• Korea Trade Review
• /
• v.45 no.5
• /
• pp.279-301
• /
• 2020

In the absence of any guidance under statutory law, such as the Rules for Construction of Policy, MIA 1906, judges should follow the general principles of interpretation that apply to all contracts. In simple terms, Contra Proferentem Rule means that if the contents of the terms and conditions are ambiguous, they are interpreted against the writer of the terms and conditions. In the Anglo-American Contract Law, the 'default rule' is an important judicial tool that can supplement defects in contract norms and reinforce the principle of private autonomy through gap-filling techniques related to the interpretation of contracts. In Korea, it is sometimes mentioned in case of precedent, and it has been established as a clear rule. This study analyzes the interpretation of terms and conditions is not in the form that the interpretation of other general contracts and other interpretation principles are valid, but contracts based on terms and conditions are also contracts, and as a general rule, the interpretation of terms and conditions is explained like the general contract interpretation.

• Journal of the Korea Institute of Building Construction
• /
• v.3 no.2
• /
• pp.95-102
• /
• 2003

Financial difficulties and claims frequently stop construction works and cause subsequent contract cancellations. However, as the criteria to assess costs have not been established, many cases of legal disputes over the assessment of cancellation costs are taking place and the concerned parties are suffering the loss of time and money. Therefore, the present research aimed at developing a rational and systematic model of cancellation cost assessment following the cancellation of contracts. The research was carried out in the following methods and scopes. 1 ) The research was focused on the assessment of fair cancellation costs from constructors' side for contracts cancelled by any causes for which the owners have liability. 2) To obtain basic materials about cancellation cost assessment methods, contracts, claims, contract cancellations and construction-related laws at home and abroad were examined. 3) A cost assessment model was developed for systematization and efficient operation of cancellation cost assessment, and the reliability and efficiency of the proposed model was verified through a case study. The conclusions drawn from the research are as follows. The importance of the cancellation cost assessment model was confirmed as, using the cancellation cost assessment model, direct cancellation cost and indirect cancellation cost could be assessed systematically, the number of disputable items could be reduced because reasonable evidences of actual spending were presented, and the loss of constructors could be minimized because systematic and rational cost assessment became possible for many disputable cases of indirect cancellation cost, which the constructors had been unable to prove so far though having spent.

• Journal of the Korea Institute of Building Construction
• /
• v.13 no.3
• /
• pp.263-271
• /
• 2013

Change orders have been widespread in both the private and public construction sectors. In particular, in the case of G2B (Government to Business) contracts, adjustment of contract price and/or schedule extension is a frequent occurrence due to change orders. To uncover the causes of change orders and suggest an appropriate strategy, this study analyzed 296 cases of change orders in military facility construction projects from 2008 to 2010. The analysis revealed that the major causes of change orders are users' additional requirements (28.38%), a change of finishing materials (23.99%), and change of footing type (17.57%), in that order. Building on the results of this analysis, the authors suggest plans for practical improvements. Specific recommendations include 1) reflect user requirements at the early stage, 2) minimize the use of additional budget due to change orders, and 3) reduce the process and time for contract amendment, among others. The results of this study may provide significant implications to those involved in military construction projects, particularly project owners (i.e., the Ministry of Defense) and contractors.

• KSCE Journal of Civil and Environmental Engineering Research
• /
• v.30 no.2D
• /
• pp.153-161
• /
• 2010

The city planning of a local government is a continuous process that does not end with the creation of a plan but proceeds through decision-making, monitoring and evaluation phases. As a new city planning is changed and confirmed, there is a chance to construct a large scale road that is connected with an under constructed road. In this case, the expansion of the width and length of road, the addition of bridges or tunnels, and the change of the size and location of interchanges lead to many changes on road design and construction. In the past, the consignment contracts for a road construction have been made in limited numbers and for limited civil works. Now, it is growing in numbers and is making for large scale multi-works. However, the standard process and guidelines for the consignment contracts have not been suggested yet, so there is difficulty in performing the consigned road construction effectively. In this paper, the important factors for the consignment contracts are determined by construction document reviews and expert interviews. Based on these results, a standard process for the consigned contracts and a guideline for agreeing on construction cost are suggested. The costs that should be paid by a consignor are also defined.

• Journal of the Korean Society of Systems Engineering
• /
• v.10 no.2
• /
• pp.59-69
• /
• 2014

In the bidding stage of turn-key based plant construction contracts, owners provide design and performance basis for contractors instead of giving design drawing. To win the bid for a plant construction, the contractors should be obliged to satisfy and ensure owners'requirements such as design and performance basis in a plant construction project, In other words, owners imposes technical risk of the design to the contractors by specifying responsibility for the analysis and verification of the plant construction. Thus, it is very important that contracters make accurate and realistic basic design plan in a short period of time. To deal with such a situation, we propose a systems engineering approach for the analysis and management of the technical risk. Specifically, we first: 1) Analyzes technical risk related with the plant design information for the bidders, followed by 2) Developing stakeholder requirements for the basic engineering design, and 3) System requirements for dealing with technical risk. Also, in this paper, we proposed converting method from MOE(Measure of Effectiveness) to MOP(Measure of Performance) in the risk analysis. To show the effectiveness of the proposed method, we carried out a case study.

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

• International conference on construction engineering and project management
• /
• 2009.05a
• /
• pp.1124-1127
• /
• 2009

With the help of information and technology development since 2000, there have been increasing number of community forums for communications among future residents through on-line webs after the contracts for purchases have been signed. However, more complaints are being filed since the construction companies take less care of them in the nation. Therefore, a mutual communication system is to be proposed in this paper in order to reduce the complaints in advance due to improper communications, to improve the customer satisfaction, to analyze the troubles for communication, and to provide solutions for better mutual communications

• KDI Journal of Economic Policy
• /
• v.43 no.3
• /
• pp.55-77
• /
• 2021

In Korea, local governments and local agencies had to apply a version of the first price auction augmented by an ex-post screening process when they procure construction contracts. However, this first price auction had been criticized because it was felt that too much price competition could lead to poor ex-post performance in construction. In response, the existing auction method was recently replaced by a version of the average price auction with a similar screening process. This paper empirically examines the effectiveness of this reform and finds that the replacement only increases the fiscal burden of local governmental bodies without making any improvement in the ex-post performance.

• International conference on construction engineering and project management
• /
• 2015.10a
• /
• pp.718-719
• /
• 2015

As a recent global trend, the majority of plant projects are delivered through EPC or EPC-turnkey contracts, where a contractor's liability is more complicated because of the mega size scale and financing method. Previous researches have been lacking a practical usability for project members for liabilities of contracts. Those were focused on solving the claims or schedule calculation issues only. The objective of the present study was to develop a validation process for LDs (liquidated damages) in contractor's liabilities with various case studies and expert judgments. As summarized in this paper, the processes and tools were developed with project life cycle process. The project preparation phase includes 3 step check lists to determine the Go or No-go for projects. In progress phase, contractors should focus on the response strategies for claims with liabilities. The study concludes that those developed processes and tools will help to manage risk of LDs for the contractors in the overseas projects.

• MARITIME LAW REVIEW
• /
• v.29 no.2
• /
• pp.115-144
• /
• 2017

The impact of the global financial crisis, which began in the United States in 2007, had a major impact on the domestic shipping and shipbuilding industries. In this regard, the domestic shipyard has established an order-taking strategy in several ways as an alternative to lowering the amount of construction of commercial vessels due to deterioration of the shipping industry, and selected industrial sector was the offshore plant sector. However, the domestic shipyard has under performed the offshore plant in order to just increase sales and secure work without any risk analysis for EPC contracts. As a result, the shipyard has been charged more than the initial contract price with the offshore plant contractor, or the shipyard has become a legal issue requiring payment of liquidated damages due to delays in delivery of the product. The main legal disputes are caused by the thorough risk analysis and the inexperience of process control that can occur during offshore plant construction. and In particular, there is no sufficient review of the unequivocal provisions in the contract as an element of risk management. There is no human resource to review these contractual clauses. Therefore, this study identifies the existence of specific risks that could lead to delays in offshore plant construction, and examined the existence of any unequivocal clauses in contracts for offshore plant construction. and also discussed how the toxic clause applies to the actual parties and how the concrete risk factors in the construction contracts are transferred and expressed by referring to the interviews with the project manager of the domestic shipyard and the previous research. As a result, This paper examined the legal liability of the contracting parties regarding delayed delivery of the products due to the offshore plant construction contract. And to improve the domestic shipbuilding industry.