해외프로젝트 사례를 통한 손해배상(LDs)연구 및 계약자 대응방안 개발

Abstract

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. Under this liabilities mechanism knowledge, it is challenging for contractors to carry out the projects without the clear liability processes and tools. 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 processes and tools were applied to case studies, which on several EPC projects in various industry disciplines such as steel making plant, power plant, offshore plant and process plant to verify the practicality. The study concludes that those developed processes and tools will help to manage risk of LDs (liquidated damages) for the contractors in the overseas projects. The limitations of this study include assessing the expert judgment with limited contractual documents. For this reason, the limitation warrants future studies using multiple project teams and related documents to examine a more usability for the developed process and tools. Also, further studies should rely on not only organization’s features for project but also characteristics which are unusable to control to derive more significant results.