• Title/Summary/Keyword: Claim of Time Extension

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A Study on the Identification between Shipowner and Charterer to Sue for the Liability of Transportation -Focused on English and Canadian Common Law-

  • Jung, Sung-Hoon
    • International Commerce and Information Review
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    • v.8 no.4
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    • pp.147-156
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    • 2006
  • In all cargo cases one of the first things the person handling the claim must do is decide who is potentially liable as a carrier of the goods. This issue arises because bills of lading often do not identify the carrier. The "carrier" could be the shipowner or the charterer or both. The issue of the identity of the "carrier" is a question of fact. The question to ask in each case is who undertook or agreed to carry and deliver the goods. The answer to this question will largely depend on the facts. The shipowner is almost always liable as a carrier under Common law provided there is no demise charter of the ship. The more recent case law, however, suggests that in the usual situation both the charterer and shipowner will be liable. Accordingly, both the owner and charterer should be put on notice of any claim and, in the event an extension of suit time is required, the extension should be obtained from both. An alternative method by which the charterer can avoid liability is to insert and 'Identity of Carrier' clause in the bill of lading.

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Study on introduction of 'Pre-Agreement system for Additional Incidental Cost' related to construction time extension (공사기간 연장에 따른 추가간접비 사전합의 제도 도입 방안 연구)

  • Jeong, Ki-Chang;Lee, Jae-Seob;Park, Yang-Ho
    • Korean Journal of Construction Engineering and Management
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    • v.13 no.6
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    • pp.33-44
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    • 2012
  • This study is as to payment improvement method of additional incidental cost to be occurred upon extension of public construction time. According to the result of analysis about the cause of non-payment of additional incidental cost of construction time extension through site examples, it was found that difficulties exist in disputes & proofing over the scope of actual cost recognition, and in this regard the result of experts opinion indicated that a construction extension pre-agreement system can be executed which agrees the scope of recognition of additional incidental cost of construction time extension once the statistical standard is clear and accurate. Accordingly, in this study, by totalling multiple sites data, calculations were implemented in terms of type of construction projects, amount of constructions, period of constructions. According to the result of calculation, the element of type of construction project and construction period appears to have none direct effect to the occurrence of additional cost of construction time extension, but direct relationship was indicated related to the contract amount element. In view of above, in this study a standard additional incidental cost of construction time extension was proposed, and presented a system improvement plan to implement the construction extension pre-agreement system.

A Study on Substantiation Methodology for Extension of Time in International Mega-Project Claims (해외 대형건설공사 공기지연클레임의 공기연장기간 입증방법)

  • Kim, Young-jae;Kim, Tae-kyoung;Jo, Duk-sang;Lee, Hwang-ku
    • Korean Journal of Construction Engineering and Management
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    • v.16 no.3
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    • pp.165-176
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    • 2015
  • Recently many Korean large-sized construction companies as well as specialty contractors have been expanding their business in the overseas market to mitigate impacts from long-term stagnation in the domestic market. Such as a result, it has been arisen as a major issue that contractors effectively manage the delays which have been commonly faced with in international mega-projects. Therefore it can be said that the ability of the delays management leads a success of project. This paper presents a review of literature for delay analysis methods such as time impact analysis(TIA) and raises practical problems to rationally substantiate the duration of extension of time(EoT) in international mega projects which have wide scope of works as well as complicated and detailed contract baseline programs by taking theoretical approaches. We suggest the two improvement concepts to substantiate the EoT claims which are effectively applicable to practical projects. The first is to sort out dominant delays among numerous delays in advance of applying a delay analysis. The second is to set up the delay sections with the advanced concept for analysing delays' effects by TIA. This study performed a case study on an actual international mega-project. to confirm the effectiveness of improvement concepts that this practical approach is applicable for the assessment of EoT. In conclusion, this paper supposes to provide practitioner in charge for an EoT claim with an advanced substantiation methodogy when they not only analyse the construction delays by using TIA, but also negotiate with stakeholders about with the assessment of EoT.

An Administration Model for Causation of the Schedule Delays in Construction Projects (건설공사 공기연장사유 관리모델)

  • Kim, Jong-Han;Kim, Kyung-Rai
    • Korean Journal of Construction Engineering and Management
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    • v.8 no.3
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    • pp.125-133
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    • 2007
  • If project time extension were required in the construction projects, either liquidated damages or extension costs should be applied according to causation of the schedule delays. However, in actual cases it is not applied so far according to the contract conditions. The reason why this situation happened Is that function of the present planning and scheduling is not working feasibly. The CPM schedule could not provide a proper solution for apportioning responsibility for the schedule delays. This situation could be considered as breach of contract and will cause potential disputes for schedule delay. Therefore, in this research process based contract administration model for construction delay claim is proposed to prevent schedule delay and solve the claims. The model is based on pro-active management for causation of delay to provide apportionment of responsibility and written evidences.

The Study on the Analysis of Factors Decreasing Construction Labor-Productivity Using AHP Method (AHP기법을 이용한 건설노동생산성 저하요인 분석에 관한 연구)

  • Pyo Young-Min;Bae Soo-Yong;Ryu Hyoung-Han;Lee Sang-Beom
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2005.05a
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    • pp.141-147
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    • 2005
  • Usually, processing whole project or a part of frame work delays due to acceleration, changing orders, management, characters of project. overtime, worker crowding, early occupation in the field of construction. Through a whole project, these factors cause decreasing construction labor-productivity which is the most dependent in business of construction. These kind of decreasing of construction labor-productivity cause many negative effects, just as extension of time, increasing cost in project of construction. Regardless of characters of construction or decreasing labor-productivity, extension of time is a incident which needs acceleration, also it cause a high possibility of claim and dispute. The productivity has just a broad meaning in business of construction. That's why it's difficult to apply in the field of construction. Especially, factors increasing or decreasing labor-productivity is defined by analysis of working as qualitative and outlined evaluation. However, study of the each factor decreasing construction labor-productivity analysis has not researched, because of difficulty of systematic measurement and management. The existed studies about management of productivity are just focused on estimation of productivity, not on evaluation of productivity. It was true that I couldn't examine clearly about the analysis of how much important per each the factor which have influence on labor-productivity because of the characteristic as qualitative that the labor productivity have On this study, i tried to get the factors decreasing of labor- productivity with gathering opinions of panels of expert's studies about the factors decreasing of labor-productivity on project of construction through Delphi method and i evaluated the result factors as quantitatively and subjectively about importance of factors decreasing construction labor-productivity Analysis, using AHP Method by Saaty. Also, using Delphi and AHP method, 1 suggest substantiated method qualitative factors are measured by quantitative criteria.

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Analysis of Delay Causation by Characteristics of Construction Projects (건설사업 특성에 따른 공기연장사유 분석)

  • Kim, Jong-Han;Kim, Kyung-Rai
    • Korean Journal of Construction Engineering and Management
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    • v.8 no.1 s.35
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    • pp.78-86
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    • 2007
  • Top priority to manage construction projects is given to the planning and scheduling in order to keep the project duration, which is one of the most important factors in construction management. However, recently most of public construction projects especially for civil projects are delays and preventive research, many efforts were made concerning construction delays and preventive management methods. But analysis of delay causation, which is a main key to solve the problems is not done, yet. Therefore, in this research causation delays are analyzed by characteristics of construction projects, which are type of projects, type of contracts, project participants, and general condition. As a result of the analysis, delay causation are proved to be different by characteristics of the projects. The research results will be used for prevention of time extension and dispute resolution.

The investigation of the degree of the request of the education about the claim for the medical expenses in the dentistry health insurance - mainly in the Daejeon, Chungcheong area - (치과건강보험 요양급여비용 청구에 관한 교육요구도 조사 -대전·충청지역을 중심으로-)

  • Nam, Yong-Ok;Kim, Sung-Hee;Kim, Min-Ja
    • Journal of Korean society of Dental Hygiene
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    • v.11 no.3
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    • pp.325-341
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    • 2011
  • Objectives : This research has investigated the reality of the education of the claim and the degree of the education for the claimed of the dentistry recuperation organization in the Daejeon and Chuncheong are for the improvement of the problem in the medical expenses. Methods : It use as a basic data for the vitalizations of the education and performed the survey in the dentistry recuperation organization in the Daejeon and ChungCheong Nam BukDo which are registered in the evaluating organization for judging the health insurance in the present May 2010, and concluded just like the below. Results : 1. The education of the claim in the requirer in the dentistry recuperation organization, and the education of the claim was especially lacking when the dentist was studying in the university, and the dental hygienist had the similar educational experience in the school and the clinic (p<0.05) 2. Most of the requirer in the dental recuperation organization was hoping to get the education related to the claim work, but the dentist and the nurse's aid was relatively low (p<0.05) 3. For fixing the error of the claim, the participation and the extension of the judging standard of the insurance was the highest among the university subordinate dental hospital/dental hospital, but the health center was relatively low (p<0.05). 4. The dentist feels the economic burden in employing the special employee because the raising of the special judging people, compared to others, but the staffs such as the dental hygienist preferred it as one of ways to fix the error of the claim of the dental insurance (p<0.05) 5. Both dentists and the dental hygienist said proper time to teach the insurance was all needed in the school, and the clinic, but other workers relatively believed it should be held in the clinic (p<0.05). 6. The important factors to decide the participation of the lecture was in order of the contents of the lecture, the place of the lecture, the amount for the lecture, the superintendent of the lecture, whether it has gone through the educational score, and whether it has passed the conserving educational score was relatively less important in the university subordinate dentist/dentist, but the medical center was very effective as 4.50 (p<0.05) 7. Health Insurance Review and assessment service was very high as the managing department for supplying the lecture and the information, 70.5%, and the next was the Korean Dental Association/ Korean dental hygiene association, but dentists were preferring the association to manage in than the Health Insurance Review and assessment service to manage (p<0.05) 8. In preferring lecture for the inquiring the insurance, periodontal surgery was the highest as 4.51, the diagnosis standard for injection was high in the university subordinate hospital/dentists, and the more the year of the insurance inquiry, the less the doctor who was hoping for the lecture about the basic treatment. Conclusions : Taken together, it is decided that the inquiry education about the medical expense in the dentist, so the consistent and systematic education should be held to the related people, and from this, it is thought to reduce the problem of the inquiry of the medical expenses by fostering the knowledge and supplying the information which are related to the inquiry of the dentists.

Studies on Post Contract Schedule Analysis (준공현장의 분쟁해결방안으로서의 사후적 공정분석에 관한 연구)

  • KIHYUK, KO;SUNGPIL, PARK;YONGKIL, KIM
    • Journal of Arbitration Studies
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    • v.32 no.4
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    • pp.103-141
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    • 2022
  • Traditionally, schedule analysis in Korea has been used, mainly through the Critical Path Method, to evaluate the claim for extension of time and/or the amount of liquidated damages for delay. Critical path method, however, cannot identify the delay event and its impact occurred in non-critical path especially in multi facility projects. In multi facility projects that comprise several independent but related facilities or structures, each facility has its own facility critical path the duration of which will be impacted by facility specific critical delays. Thus, only through the non-critical delay analysis along with the critical delay analysis damages not attributable to contractors may be remedied in full. Because all the records and pictures can reveal what has actually happened in post contract review, only the retrospective analysis rather than the prospective analysis based on the assumptions can establish the cause and allocate the each parties' responsibilities appropriately.

Usefulness of Stomach Extension after Drinking Orange Juice in PET/CT Whole Body Scan (PET/CT 전신 영상에서 오렌지 주스(Orange Juice)를 이용한 위장 확장 영상의 유용성)

  • Cho, Seok-Won;Chung, Seok;Oh, Shin-Hyun;Park, Hoon-Hee;Kim, Jae-Sam;Lee, Chang-Ho
    • The Korean Journal of Nuclear Medicine Technology
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    • v.13 no.1
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    • pp.86-92
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    • 2009
  • Purpose: The PET/CT has a clear distinction on the lesion of the functional image by adding anatomical information. It also could reduce the examination time using CT data as the attenuation-correction. When the stomach was contracted from a fast, it could bring a misinterpretation of the cancer of the lesion with a presence of physiological $^{18}F$-FDG uptake in stomach and it occasionally would bring an additional scan to confirm. To complement this shortcoming, the method that the patients had water before the examination to extend the stomach had been attempted. However, a short excretion time of the stomach did not give sufficiently extended image of the stomach. Then the patients had additional water and had the examination again. Therefore, the noticed fact is that the stomach excretion time depends on calories, protein content, and the level of carbohydrate. In this study, we use an orange juice to evaluate the extension of the stomach and usefulness of it. Materials and Methods: PET/CT scan were obtained on total 150 of patient from February 2008 to October2008, There were 3 groups in this study and each group had 50 patients. First group drank nothing, Second group drank water and third group drank orange juice. The patients (man 25, female 25) not drinking are the age of 30~71 years old (average: 54), the patients (man: 25, female: 25) drinking water (400 cc) are the age of 28~71 years old (average: 54) and the patients (man: 25, female: 25) drinking orange juice (400 cc) are the age of 32~74 years old (average: 56). The patients were fasted in 6-8 hours before the test, the patients were not diabetic. $^{18}F$-FDG 370~555 MBq were injected intravenously. The patients were in stable position for 1 hour, than the image was obtained. The patients drank water and other patients drank orange juice before Whole body scan. The image scan started from mid-femur to skull base. The emission scan acquired for three minutes per bed and the images were reconstructed. Stomach extension analysis is measured from vertical and horizontal length. Results: Stomach Extension was described as the vertical length of the Non Drink Group was $1.20{\pm}0.50\;cm$, horizontal length was $1.4{\pm}0.53\;cm$, the vertical length of the Water Drink Group was $1.67{\pm}0.63\;cm$, horizontal length was $1.65{\pm}0.77\;cm$, the vertical length of Orange juice Drink Group was $3.48{\pm}0.77\;cm$, horizontal length was $3.66{\pm}0.77\;cm$ in coronal image. Stomach Extension was described the vertical length of the Non Drink Group was $2.03{\pm}0.62\;cm$, horizontal length was $1.69{\pm}0.68\;cm$, the vertical length of Water Drink Group was $5.34{\pm}1.62\;cm$, horizontal length was $2.45{\pm}0.72\;cm$, the vertical length of Orange juice Drink Group was $7.74{\pm}1.62\;cm$, horizontal length was $3.57{\pm}0.77\;cm$ in transverse image. The Stomach Extension has specific differences (p<0.001). The SUVs shows the Non Drink Group were measured as Liver $2.52{\pm}0.42$, Lung $0.51{\pm}0.14$, the Water Drink Group were measured as Liver $2.47{\pm}0.38$, Lung $0.50{\pm}0.14$, Orange juice Drink Group were measured as Liver $2.47{\pm}0.38$, Lung $0.50{\pm}0.14$. The SUVs did not have specific differences (p>0.759). Conclusions: There was not a large difference of SUV in three groups. When the patients drank Orange juice and water, the range extension of stomach was higher than without drinking nothing and it was possible to acquire fully extended images. Therefore, it will be possible that unnecessary additional stomach scans will be reduced by drinking orange juice before the examination so that the patients' claim from uncomfortable and long period of fast will be minimized.

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An Evaluative Analysis of the Referral System for Insurance Patients (보험진료체계 개편의 효과에 대한 연구)

  • Han, Dal-Sun;Kim, Byungy-Ik;Lee, Young-Jo;Bae, Sang-Soo;Kwon, Soon-Ho
    • Journal of Preventive Medicine and Public Health
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    • v.24 no.4 s.36
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    • pp.485-495
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    • 1991
  • This study examined the effects of referral requirements for insurance patients which have been enforced since July 1, 1989 when medical insurance coverage was extended to the whole population except beneficiaries of medical assistance program. The requirements are mainly aimed at discouraging the use of tertiary care hospitals by imposing restrictions on the patient's choice of a medical service facility. The expectation is that such change in the pattern of medical care utilization would produce several desirable effects including increased efficiency in patient care and balanced development of various types of medical service facilities. In this study, these effects were assessed by the change in the number of out-patient visits and bed-days per illness episode and the share of each type of facility in the volume of services and the amount of expenditures after the implementation of the new referral system. The data for analysis were obtained from the claims to the insurance for government and school employees. The sample was drawn from the claims for the patients treated during the first six months of 1989, prior to the enforcement of referral requirements, and those of the patients treated during the first six months of 1990, after the enforcement. The 1989 sample included 299,824 claims (3.6% of total) and the 1990 sample included 332,131 (3.7% of total). The data were processed to make the unit of analysis an illness episode instead of an insurance claim. The facilities and types of care utilized for a given illness episode are defined to make up the pathway of medical care utilization. This pathway was conceived of as a Markov Chain process for further analysis. The conclusion emerged from the analysis is that the enforcement of referral requirements resulted in less use of tertiary care hospitals, and thereby decreased the volume of services and the amount of insurance expenses per illness episode. However, there are a few points that have to be taken into account in relation to the conclusion. The new referral system is likely to increase the use of medical services not covered by insurance, so that its impact on national health expenditures would be different from that on insurance expenditures. The extension of insurance coverage must have inereased patient load for all types of medical service organizations, and this increase may be partly responsible for producing the effects attributed to the new referral system. For example, excessive patient load for tertiary care hospitals may lead to the transfer of their patients to other types of facilities. Another point is that the data for this study correspond to very early phase of the new system. But both patients and medical care providers would adapt themselves to the new system to avoid or overcome its disadvantages for them, so as that its effects could change over time. Therefore, it is still necessary to closely monitor the impact of the referral requirements.

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