• Title/Summary/Keyword: General Conditions of Contract

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A Study on Recoverability of Opportunity Profits Loss upon Time-Delay in Construction Contract (건설공사의 공기지연과 기회이익의 손실보전에 관한 연구)

  • Chun Jae-Youl;Lee Kyung-Kook
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.359-364
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    • 2003
  • The loss of potential opportunity profit which is consisting in the partial markups of the corporation would taking placed in related with the time-delay deeply, has customarily disregarded in contract adjustment under the principles of denial of cost accounting method, declined conjecture in the point of benefits and protection of the law in scope of compensation and the restricted conditions of constant contract. It is being resulted from that the policies of the general principles of accounting standards which is subjected to ask an objective data and evidence, and the denial system as a debt derived from imperfect legal theory applied by current law. Therefore, it is necessitated to find if any irrationality in the positive system is and further to draw an improved reasonable measures to adopt by review of constant system preparing tile reasonableness with the method of suitable quantification devices provided that any time-delay is induced by the party.

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Risk Assessment Model for the Delay Protocol in the Conditions of Contract of International Construction Projects (해외 건설공사 공기지연사건의 합리적 대응을 위한 계약조건 리스크 평가 방법)

  • Lee, Hwangku;Shin, Dongwoo;Kim, Kyungrai;Cha, Heesung;Kim, Youngjae
    • Korean Journal of Construction Engineering and Management
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    • v.18 no.6
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    • pp.65-77
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    • 2017
  • Recently, many Korean major construction companies are suffering from profit loss mainly due to a direct impact from delays in their overseas projects. In general, changes are inevitable in a large-scale project, and most of changes are directly linked to construction delay. Therefore, in the event that an extension of time is necessary due to a change, the contractor must manage the delay based on the condition of the contract to effectively manage risks from delay to the completion date. Thus it is important to understand delay protocol defined in the condition of the contract early in the project, but there have been few or no study to propose methodology or tool to support this effort. This paper presents a review on the project planning and controling practices of major Korean construction companies along with the issues on delay claims and disputes in mega-international projects and suggests a tool to assess delay risk in the condition of the contract. To propose a delay risk assessment model for international construction projects, major standard conditions of contract have been reviewed including FIDIC Red Book(1999), PSSCOC(2014) and SIA 9th Edition(2010). To reflect recent trend of major international owners, standard conditions which they are utilizing for their projects also have been reviewed including those of ARAMCO and QP. The model provides a categories of risks to be reviewed on the condition of the contract along with standard level of the risk which is common in the international standard form of the contracts. This study also performed a case study on an actual international project to confirm the effectiveness of proposed model to identify and respond to a delay risk of a project.

Model Calculation of Total Radiances for KOMPSAT-2 MSC (다목적실용위성 2호 MSC 총복사량의 모델 계산)

  • 김용승;강치호
    • Korean Journal of Remote Sensing
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    • v.17 no.3
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    • pp.211-218
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    • 2001
  • We have performed the calculation of total radiances for the KOMPSAT-2 Multispectral Camera (MSC) using a radiative transfer model of MODTRAN and examined its results. To simulate four seasonal conditions in the model calculation, we used model atmospheres of mid-latitude winter and summer for calculations of January 15 and July 15, and US standard for April 15 and October 15, respectively. Orbital parameters of KOMPSAT-2 and the seasonal solar zenith angles were taken into account. We assumed that the meteorological range is the tropospheric aerosol extinction of 50 km and surface albedo is the global average of clear-sky albedo of 0.135. MSC contract values are found to be considerably greater in the MSC spectral range than the total radiances calculated with the above general conditions. It is also shown that the spectral behavior of model results with the constant surface albedo differs from the pattern of MSC contract values. From these results, it can be inferred that the forthcoming MSC images would be somewhat dark.

A STUDY OF SHOULDERING OF COMPENSATORY LIABILITY FOR DELAYED CONSTRUCTION FERIODS FOLLOWING BAD WEATHER CONDITIONS

  • Tae-Sang Jeong ; Yong-Su Kim
    • International conference on construction engineering and project management
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    • 2005.10a
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    • pp.705-708
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    • 2005
  • In the case that construcion period is delayed because of the force majeure such as a typhoon or a flood, the owners in general should compensate the damages caused by those. But with exception the weather worsening of ordinary level is paid by contractors, while that of exceptional level by the owners. It is critical that it is difficult to distinguish objectively between ordinary and exceptional level weather worsening. Although the term of "ordinary" itself is too abstractive, we can reduce the disputes between owners and contractors by setting the appropriate and objective standard of distinction. For example in the case of rainfall it may be the standard of distinction whether the days of actual rainfall exceed those of average rainfall or not. If the days of actual rainfall don't exceed those of average rainfall contracters should pay the damages because it is distinguished with a ordinary level weather worsening. Besides the standard of distinction in another weather worsening such as severe cold/hot, strong wind etc. which have a effect on delaying the term of works could be settled as a similar model.

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Characteristics and Health Status of Outdoor Workers Exposed to High Temperature (우리나라 고온 노출 야외작업자의 특성과 건강수준)

  • Lee, Bokim
    • Korean Journal of Occupational Health Nursing
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    • v.31 no.2
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    • pp.95-103
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    • 2022
  • Purpose: This study aims to identify general, workplace, and health-related characteristics of outdoor workers exposed to high temperatures, and to compare the risk of disease according to outdoor high temperature exposure. Methods: This secondary analysis study used the 5th Korean Working Conditions Survey (2017) to identify 4,915 outdoor workers exposed to high temperatures. Results: Outdoor workers exposed to high temperatures were mostly male, elderly, less educated, and daily contract workers. Most of them were engaged in agriculture, forestry and fishing, and construction industries. About 40~50% of them complained of musculoskeletal pain and overall fatigue. The results showed that high temperature exposure increased the risk of illness (hearing problem, skin problem, backache, muscular pains in upper and lower limbs, headache/eyestrain, injuries, depression, and overall fatigue) among workers. Conclusion: High temperature exposure might increase the risk of illness among workers. The results of this study demonstrated that the outdoor workers should be protected from high temperatures.

A Study on Comparative Analysis of Power Consumption Characteristics and the revulsion of investment on the application of a BESS in Subway Substation (도시철도 변전소 단위구간의 전력사용 실태 및 피크제어용 BESS 도입에 따른 경제성 분석)

  • Jung, Hyun-Ki;Kim, Se-Dong;Kim, Jae-Chul
    • Journal of the Korean Institute of Illuminating and Electrical Installation Engineers
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    • v.28 no.6
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    • pp.85-90
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    • 2014
  • This paper shows a reasonable demand power, that was made by the systematic and statistical way considering actual conditions, such as investigated transformer capacity and peak power for the last 6 years of subway substation customer as to AMR. In this dissertation, it is necessary to analyze the key features and general trend from the investigated data. It made an analysis of the feature parameters, such as average, standard deviation, median, maximum, minimum and thus it was carried by the linear and nonlinear regression analysis. And we studied on the application of a BESS. Analysis showed that the revulsion of capital is about 3 years and 4 months.

An Optimization Model for Concurring Landscape Detailed Design with Final Products (조경공사의 설계와 시공일치를 위한 최적 모형)

  • 이용훈;이기의;서옥하
    • Journal of the Korean Institute of Landscape Architecture
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    • v.28 no.4
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    • pp.105-116
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    • 2000
  • The purpose of this paper is to minimize differences between landscape detailed design (hereafter 'design') and final landscape construction products in working sites (hereafter 'products'). Ten landscape sites constructed in recent two years were selected to examine the differences. Differences in quantities and quality between design and products were surveyed and the results were analyzed with the 'differential analysis method'. The method employed in this paper can be used as an optimization model to minimize the differences between design and products. This paper suggests that every landscape field should mark less than 13.672% calculated from the 10% of total amount for excellent construction products. This should be approved by the president, according to the Clause 20 of General Conditions of the Contract, divided by the ratio of quantities affecting mainly he average Difference in Value between Design and Construction(DVDC). This value can be the critical point from the differential analysis method for the optimal maximum DVDC between landscape design and final landscape construction products in fields.

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우리나라 S/W 벤처기업의 경영현황

  • 한계섭;손성호
    • Proceedings of the Korea Association of Information Systems Conference
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    • 2000.11a
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    • pp.26-31
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    • 2000
  • It is said that the focus of managing venture business is currently moving from technology competition to management competition. By the way, the software venture business(SVB) has some weak points in its structural composition and itematization and no professional personnel in other several sections except technology development section. In addition, such basic functions as technology and R & D, finance and accounting, marketing required to the management of business are concentrated on only one man, its representative director. Therefore, this study aims to provide the basic data useful to the establishment of governmental policy in information and communication, to the rearing of the SVB by a local government related to the software, and to the administration of SVB by investigating the actual conditions. This study attempts to examine the literature on venture business and software industry, and its management with a questionnaire about the actual conditions of managing the SVB. The questionnaire is given to 527 local enterprises belonging to the Software Industry Association and to 171 enterprises in the Software Center. This study compromises the characteristics of the SVB, the actual conditions of its technology and R & D, finance and accounting, and marketing. The characteristics of the SVB are classified into categories such as the stage of its growth(the stage of its seed and start-up, the stage of tis development and growth, the stage of its stability and maturity) and the main business(the system integration, the software development for contract, the package software development service, the software-related service). Additionally, the study attempts to analyze positively the actual condition of its management after classified by the areas of business profile, its general management, its technology development, its finance and accounting, and its marketing The result of this study is found that the SVB has a lot of troubles in part of marketing and finance & accounting activity as well as general management. The SVB realizes the importance of the technology development rather than that of management activity including marketing activity. So we expect this study can assist the SVB to establish the business guidelines for own management plans.

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Benchmarking Research Based on Contract Documents for Successful ADR Implementation to Domestic Construction Industry (ADR 활성화를 위한 건설 계약서의 해외 사례 벤치마킹 연구)

  • Choi Jeong-Won;Kim Sang-Bum
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2004.11a
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    • pp.629-633
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    • 2004
  • The number of claims and disputes among project participants has been steadily increasing last a few years and it creates numerous conflicts and problems in the domestic construction industry. One of the root causes of claims and disputes can be explained by the fact that project objectives of participants are offer different and not aligned. This research is considered as a pre-study of developing a strategy to mitigate conflicts such as claims and disputes in the domestic construction industry by utilizing Alternative Dispute Resolution (ADR) techniques. This research focused on improving standard contrast documents to establish a systematic dispute resolution process which emphasize the ADR method. To do so, several well-recognized contract documents developed by FIDIC, AIA, ECC were throughly investigated and analyzed using a benchmarking process. Result of the research propose needs of improving the domestic construction document's some clauses and the details will be further Investigated through surveys and expert's opinions.

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A Study on the Liabilities of Wrongful Dishonor of the Issuing Bank in UCC (미국 UCC상 신용장 발행은행의 부당한 지급불이행의 책임에 관한 연구)

  • Bae, Jung-Han
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.22
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    • pp.71-106
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    • 2004
  • Todays, L/C transactions in international trade are governed by UCP 500 and eUCP. But UCP 500 and eUCP do not cover all legal problem of L/C transactions. Therefore choice of laws in international L/C transactions are occurred. U.S.A. has an enacted law (UCC ${\S}5-Letter$ of Credit) to govern L/C transaction. But other countries has no special enacted law to govern L/C transaction. The reason is that there are difference between legal attitude of U.S.A. and other countries. American law considers L/C as a special device made by merchants. Therefore U.S.A. applies UCC ${\S}5-Letter$ of Credit instead of general contract law. UCC ${\S}5-Letter$ of Credit includes provisions of warranties, remedies, and so on that UCP 500 and eUCP do not include. But the liabilities of the Issuing Bank on the wrongful dishonor in L/C transaction is very important legal problem. First, this study is to justify concepts of honor and dishonor, and sufficient conditions for dishonor of the issuing bank. in UCC. Second, this study is to examine closely the liabilities of the Issuing Bank on the wrongful dishonor in L/C transaction. Third, this study is suggest distinctive features on the Liabilities to wrongful dishonor of the issuing bank in UCC ${\S}5-Letter$ of Credit and our trader's matters to be attended to L/C transactions governed by UCC.

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