| Title |
A Study on Owner's Contract Management Method with regard to Direct Payment to Subcontractor |
| Authors |
Lee Jong-Gwang ; Kim Yong-Su |
| Keywords |
contract management ; subcontract ; direct payment to subcontractor |
| Abstract |
The purpose of this study is to suggests ways to improve the owner's contract management methods with regards to direct payment to subcontractor. The literature research, case study, and legal theory analysis are adopted as research methods. The primary results of the study are summarized as the following: (1) The basic legal relationship among owner, contractor and subcontractor is maintained even when the owner's obligation and contractor's obligation are liquidated according to direct payment to subcontractor. (2)When contractor's assets for relevant construction projects are confronted with the seizure claim by the third party creditor, the claim is effective if it occurs before direct payment to subcontractor. (3) An owner is not allowed to claim financial compensation from the assets designated for direct payment for contractor's defects liability and responsibility of damage compensation. (4) An owner has to prevent direct payment to subcontractor to stabilize the construction organization. If it is impossible, he has to prevent the money utilized for construction from leaking and make it??flow into the construction organization. |