• Title/Summary/Keyword: claims for damages

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Development of Review Processes and Tools for Liquidated Damages for EPC/Turnkey Project: Contractor's Perspective

  • Hahn, Ki Jeong;Lee, Eul-Bum;Kim, Young Ho
    • International conference on construction engineering and project management
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    • 2015.10a
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    • pp.718-719
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    • 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.

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Main Trends for Reforming the Law of Insurance Contract in England - Focused on the Insured's Post-Contract Duty of Good Faith in relation to Claims - (영국 보험계약법의 주요 개혁동향 - 보험금청구와 관련한 피보험자의 계약체결 후 선의의무를 중심으로 -)

  • Shin, Gun-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.53
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    • pp.207-229
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    • 2012
  • In IP 7 and LCCP 201, Law Commission considers the insured's duty of good faith after the formation of the contract. This article intends to review and analyse the legal implications of proposals in IP 7 and LCCP 201. The results of analysis are following. First, Law Commission propose to end the remedy of avoidance under MIA 1906 section 17, because avoidance of past claims is unprincipled, impractical and unnecessarily harsh. Secondly, LC proposes that an insured who makes a fraudulent claim should forfeit the whole claim which the fraud relates, but that the fraud should not invalidate previous and legitimate claims. Thirdly, LC proposes to introduce a statutory right for the insurer to claim damages for the reasonable, foreseeable costs of investigate a fraudulent claim in specific circumstances and that damages would be limited to those cases where the insurer can show an actual, net loss. Finally, LC provisionally propose that an express fraud clause should be upheld in business insurance, whereas in consumer insurance, any term which purports to give the insurer greater rights in relation to fraudulent claims that those set out in statute would be of no effect.

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A Study on the Sphere of Application of the Provision for Interest under the CISG (국제물품매매계약(國際物品賣買契約)에 관한 UN협약상(協約上) 이자지급규정(利子支給規定)의 적용범위(適用範圍)에 관한 연구(硏究))

  • Bae, Jun-Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.235-253
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    • 2000
  • As to the sphere of application, Article 78 CISG undoubtedly applies to interest on the purchase price. Furthermore, the provision also applies to "any other sum that is in arrears". This language has been interpreted to encompass expenses that one party had on behalf of the other as well as reimbursements when the purchase price is reduced according to Article 50 CISG. However, it is questionable whether this language also extends to claims for damages. Legal scholars seem to agree that one has a right to interest on damage claims under Article 78 if the amount in question has been liquidated vis-a-vis the other party. Whether this right to interest also applies to unliquidated sums, is controversial, however. In this study, as a result of taking into account the puspose of Article 78, we could find the fact that regardless of whether the exact amount of damages has been specified yet, the breaching party still owes compensation to the other party from the time of the breach and, accordingly, the non-breaching party should be entitled to interest payments on the loss from that time. Consequently, Article 78 applies not only to liquidated but also to unliquidated damages.

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CONSTRUCTION DELAY IN INTERNATIONAL PROJECTS: WITH SPECIAL REFERENCE TO GULF AREA CAUSES, DAMAGE ASSESSMENTS AND ENTITLEMENTS

  • Sami Fereig;Nabil Kartam
    • International conference on construction engineering and project management
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    • 2005.10a
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    • pp.758-763
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    • 2005
  • For international projects in general and the projects in the Gulf area in Particular, the most common cause of construction disputes and claims is construction delay. This paper will present different surveys to identify the causes of delay, the parties responsible, and how delay can be avoided. This paper will outline how these factors impact damage assessment and entitlement. Furthermore, a case study will be presented to show how the responsibility and damages due to delay are assessed and how entitlements are calculated.

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A Study on the Prevention for Differing Site Conditions Claims - Focused on Design-Build Project in Public Sector - (현장여건상이로 인한 클레임의 예방에 관한 연구 -공공부문의 설계$\cdot$시공일괄공사를 중심으로-)

  • Chung Myung-Woo;Lee Hwa-Young;Seo Yong-Chil;Hyun Chang-Taek
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.46-53
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    • 2001
  • Differing Site Conditions('DSC') Claims among construction claims are on the increase as a direct result of the steady construction of Social Overhead Capital Facilities initiated by Government. As DSC claims generally became apparent during the intial stage of the construction project, it is necessary to timely review and study the proposal on the prevention of DSC claims because delayed settlement will incur more substantial damages to all parties concerned. This research is focused on the identification and analysis of the causes for DSC claims as applicable to design-build project in public sector and it presents the possible short term, medium and long term proposals on the improvement of causes related with DSC claims. The major results of this research are summarized as follows: 1. Improvement of contractor's tender practice 2. Contractor's division of responsibility on the site survey 3. Improvement of owner's exculpatory clause 4. Flexibility on the adjustment of contract amount The proposals stated above could be useful in resolving the DSC claims between owner and contractors.

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A Study on the Appropriate Estimation Method of Oil Pollution Damage for Mariculture Fisheries (유류오염에 의한 양식생물의 적정피해사정방안에 관한 연구)

  • Kang, Young-Joo;Kim, Ki-Soo
    • The Journal of Fisheries Business Administration
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    • v.42 no.1
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    • pp.19-35
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    • 2011
  • This paper tries to show the appropriate estimation method of oil pollution damage for mariculture fisheries. The International Oil Pollution Fund 1992(also known as the IOPC Fund 1992) has made up the Claims Manual to assist claimants by giving a general overview of the Fund's obligation to pay compensation. Section III of the Manual provides more specific information to assist claimants in presenting their claims concerning about economic losses in the fisheries, mariculture and fish processing sectors. The paper tries to suggest reform proposals for current etimation method of damages of maricluture fisheries contaminated by oil spillover using the population biology of living resources charaterized with age distribution.

Rational Allocation of Liability for Damages in Personal Information Infringement by Third Party (제3자의 행위에 의한 개인정보침해사고로 발생한 손해배상책임의 합리적 배분)

  • Yoo, Beeyong;Kwon, Hunyeong
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.30 no.2
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    • pp.231-242
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    • 2020
  • In the case of damages caused by personal information infringement accidents caused by information infringer such as hackers, the information subject will usually claim damages to the information controller rather than the information infringer who is the perpetrator, and the information controller who has been claimed will claim damages again to the information security enterprise that has entrusted the information protection business. These series of claims for damages, which are expected to be carried out between the information subject, the information controller and the information security enterprise, are nothing but quarrels for transferring of liability among themselves who are also victims of infringement. So the problem of damage compensation should be discussed from the perspective of multi-faceted rational distribution of the damages among the subjects who make up the information security industry ecosystem rather than the conventional approach. In addition, due to the nature of personal information infringement accidents, if a large amount of personal information infringement occurs, the amount of compensation can be large enough to affect the survival of the company and so this study insist that a concrete and realistic alternatives for society to share damages is needed.

A Study on Concealed Damage through Car-Ferry International Multimodal Transport between Korea and Japan (한일간 카-훼리 국제복합운송에 따른 부명손해(不明損害)에 관한 연구)

  • Park, Sang-Kab;Kim, Jung-Ho
    • Journal of Navigation and Port Research
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    • v.35 no.6
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    • pp.523-531
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    • 2011
  • The recent increase in international car-ferry lines between Korea and Japan as well as China brings needs for proper transportations of special cargo, such as machinery and luxury yacht, etc. International multimodal transport, especially international car ferry through truck-sea-truck system enables to fulfill shippers' needs for "Door to Door Service", of such special goods. However, this international multimodal transport of bulk cargo will cause a possible claim for concealed damages during such transportation. For this reason, this study aims to examine the liability system of the multimodal transport operator as well as to investigate liability for concealed damages theoretically and finally to seek proper measures for them. Futhermore, this paper intends to verify the claims for concealed damages to further the international multimodal transport by car ferries between Korea and Japan.

Strategy about Support System for Victims of Fire Cases through the Analysis of A Fire Cases (화재사례분석을 통한 화재피해자 지원체계 구축방안)

  • Cha, Jong-Ho
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.41 no.4
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    • pp.196-202
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    • 2018
  • There have been more than 40,000 cases of fires in Korea in the last three years. However, as 'Accidental Fire Liability Act' was judged to be non-conform to the Constitution in 2007, the damages by light mistakes should be compensated. Accordingly, disputes such as compensation claims, litigations and indemnification cases of the victims of fire increased. However, it is so difficult for victims of fire cases to take proper action. So, this study is to help victims of fire cases in the disputes and compensation claims of the victims, and to find actual and practical support system based on the analysis of compensation status. To help victims of fire cases, we need to survey about victims of fire cases with multiple victims. That survey is analyzed to find support plan for victims. Furthermore, to find support plan the current law is needed to be analyzed and reviewed to revision. It is also tried to identify problems in the operation of the Center for victims of Fire currently operated by fire stations and to find countermeasures. In addition, the status of subscription and problem of fire insurance for the compensation for the victims and the method to increase fire insurance subscription rate will be studied.

A Study on the Determination of Applicable law to Liability for the compensation of Damage in a plane accident (항공기사고 손해배상청구에 있어서 준거법의 결정에 관한 소고)

  • So, Jae-Seon
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.2
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    • pp.3-42
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    • 2010
  • This study shows that the Warsaw Convention in Article 1 is not an international transport, origin, destination and all the Contracting Parties is not a purely domestic shipping does not apply to this Treaty. Therefore, in this case, liability and damages for the governing law is selected according to international law should be. In addition, in the case of international shipping and passenger air carrier of this treaty to govern the relationship, not all of which aim is the unification of certain rules. Product liability is the most important thing of all. As for the aircraft manufacturer's responsibility according to international law also does not select the applicable law is not. The Warsaw Convention Article 17 apply for the passenger's personal damages Article 2 Section 2 leads to the most prestigious type of damages, and subjective and objective with regard to the scope of international law are being committed. In this regard, Governing Law-related aircraft accidents leading to serious accidents in China of an aircraft crash in Nagoya, Japan, the airport can be. China Airlines accident of the aircraft are operated for the unification of the rules for international air transport on the Warsaw Convention as amended by Article 17, Article 18 of damages by the tort claims and claims based on damages caused by, or this cause of aircraft accidents air bus maker by the Corporation for damages in tort claims for damages claimed on the basis of solidarity is the case. In the case of these grand scale claim responsibility for the airline, air transport agreements to determine the applicable law of the contract is very complex. There for the contracts based on individual circumstances or origin, and by considering because each must be determined.

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