@article{ART002716184},
author={TAEKWAN KIM},
title={Research on contract change system in construction contracts - focusing on adjusting the contract amount due to design changes in the U.S.A -},
journal={Journal of International Business Transactions Law},
issn={2982-5903},
year={2021},
number={33},
pages={207-240},
doi={10.31839/ibt.2021.04.33.207}
TY - JOUR
AU - TAEKWAN KIM
TI - Research on contract change system in construction contracts - focusing on adjusting the contract amount due to design changes in the U.S.A -
JO - Journal of International Business Transactions Law
PY - 2021
VL - null
IS - 33
PB - The Institute for Legal Studies Dong-A University
SP - 207
EP - 240
SN - 2982-5903
AB - In this treatise, we examined the doctrine of contract changes in US construction contracts, focusing on the change clauses. based on the contents, we critically examined the adjustment system of the contract amount of the design change in the domestic construction contract. the contents can be summarized as follows.
First, it is necessary to reorganize the design change system for general conditions of construction contracts into a contract change system. the contract change system centered on the design document has the advantage of its clarity. however, it is not suitable for contract changes other than design documents, and there is an aspect that the original purpose of the contract change system of changing existing contracts based on the intention of the ordering party cannot be fully utilized.
Second, it is necessary to set limits for contract changes. general conditions for construction contracts Article 46 stipulates that contracts should be canceled only when the contract amount is reduced or the construction period is extended, but more diverse and clear limits for contract changes are required.
Third, it is necessary to establish new provisions regarding the doctrine of constructive change. court practice is so biased towards contract law theory that it is unable to offer a proper solution in areas where the constructive change doctrine must work.
Fourth, it is necessary to realize the purpose of equitable adjustment in contract changes. this is because the general conditions of current construction contracts are that the scope of compensation is extremely limited.
KW - construction contracts;change clause;design change;contract change;equitable adjustment
DO - 10.31839/ibt.2021.04.33.207
ER -
TAEKWAN KIM. (2021). Research on contract change system in construction contracts - focusing on adjusting the contract amount due to design changes in the U.S.A -. Journal of International Business Transactions Law, 33, 207-240.
TAEKWAN KIM. 2021, "Research on contract change system in construction contracts - focusing on adjusting the contract amount due to design changes in the U.S.A -", Journal of International Business Transactions Law, no.33, pp.207-240. Available from: doi:10.31839/ibt.2021.04.33.207
TAEKWAN KIM "Research on contract change system in construction contracts - focusing on adjusting the contract amount due to design changes in the U.S.A -" Journal of International Business Transactions Law 33 pp.207-240 (2021) : 207.
TAEKWAN KIM. Research on contract change system in construction contracts - focusing on adjusting the contract amount due to design changes in the U.S.A -. 2021; 33 : 207-240. Available from: doi:10.31839/ibt.2021.04.33.207
TAEKWAN KIM. "Research on contract change system in construction contracts - focusing on adjusting the contract amount due to design changes in the U.S.A -" Journal of International Business Transactions Law no.33(2021) : 207-240.doi: 10.31839/ibt.2021.04.33.207
TAEKWAN KIM. Research on contract change system in construction contracts - focusing on adjusting the contract amount due to design changes in the U.S.A -. Journal of International Business Transactions Law, 33, 207-240. doi: 10.31839/ibt.2021.04.33.207
TAEKWAN KIM. Research on contract change system in construction contracts - focusing on adjusting the contract amount due to design changes in the U.S.A -. Journal of International Business Transactions Law. 2021; 33 207-240. doi: 10.31839/ibt.2021.04.33.207
TAEKWAN KIM. Research on contract change system in construction contracts - focusing on adjusting the contract amount due to design changes in the U.S.A -. 2021; 33 : 207-240. Available from: doi:10.31839/ibt.2021.04.33.207
TAEKWAN KIM. "Research on contract change system in construction contracts - focusing on adjusting the contract amount due to design changes in the U.S.A -" Journal of International Business Transactions Law no.33(2021) : 207-240.doi: 10.31839/ibt.2021.04.33.207