• International conference on construction engineering and project management
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• 2015.10a
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• pp.501-502
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• 2015

Construction Standard Specifications, part of contract documents, has been improved through various amendments since their first enactment in 1967 up to the latest 2013 version. However, complaints about inconvenience and low availability have been continuously made in their structure and contents. Therefore, an improvement is needed based on the experts' opinions both from industrial and academic fields. This basic study is to compare the Korean specifications to those from the developed countries and derive the suggestions on their improvement. Furthermore, it aims to delve into the experts' opinion on the subject and identify the direction and priority for the improvement of the specifications. Through this study, user friendliness and efficiency are expected to be obtained in using the specifications.

• International conference on construction engineering and project management
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• 2013.01a
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• pp.328-331
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• 2013

Incentive/Disincentive (I/D) contracting experiences in many states have been evaluated in terms of time and cost performance and substantial project time savings were found in many project cases. However, there is little understanding on individual project success factors for I/D projects during construction. This paper explores the significance of I/D clause in the success of the MacArthur Maze reconstruction project and summarizes a list of group causes that explains and elaborates on the detailed factors. The methods used for carrying out this study started with a search of online media and news reports and contract documents were also obtained from Caltrans. After review of the preliminary information, Interviews were performed with the Caltrans Resident Engineer and the contractor's project manager who were in charge of the MacArthur Maze reconstruction. In conclusion, the evaluation of their responses hinted at six significant cause groups responsible for the project's success. These groups can be listed as: 1) Motivation, 2) Policy, 3) Teamwork, 4) Communication, 5) Expectation, and 6) Resource Management.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.432-437
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• 2002

As the working design process of Turn-Key projects is a basic process for the final contract, this process has lots of business decision to be made. Because such results of business decision can be the basis on contract documents, it is the step which needs a through management for Turn-key project. But in case of domestic construction companies, because those are not organized process of working design process, project manager has had lots of trouble at each process to make the business decision. As a means of settling the problems, this research is initiated. First, working decision management process is identified and generalized by interviews with project managers. Second, cases that actually happened in the project are investigated and categorized. Third, response plan to solve the problems and check lists to prevent the problems are suggested. Finally, the process, cases, response plan, and check list are integrated using CBR for future reuse.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.16
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• pp.83-114
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• 2001

This paper is focussed on the main features and problems of SGA amendment. main features and problems are as below. First, SGA section 14 uses a new term, that of "satisfactory quality", which is defined in a somewhat circular way and introduces some guidelines in order to solve other problems perceived as arising under the "merchantable quality". The change was largely to assist in the better resolution of consumer disputes and not necessary for commercial disputes because the change involves the substitution of a phrase which meant something but was inappropriate to commercial disputes. As with the definition of "merchantable quality", a court can take the new formulation as an invitation to start afresh; or it can refer to the previous case law. Second, before the SGA amendment, a contract for the sale of undifferentiated part of a bulk shipped or to be shipped on a named ship was a contract for the sale of unascertained goods. So the effect was that property could not pass to the buyer, even though he had paid the price in full, before the goods become ascertained. The main object of the SGA amendment was to improve the buyer's position where he had paid for a specified quantity of goods forming an undifferentiated part of an identified bulk and the seller then became insolvent before the goods for which the buyer had paid were ascertained. The improvement was achieved by making section 16 of the SGA 1979 subject to a new section 20A and includig section 20B, under which a buyer of a specified quantity bulk can acquire a proprietary interest in the bulk. This proprietary solution still has some problems in international sale of goods. Therefore, it would be more appropriated SGA should settle disputes between parties through payment, passing of risk, delivery of goods and/or documents etc. instead of property rights like UCC.

• Journal of the Korea Computer Industry Society
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• v.3 no.7
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• pp.861-870
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• 2002

The area of business applications in the internet are extended enormously in result of fast development of computing and communication technologies, increase of internet use, and use of intranet/extranet in enterprise information system. Widely spread the use of the internet, there are various applications for Business to Business (B to B) or Business to Customer(B to C) model that are based on the intranet or extranet. This paper designed and implemented the Web-based Electronic Bidding System for Business to Business (B to B) model. The technical issues of electronic bidding system in the internet are involved in the connection between web client and server, electronic data interchange for the contract document, and security solution during the bidding and contracting processes. The web-based electronic bidding system in this paper is implemented using Java applet and servlet as a connection interface for web client and sewer, XML/EDI-based documents for a bid and a contract, and bidding server and notary server for enhancing the security using PKI(Public Key Infrastructure)-based public key cryptography, digital signature and Certification Authority (CA).

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.30 no.3
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• pp.1-11
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• 2012

This study examines the implementation process of landscaping projects in Japanese colonial era focusing on landscaping of Keijo Imperial University and draws conclusions as follows. First, landscaping of Keijo Imperial University in Japanese colonial era progressed based on Hoegyebeop and it provides important materials including the floor plan of the garden, detailed statement and other documents required for the construction. Second, it was all Japanese enterprises that took part in landscaping of Keijo Imperial University and the construction progressed under a private contract by lowest-price contract-awarding system after five enterprises' submitting estimates. Third, according to the floor plan for the landscaping, the garden had a shape of a quadrant and its boundaries were utilized as side gutters and connected to a drainage system. Fourth, though the floor plan doesn't clarify specific names of trees, detailed statement shows sorts of trees of the time. Trees of Chosun were plentifully introduced due to regional features and pines were the most expensive one when they were voluminous. This study has significance that it conducts an empirical research on main materials and techniques of landscaping projects in Japanese colonial era.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.261-301
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• 2016

Recently the abusive calls on on-demand bonds have been a critical issue among many engineering and construction companies in Korea. On-demand bond is referred to as an independent guarantee in the sense that the guarantee is independent from its underlying contract although it was issued based on such underlying contract. For this reason, the issuing bank is not required to and/or entitled to look into whether there really is a breach of underlying contract in relation to the call on demand-bonds. Due to this kind of principle of independence, the applicant has to run the risk of the on demand bond being called by the beneficiary without due grounds. Only where the call proves to be fraudulent or abusive in a very clear way, the issuing bank would not be obligated to pay the bond proceeds for the call on on-demand bonds. In order to prevent the issuing bank from paying the proceeds under the on-demand bond, the applicant usually files with its competent court an application for injunction prohibiting the beneficiary from calling against the issuing bank. However, it is in practice difficult for the applicant to prove the beneficiary's call on the bond to be fraudulent since the courts in almost all the jurisdictions of advanced countries require very strict and objective evidences such as the documents which were signed by the owner (beneficiary) or any other third party like the engineer. There is another way of preventing the beneficiary from calling on the bond, which is often utilized especially in the United Kingdom or Western European countries such as Germany. Based upon the underlying contract, the contractor which is at the same time the applicant of on-demand bond requests the court to order the owner (the beneficiary) not to call on the bond. In this case, there apparently seems to be no reason why the court should apply the strict fraud rule to determine whether to grant an injunction in that the underlying legal relationship was created based on a construction contract rather than a bond. However, in most jurisdictions except for United Kingdom and Singapore, the court also applies the strict fraud rule on the ground that the parties promised to make the on-demand bond issued under the construction contract. This kind of injunction is highly unlikely to be utilized on the international level because it is very difficult in normal situations to establish the international jurisdiction towards the beneficiary which will be usually located outside the jurisdiction of the relevant court. This kind of injunction ordering the owner not to call on the bond can be rendered by the arbitrator as well even though the arbitrator has no coercive power for the owner to follow it. Normally there would be no arbitral tribunal existing at the time of the bond being called. In this case, the emergency arbitrator which most of the international arbitration rules such as ICC, LCIA and SIAC, etc. adopt can be utilized. Finally, the contractor can block the issuing bank from paying the bond proceeds by way of a provisional attachment in case where it also has rights to claim some unpaid interim payments or damages. This is the preservative measure under civil law system, which the lawyers from common law system are not familiar with. As explained in this article, it is very difficult to block the issuing bank from paying in response to the bond call by the beneficiary even if the call has no valid ground under the underlying construction contract. Therefore, it is necessary for the applicants who are normally engineering and construction companies to be prudent to make on-demand bonds issued. They need to take into account the creditability of the project owner as well as trustworthiness of the judiciary system of the country where the owner is domiciled.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.45
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• pp.85-109
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• 2010

L/C provides the exporter and the importer with safe assurance in the exchange of goods for payment in international trade. It involves a number of parties. Although the parties may have confidence in their client, bad faith or ignorance of international banking practice by any of these parties could cause the failure of transaction, which makes international trade a risky business. Most of the risks are found in transport document, which can cause disputes. There are many factors in the risk of transport documents under L/C transaction. One most common risk factor for the beneficiary in all transport documents is even if there is no discrepancy in document, the issuing bank or the applicant refuses to pay or delay payment insisting there is a discrepancy. In some very rare cases, the beneficiary may not get paid due to unfair injunction of the local court of the applicant. For the applicant, most common risk factors are fake bill and fraud. Risks classified according to the sorts of transport documents are as follows. 1. In B/L, payment can be refused because it is regarded as charter party B/L, although there is no real charter party contract. And the applicant can bear the potential risk of the loss or deterioration of cargo through transhipment of the cargo loaded on board in container if transhipment is prohibited without excluding of UCP 600 article 20 (c). 2. In charter party B/L, the applicant may take delivery without paying when charter party B/L is signed by charterer, which can result in a big loss for the beneficiary and the negotiating bank. And risks may arise when cargo is seized because the charterer does not pay the hire. The applicant and the issuing bank are also vulnerable to a risk - Against whom should they file a suit when cargo gets damaged during transportation? 3. In multimodal transport document, which is subject to a conflict because there is a big difference in viewpoints between transport industry and banks, conflicts may also arise when L/C requires ocean B/L and accepts multimodal transport document at the same time, but does not specify the details. 4. In air waybill, where the consignee is not the issuing bank but the applicant, risks may take place to the beneficiary when the applicant takes delivery but refuses to pay asserting minor discrepancies in document. The applicant may also bear the risk when cargo may not be loaded because air waybill is a received bill. Another risk may arise when although the applicant prohibits transhipment without excluding UCP 600 article 23 (c), the cargo may be transhipped, provided that the entire carriage is covered by one and the same air waybill.

• Journal of the Korea Institute of Building Construction
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• v.15 no.1
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• pp.81-87
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• 2015

The purpose of this study is to analyze the problem of confusing the names of Chinese granite used in Korean construction work and suggest the improvement plans for them. Interviews of the experts from the stone company, studies on the existing research literature, and analyses of construction work documents of the 23 construction works which used Chinese granite were carried out to analyze the real condition of name confusion of granite stone. In the analytical result of the real condition, name confusion was classified into 4 types and problems derived from it were done into 4 ones. An additional survey was carried out targeting 34 masonry experts to draw the improvement plans based on the analytical results of the real condition of name confusion. The results show that the most fundamental solution is to continue to make efforts to use exact names when main agents related to construction works communicate with each other regarding Chinese granite stone and the process to make out construction contract documents.

• Korean Journal of Construction Engineering and Management
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• v.12 no.1
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• pp.13-22
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• 2011

Many studies on cause and prevention of claim have been carried out but they were mostly intended to come up with the improvement measures, improvement system or the measures to deal with the claim, which consequently lacked the substantial ways to identify the details of claim for prevention purpose. That is, there's in fact no tool, in preparation for potential claims, to identify and review the major potential causes at design stage to mitigate the claim and thus, it's necessary to develop the tool such as checklist needed to prepare the claim-supporting documents, check the relevant laws as well as to identify the cause of claim. Hence the study, given the fact that cause of claim is mostly generated at the design stage though the claim itself tends to occur at the construction stage, was aimed at developing the checklist based on contract document such as design documents at design stage for public construction projects in a bid to prevent the potential claim occurred at the design stage.