• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2006.11a
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• pp.458-461
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• 2006

With the opening in construction market, more diversified and internationalized construction culture is imported, but the level of our construction culture and policy is still not met the international standards. For example, there is a difference in the liquidated damages at delay due to the reason of builder imputation during the public construction project comparing the international standards like damages. It may lead to the potential claim. In this study, via comparing and analysis on the relevant international standards and extension expense for terms of work, actual compensation is selected, and improvement of liquidated damages like damages is presented.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2002.11a
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• pp.111-116
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• 2002

The delay of the completion of the construction project occurs frequently because the origin schedule is affected by numerous factors that contribute to the overall delay in completing the project. But in our country. the dealing with a claim is not sufficient yet by reasons of fairl relation between owner and constructor, cognitive shortage in claim, and such. especially they have make a wrong application of baseless the rule. In this study. we make a rational model ; that includes calculating of dispute costs, and suggest the solution and the prevention for claim by considerating the law followed liquidated damages.

• Korean Journal of Construction Engineering and Management
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• v.24 no.1
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• pp.12-20
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• 2023

To calculate the amount of owner-caused and contractor-caused delays based on a simplified delay analysis, which has been customarily used in Korea, has a limitation in reflecting the impact of the concurrent delay and the acceleration work. It also resulted in the apportionment of liquidated damages by applying the ratio of the number of delays between the owner and the contractor. This study analyzes that the conventional method does not meet the international standards. In order to improve the problem of construction delay analysis and the apportionment of liquidated damages based on it, owner delays, contractor delays, concurrent delays, and the impact of acceleration should be analyzed together. This study suggests that in the apportionment of liquidated damages, the extension of time should be extended by the sum of concurrent delays and the owner-caused delays, and liquidated damages should be imposed on delays incurred after the extension of time. It can be seen that it conforms to the international standards. The results of this study are expected to contribute to improving the problems of delay analysis and liquidated damages calculation, which have been conventionally accepted.

• Korean Journal of Construction Engineering and Management
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• v.8 no.1 s.35
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• pp.150-158
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• 2007

The delay of construction is one of the most frequent and complicated elements of the claim. And the liquidated damages cause many disputes during the judgement. The liquidated damages should be a compensation for owner's substantial loss, but actually be applied as a damage for breach of contract. These damages are different from owner's loss and give constructors a excessive burden. So we need a more reasonable system than a lump application system. In this study, we make a Improvement System, that based on owner's substantial loss, and suggest the new liquidated damages calculation method.

• 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.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.305-310
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• 2001

The purpose of this study is to calculate delay damages for contractors. The study has been performed by investigation of delay cost occurrence status and the analysis of subway construction cases. The results of this study are as follows: 1. Delay cost( 1day) equivalent to $0.005\%$ of total construction cost by analysis case studies. 2. Including bank interest, dealy cost is analysed as the following; $1.1\~9.2\%$ of total construction cost in part extension period, $3.3\~11.0\%$ of total construction cost in total extension period. 3. In comparison between liquidated damages and delay cost, liquidated damages account for average 20.1 times of delay costs. 4. Acceleration cost will be calculate on the basis of delay cost calculation method. In the result of this method, acceleration cost is equal to delay cost at least or must be large than delay cost

• Proceedings of the Korean Institute of Building Construction Conference
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• 2001.11a
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• pp.93-98
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• 2001

If the construction delays are occurred during the project execution, the contractual parties should inquire the delay causes and the contractual obligation. Due to the compensation of damages, the interested parties and the contractual parties are placed on the adverse situation. For reasonable of the claim and dispute, the contractual parties are needed the objective and systematic procedure method to analyze the delay. The purpose of this study is to propose a formal process model considering the case of construction delay-claims.

• Journal of Arbitration Studies
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• v.32 no.4
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• pp.103-141
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• 2022

Traditionally, schedule analysis in Korea has been used, mainly through the Critical Path Method, to evaluate the claim for extension of time and/or the amount of liquidated damages for delay. Critical path method, however, cannot identify the delay event and its impact occurred in non-critical path especially in multi facility projects. In multi facility projects that comprise several independent but related facilities or structures, each facility has its own facility critical path the duration of which will be impacted by facility specific critical delays. Thus, only through the non-critical delay analysis along with the critical delay analysis damages not attributable to contractors may be remedied in full. Because all the records and pictures can reveal what has actually happened in post contract review, only the retrospective analysis rather than the prospective analysis based on the assumptions can establish the cause and allocate the each parties' responsibilities appropriately.

• Journal of the Korea Institute of Building Construction
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• v.20 no.6
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• pp.527-535
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• 2020

This study analyzed main causes of claims in EPC/Turnkey projects. For this purpose, this study referred to the FIDIC silver book, which lists the international standard contract conditions for EPC/Turnkey projects. The most frequent cause of claim was delay. A process was then proposed to determine whether the owner or contractor was the responsible party when the delay claim occurred. The proposed process was for damages for delay which is the conditions of contract for indemnities against delay claim. The process was based on conditions of the contract of two previous EPC/Turnkey projects that were constructed in 2010, the FIDIC silver book, as well as the obligations of owner and contactors. The proposed process is applicable depending on the conditions of the contract and the owner's meaning. Furthermore, by identifying the responsible party, this study will contribute in identifying the possible claim types before concluding a contract and writing the specific contract.

• Structural Engineering and Mechanics
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• v.58 no.6
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• pp.1127-1143
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• 2016

The pounding phenomenon in adjacent structures happens in severing earthquakes that can cause great damages. Connecting neighboring structures with active and semi-active control devices is an effective method to avoid mutual colliding between neighboring buildings. One of the most important issues in control systems is applying online control force. There will be a time delay if the prose of producing control force does not perform on time. This paper proposed a time-delay compensation method in coupled structures control, with semi-active Magnetorheological (MR) damper. This method based on Newmark's integration is adopted to mitigate the time-delay effect. In this study, Lyapunov's direct approach is employed to compute demanded voltage for MR dampers. Using Lyapunov's direct algorithm guarantees the system stability to design a controller based on feedback. Because of the strong nonlinearity of MR dampers, the equation of motion of coupled structures becomes an involved equation, and it is impossible to solve it with the common time step methods. In present paper modified Newmark-Beta integration based on the instantaneous optimal control algorithm, used to solve the involved equation. In this method, the response of a coupled system estimated base on optimal control force. Two MDOF structures with different degrees of freedom are finally considered as a numeric example. The numerical results show, the Newmark compensation is an efficient method to decrease the negative effect of time delay in coupled systems; furthermore, instantaneous optimal control algorithm can estimate the response of structures suitable.