• 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.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.36 no.6
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• pp.1153-1160
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• 2016

There have been many studies on the subject of risks in the Construction Industry and many useful results have been produced. However, risk studies on the conditions of contract, which is the most critical contract documents, has not been tried despite of its contractual function in the overseas projects. In this study, various contractual risks are identified for proper and reasonable evaluation of the contractual risks possibly encountered in the Tender and/or Contract stages of the Projects. For development of study, FIDIC Red Book 1999 Edition which is world widely recognised as a standard conditions of contract prepared for the projects designed by the Employer. Contractual risks are divided into three levels and applicable clauses are assigned to each appropriate risk factors. And table of major contractual risk factors are made using the classified levels of each factors with evaluation criteria as a result of this study. As this study is made only for the conditions of contract which is prepared for the construction contracts designed by the Employer, further studies for other types of contracts such as Design-Build (FIDIC Yellow Book), EPC/Turnkey (FIDIC Silver Book) and recently developed Design, Build and Operate type of contract (FIDIC Gold Book) are required to cover various types of projects executed in the world construction markets.

• Construction Engineering and Management
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• v.11 no.4
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• pp.45-50
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• 2010

• 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.

• Journal of the Korea Institute of Building Construction
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• v.10 no.1
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• pp.155-162
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• 2010

Following the successful entry of Korean builders into overseas construction markets, Korean architects have also become active abroad, and have expanded their market share centered on the Southeast Asia and Middle Eastern areas through Design-Build contracts. However, there have also been However, conflict can arise among the project applicants in the contract stage due to the special characteristics of overseas construction. This sometimes leads to the failure of a project. Using statistics and case studies, this study identified problems in the overseas construction market. It analyzed inefficient factors of the architectural design contract phase in the overseas through a survey and an interview of specialists. Based on the results, this study suggested a master architect system, and some resolutions to the problems of organizing an internal evaluation system. It is expected that the results can be used as practical data for companies that want to advance into the overseas market.

• 월간 기계설비
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• s.223
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• pp.75-78
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• 2009

전통적으로 주요 EPC(설계, 구매, 시공) 공사는 최초의 엔지니어링 작업(FEED : Front End Engineering Design)을 한 후, 경쟁입찰을 하여 총액계약(Lamp Sum)으로 공사를 수행했다. 최근에 EPC시공자의 위험부담을 줄이는 한편, 발주자는 경쟁적인 시공자를 확보할 수 있는 기회를 확대하면서 협상기간을 단축하교 조기착공을 위해, Lump Sum 가격을 늦게 결정하는 방법을 고려한다. CLST(Converted Lump Sum Turnkey)계약방식은 최초의 엔지니어링 작업을 한 후 경쟁입찰을 통해 1차 계약을 맺고(설계 및 특별 자재 공급에 대한) 공사를 수행하다 설계가 충분히 진행되고 핵심자재에 대한 견적이 입수되어 발주 가능한 시점 및 하도급사를 선정할 준비가 된 시점에서 1차 계약을 변경해 2차 계약을 맺는다. 2차 계약 시 1차 시 맺은 계약조건(직접공사비, 일반관리비 및 이윤, 최대한도 금액이 포함됨)을 기준으로 하되, 발주자가 Open Book 형식으로 공사비를 평가하고 재협상하여 Lump Sum 금액으로 전환해 합의한다. 이후 Lump Sum Tumkey 계약과 동일한 형식으로 공사를 수행한다.

• Korean Journal of Construction Engineering and Management
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• v.18 no.6
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• pp.109-120
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• 2017

Even though domestic construction companies are expanding into overseas construction markets, the profitability of overseas project are decreasing and finally some biggest domestic construction companies recorded heavy deficit one after another in 2013. Contract management, which is very deeply related to profitability, is the most difficult area to domestic construction companies, especially in Middle East and Asia where they have the highest market share and a high level of contract management is required. The purpose of this study is to assess their contract management competences to help them improve contract management skills and strategies. First, we defined the overseas project contract management process and selected competences from the each process stage. Then, we conducted a survey with overseas project experts. For considering their competences from various angles, we divided survey groups into domestic construction groups and other groups (Contract consultancy agencies and Construction research institutes) to understand the internal and external perspective of the domestic construction companies' contract management competences. The results of survey was analyzed by using paired samples t-test, Borich Needs Assessment Model and Independent t-test. We expected that the results of this study could contributes to establish strategies for enhancing the domestic construction companies' contract management competencies.

• 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.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2007.11a
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• pp.446-449
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• 2007

For the restoration of construction industry, the government have offered the policy since the end of 1990. It has offered to develop the world-class technology and establish the effective production structure. In the government policy, the delivery and contracting method has improved so that construction industry could be recognized. Foreign countries have conducted the R&D and application of Innovative Contracting for improvement of facilities, reduction of LCC and innovation of contractor. Among the Innovative Contracting, 'Performance Warranty Contracting' is defined that A guarantee of the integrity of a product and of the makers responsibility for the replacement or repair of deficiencies. Performance Warranty Contracting is used for technology developments of contractor, improvement of quality, reduction of LCC, prevention of early deficiencies and reduction of owner's inspection works. This paper analyzes concept and effects of Performance Warranty Contracting and presents considerations according to the introduction.

• Korean Journal of Construction Engineering and Management
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• v.20 no.1
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• pp.124-132
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• 2019

Notwithstanding the crucial contribution of international construction industry in the national economy, previous studies on international construction contracts had mainly focused either on trend investigation or market share analysis at a point of time. Fundamentally, the international construction industry is fragmented due to its project-based nature, is heterogeneous that has to involve different firms from diverse fields, and tends to be dynamic according to macroeconomic conditions. Therefore, the combination of static and dynamic analyses is necessary to understand its underlying structure. This study analyzes the market structure of international construction contracts using the data of 9,173 projects awarded by Korean construction firms from 2000 to 2017. Industry-level performance data is analyzed both in static (market concentration) and dynamic (market mobility and instability) methods, and detailed methodology is also provided. Consequently, the static analysis result shows that the competition among Korean construction firms has been more intensified, and the dynamic analysis result indicates that market positions of Korean construction firms are unstable and vulnerable in most of the regions and the sectors. The combination of static and dynamic indices is found to be helpful to understand the underlying aspects of market structure and can be utilized as an effective strategic reference in the highly competitive market.