is to survey unfair aspect of specific provisions in the construction contract. The research method of this stud)'includes judicial precedents and a questionnaier survey. The result of thus study are as follows: 1) unfair payment condition gives increase to faulty construction. 2) shift of the responsibility gives increase to delay, 3) adjusted contract sum gives increase inappropriate compensation to contractor.