• Title/Summary/Keyword: Connection Contract

Search Result 64, Processing Time 0.023 seconds

ANALYZING CAUSES OF CHANGE ORDERS IN KOREA ROAD PROJECTS

  • Kang-Wook Lee;Wooyong Jung;Seung Heon Han;Byeong-Heon Yoon
    • International conference on construction engineering and project management
    • /
    • 2009.05a
    • /
    • pp.1283-1287
    • /
    • 2009
  • The Korean government implemented 259 road projects from 2004 to 2007, valued at $18.4 billion. Change orders of these road projects occurred 8,973 times and, subsequently, caused significant increases in the cost of the projects, approximately up to $4.2 billion (22.8% of the initial budget). These significant problems of huge change orders require a more workable control system for budget management whereas the effectiveness of the government's control is still not satisfied. However, previous approaches and studies mostly limited their analyses to simply classifying the causes of the change orders. This paper investigates the real frequency and cost impacts incurred by each cause of a change order, primarily based on 218 road projects in Korea. The paper then identifies the attributes of change orders through a survey of 204 project participants in that those sources were inevitable or avoided if properly managed. The causes of the change orders are further analyzed with analysis of variance (ANOVA) in connection with contract volume, bid award rate, the contractor's capacity to perform, and the design company's capacity. This study found that if the contract volume is smaller, then the possibility of change orders is higher. Interestingly, if the bid award rate is less than 67.5%, it signifies the highest rate of change orders. In addition, the contractors whose construction ability is assessed as the top-ranked group showed the lowest change order rates. With these results, this paper provides the preventive guidelines for reducing the likelihood of change orders.

  • PDF

Determination of Governing Law in International Commercial Arbitration (국제상사중재(國際商事仲裁)에서 준거법(準據法)의 결정(決定))

  • Oh, Won-Suk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.29
    • /
    • pp.39-61
    • /
    • 2006
  • The governing law in international commercial arbitration may be divided into governing arbitration law and governing substantive law. The former governs the parties' arbitration agreement and the conduct of any subsequent arbitration. But the later governs the parties' substantive rights and obligations, which means the law that governs contract formation and performance, and the law to be applied by the arbitrator to the merits of the dispute. The purpose of this paper is to examine how to determine the substantive governing law when there is express choice or implied choice between parties. Moreover this author checked any restrictions on party autonomy and also any possibilities to deviate from the governing law. In case of express choice the sources of the law or rules of law might be the national law of one of the parties, the neutral law, the general principles of law or lex mercatoria according to the arbitration law selected by the arbitral tribunal. Some arbitration laws or rules empower the arbitrator to decide the case ex aequo et bono or to act as amiable compositions. If the governing law could be determined expressly or impliedly by the parties, the arbitral tribunal would make a selection. In this case the criteria for selecting a governing law are not exactly same from country to country. But failing any indication by the parties as to governing law, the arbitral tribunal should apply the rules of law, the law or the law under the rule of conflict that the arbitrators consider applicable, according to the governing arbitration law. Among the connecting factors offered by the conflict rules, (which means the factors that the arbitrators consider applicable), some legal systems give precedence to the formation of the contract, other system to the place of performance of the contract, and others to the closest connection or centre of gravity. But the Rome Convention, which unified the conflict rules of the contracting states, gives precedence to the law of the domicile of the party which has to effect the performance which is characteristic of the contract. Finally this author suggested the Choice of Law Clause which covers governing substantive law and governing arbitration law at the same time. Thus the UNIDROIT Principles as well as any national law may be included as a governing law in international arbitration. So when we make sales or service contract, we should take into consideration of the UNIDROIT Principles as a governing law or a supplement to the governing law.

  • PDF

Intelligent Modelling Techniques Using the Neuro-Fuzzy Logic Control in ATM Traffic Controller (ATM 트랙픽 제어기에서 신경망-퍼지 논리 제어를 이용한 지능형 모델링 기법)

  • 이배호;김광희
    • The Journal of Korean Institute of Communications and Information Sciences
    • /
    • v.25 no.4B
    • /
    • pp.683-691
    • /
    • 2000
  • In this paper, we proposed the cell multiplexer using Hopfield neural network and the bandwidth predictor using the backpropagation neural network in order to make an accurate call setup decision. The cell multiplexer controls heterogeneous traffic and the bandwidth predictor estimates minimum bandwidth which satisfies traffic's QoS and maximizes throughput in network. Also, a novel connection admission controller decides on connection setup using the predicted bandwidth from bandwidth predictor and available bandwidth in networks. And then, we proposed a fuzzy traffic policer, when traffic sources violate the contract, takes an appropriate action and aim proved traffic shaper, which controls burstness which is one of key characteristics in multimedia traffic. We simulated the proposed controller. Simulation results show that the proposed controller outperforms existing controller.

  • PDF

A Cell Scheduling Algorithm based on Multi-Priority in ATM Network (ATM망에서 다중우선순위 기반의 셀 스케줄링 알고리즘)

  • 권재우;구본혁;조태경;최명렬
    • Journal of Korea Multimedia Society
    • /
    • v.4 no.4
    • /
    • pp.339-348
    • /
    • 2001
  • In this paper, a cell scheduling algorithm which can be applied to all of the service class in ATM network is proposed. The proposed algorithm classifies the order of priority in each service class into 4 categories and generates the weight of each class service based on the traffic parameters which are negotiated in connection contract. The proposed algorithm guarantees QoS(Quality of Service) to the traffic which is sensitive to delay carrying out CBR and rt_VBR service. As it effectively manages the connection which has small bandwidth, it minimizes the cell delay in the queue. For verifying the effectiveness of the proposed algorithm the proposed algorithm is simulated with existing cell scheduling algorithm and the result is showed.

  • PDF

A Study on the Legal Explanation and Cases of Remedies for Breach of Contract by the Buyer under CISG (CISG하에서 매수인의 계약위반에 대한 매도인의 구제수단에 관한 고찰 - CISG 제3편 제3장 제3절(제61조 내지 제65조)의 규정해석과 판결례를 중심으로 -)

  • Shim, Chong-Seok
    • International Commerce and Information Review
    • /
    • v.14 no.3
    • /
    • pp.231-251
    • /
    • 2012
  • The remedies available to a seller that has suffered a breach of contract by the buyer are addressed in Section III of Chapter III of Part III. The first provision in the section, 61, catalogues those remedies and authorizes an aggrieved seller to resort to them. The remaining provisions of the section address particular remedies or prerequisites to remedies. The subject matter of the current section remedies for breach of contract by the buyer obviously parallels that of Section III of Chapter II of Part III remedies for breach of contract by the seller. Many individual provisions within these sections form matched pairs. Thus 61, which catalogs the seller's remedies, which catalogs the buyer's remedies. Other provisions in the current section that have analogues in the section on buyer's remedies include 62, seller's right to require buyer's performance 63, seller's right to fix an additional period for buyer to perform and 64, seller right to avoid the contract. As was the case with the provisions on buyers' remedies, the articles governing sellers' remedies operate in conjunction with a variety of provisions outside the current section. Thus the seller's right to require performance by the buyer is subject to the rule in 28 relieving a court from the obligation to order specific performance in circumstances in which it would not do so under its own law. The authorization in 61 for a seller to claim damages for a buyer's breach operates in connection with 74-76, which specify how damages are to be measured. 49, stating when an aggrieved seller can avoid the contract, is part of a network of provisions that address avoidance, including the definition of fundamental breach, the requirement of notice of avoidance, provisions governing avoidance in certain special circumstances, measures of damages available only if the contract has been avoided and the provisions of Section V of Part III, Chapter V on effects of avoidance.

  • PDF

Muscle Function Path Analysis through Muscle Activity Analysis of Human Myofascial Meridians

  • Park, Young Hyun;Hong, Aa Reum;So, Jea Moo
    • Korean Journal of Applied Biomechanics
    • /
    • v.27 no.4
    • /
    • pp.279-285
    • /
    • 2017
  • Objective: The purpose of this study was to perform a muscle function path analysis of muscle function on myofascial meridians. Method: Seven male students (mean age: $22{\pm}3.46years$; mean mass: $72.71{\pm}8.19kg$; mean height: $174{\pm}4.39cm$) without a history of musculoskeletal system symptoms or injuries were recruited for this study. The measurement muscle of the myofascial line was selected along with the muscle presented in "anatomy trains (Thomas W. Myers. 2014)", and the attachment of the surface EMG (Telemyo 2400T G2, USA) pad was determined according to "EMG analysis (Kim Tae Wan et al., 2013)". The subjects underwent maximum volumetric contraction of their fascia line end muscles three times in lying and standing postures and were subjected to the maximum number of contractions of the myofascial line muscle three times in the lying and standing postures. The sampling rate of the EMG signal was set to 1,000 Hz, and the bandwidth was 20 to 350 Hz. The activity of each muscle was quantitated using the Pearson correlation coefficient, and SPSS 22.0 was used for data analysis. Results: In myofascial meridians, a positive correlation in the myofascial connection and a negative correlation in the mechanical connection were observed. Conclusion: Muscles that show significant contract correlations with one another may be expected to be used as an effective clinical marker in muscle strengthening or relaxation therapy, and rehabilitative training. In this study, the correlation of total myofascial meridians may differ without consideration of functional posture. Future studies need to consider these points.

A Study on the Blockchain-Based Access Control Using Random-List in Industrial Control System (산업제어시스템에서 랜덤리스트를 이용한 블록체인 기반 접근제어 방식에 관한 연구)

  • Kang, Myung Joe;Kim, Mi Hui
    • KIPS Transactions on Computer and Communication Systems
    • /
    • v.11 no.5
    • /
    • pp.147-156
    • /
    • 2022
  • Industrial control systems that manage and maintain various industries were mainly operated in closed environment without external connection, but with the recent development of the Internet and the introduction of ICT technology, the access to the industrial control system of external or attackers has become easier. Such incorrect approaches or attacks can undermine the availability, a major attribute of the industrial control system, and violation of availability can cause great damage. In this paper, when issuing commands in an industrial control system, a verification group is formed using a random list to verify and execute commands, and a trust score technique is introduced that applies feedback to the verification group that conducted verification using the command execution result. This technique can reduce overhead generated by random generation in the process of requesting command verification, give flexibility to the verification process, and ensure system availability. For the performance analysis of the system, we measured the time and gas usage when deploying a smart contract, gas usage when verifying a command. As a result, we confirmed that although the proposed system generates a random list compared to the legacy system, there was little difference in the time when it took to deploy smart contract and that the gas used to deploy smart contract increased by about 1.4 times in the process of generating a random list. However, the proposed system does not perform random operations even though the operation of command verification and confidence score technique is performed together during the command verification process, thus it uses about 9% less gas per verification, which ensures availability in the verification process.

On the Security Enhancement of the OTAR Protocol and Cryptosystems (무선 키 갱신 프로토콜 OTAR의 암호 시스템 개선 방안)

  • Lee HoonJae;Lee SangGon;Park Jongwook;Yoon JangHong
    • Journal of Internet Computing and Services
    • /
    • v.6 no.3
    • /
    • pp.31-43
    • /
    • 2005
  • OTAR system is a highly authentic key management system that has functions with access control. data integrity and data confidentiality, In this paper, we analyze the existing TIA/EIA Over-The-Air-Rekeying key managements protocol. focused to symmetric ciphers. It can be used to understand the technical trend on technologies about TIA/EIA OTAR standardization. This results can be used to evaluate security properties of a remote rekeying, The proposed system contains a highly reliable system synchronization.

  • PDF

A Research on the Development of Management Process System of Public Ordering Service Results and Estimation (건설기술용역 실적 관리 프로세스 시스템 개발에 대한 연구)

  • Lee, Kyu-Sung;Lee, Han-kyu;Kim, Nam-Gon
    • Proceedings of the Korean Institute of Building Construction Conference
    • /
    • 2014.05a
    • /
    • pp.168-169
    • /
    • 2014
  • Construction Technology Service is currently hardly managed due to failure to offer standard management system of service performance, company performance, and business evaluation in every Ordering Agencies. After Construction Technology Promotion Act is enforced in May 2014, Ordering Agency obligates them to report to Minister of Land and Transportation within 10 days upon contract/ amendment/ completion. In 2013, in advance to enforcement of this law, performance management system for construction technology service was developed for a test run. However this system only applies to main contractors while management and operation of subcontractors are unavailable that causes problems on connection and integration with Experience Management Trustee. Therefore, this research will establish systematic foundation that enables real-time information of service performance and evaluation of subcontractors to result standardization of performance and evaluation for public ordered services.

  • PDF

Project Learning Enablers within Fragmented Construction Projects

  • Alashwal, Ali Mohammed
    • International conference on construction engineering and project management
    • /
    • 2015.10a
    • /
    • pp.588-592
    • /
    • 2015
  • Many studies have affirmed a negative influence of fragmentation on learning and knowledge sharing in construction projects. However, the literature overlooked enablers of learning within this context. The purpose of this paper is to explore the factors that facilitate project learning and ways to negate any unbecoming effects of fragmentation. Qualitative study used to explore the enablers through interviews administered to 11 top management individuals working in different construction projects in Malaysia. The findings revealed the following factors: participation, relationships, togetherness, and roles of project leader and coordinator. The role of boundary objects was also highlighted including information technology (IT), contract and procedures, drawings, specifications, and reports. The outcome of this paper initiates the development of a model for better knowledge creation and sharing in construction projects. The significance of this model stems from its ability to connection both the characteristics of construction project and project learning theories using the enablers. It is envisaged that future work will be to confirm the model in a quantitative study.

  • PDF