Title Apportionment of Liquidated Damages and Compensation for Delay Damages in Domestic Construction Project : Analysis and Improvement
Authors Kim, Kyong Ju ; Kim, Kyoungmin ; Kim, Jong Inn ; Wei, Ameng ; Kim, Eu Wang
DOI https://dx.doi.org/10.6106/KJCEM.2023.24.1.012
Page pp.12-20
ISSN 2005-6095
Keywords Apportionment; Liquidated Damages (LD); Compensation; Delay Analysis; Delay Damages
Abstract 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.