Title |
Deriving Key Risk Sub-Clauses which the Engineer of FIDIC Red Book Shall Agree or Determine according to Sub-Clause 3.7 -based on FIDIC Conditions of Contract for Construction, Second Edition 2017- |
Authors |
제재용(Jei, Jae Yong) ; 홍성열(Hong, Seong Yeoll) ; 서성철(Seo, Sung Chul) ; 박형근(Park, Hyung Keun) |
DOI |
https://doi.org/10.12652/Ksce.2023.43.2.0239 |
Keywords |
국제 컨설팅엔지니어연맹 레드 북; 엔지니어; 델파이 기법; 발생도와 영향도 리스크 매트릭스; 핵심 리스크 세부조항 FIDIC red book; Engineer; Delphi technique; PI risk matrix; Key risk sub-clauses |
Abstract |
The FIDIC Red Book is an international standard contract condition in which the Employer designs and the Contractor performs the construction. The Engineer of FIDIC Red Book shall agree or determine any matter or Claim in accordance with Sub-Clause 3.7 neutrally, not as an agent of the Employer. This study aimed to derive Key Risk Sub-Clauses out of 49 Sub-Clauses that the Engineer of FIDIC Red Book recently revised in 18 years shall agree or determine according to Sub-Clause 3.7 using the Delphi method. A panel of 35 experts with more than 10 years of experience and expertise in international construction contracts was formed, and through total three Delphi surveys, errors and biases were prevented in the judgment process to improve reliability. As for the research method, 49 Sub-Clauses that engineers shall agree on or determine according to Sub-Clause 3.7 of the FIDIC Red Book were investigated through the analysis of contract conditions. In order to evaluate the probability and impact of contractual risk for each 49 Sub-Clause, the Delphi survey conducted repeatedly a closed-type survey three times on a Likert 10-point scale. The results of the first Delphi survey were delivered during the second survey, and the results of the second survey were delivered to the third survey, which was re-evaluated in the direction of increasing the consensus of experts' opinions. The reliability of the Delphi 3rd survey results was verified with the COV value of the coefficient of variation. The PI Risk Matrix was applied to the average value of risk probability and impact of each of the 49 Sub-Clauses and finally, 9 Key Risk Sub-Clauses that fell within the extreme risk range were derived. |