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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
  • Abbr : IBT
  • 2021, (33), pp.207-240
  • DOI : 10.31839/ibt.2021.04.33.207
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law
  • Received : March 31, 2021
  • Accepted : April 23, 2021
  • Published : April 30, 2021

TAEKWAN KIM 1

1연세대학교

Accredited

ABSTRACT

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.

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