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@article{ART002324040},
author={TAEKWAN KIM},
title={Study on the right to claim for expenses incurred upon extension of construction period in the construction contract general conditions - Focusing on comparison and examination with creditor delay -},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2018},
number={78},
pages={275-305},
doi={10.31839/DALR.2018.02.78.275}

TY - JOUR
AU - TAEKWAN KIM
TI - Study on the right to claim for expenses incurred upon extension of construction period in the construction contract general conditions - Focusing on comparison and examination with creditor delay -
JO - DONG-A LAW REVIEW
PY - 2018
VL - null
IS - 78
PB - The Institute for Legal Studies Dong-A University
SP - 275
EP - 305
SN - 1225-3405
AB - If the construction period has increased beyond the original schedule without the responsibility of the contractor, it will be a question of who will bear the increased cost during that period. in the case of a government-funded work ordered by the country etc, Article 23 of the Construction Contract General Condition allows the extension of the construction period and the request for an increase in costs accompanying it. In the absence of the norm of these contracts, instead of being able to solve these disputes with the civil code system, you can make use of the creditor delay system. As a result of comparing and examining the requirements and effects of the cost contract and delay of creditors due to extension of the term construction term to general construction conditions, the following conclusion was obtained. First, it was able to know that a considerable part of supervision of the cost claim accompanying the extension of the construction period due to the extension of the construction period and the delay due to the creditor delayed the requirement, and the situation of the profit was not similar. Second, although the scope of application for expenses accompanying the extension of the construction period is substantial and the scope of application is expanded from delinquency of creditors especially due to force majeure reason, due to the characteristics of force majeure, its scope of application is extremely restricted, It seems that there is little effectiveness, depending on policy reasons of force majeure reasons, only extension of the construction period is permitted, not even an additional cost claim is approved. Third, cost claims accompanying the extension of the construction period require procedural requirements and are applied very strictly in practice, but they do not require procedural requirements for creditor delay. Fourth, although a considerable portion of supervision is made of the cost claim accompanying the extension of the construction period and the cost due to the creditor delay, the general administrative expenses and the profits are expenses according to the delay of the creditors It is hard to be recognized. Fifth, the cost claim due to the creditor delay can be a way to bypass the procedural requirements of the cost claim accompanying the extension of the construction period.
KW - construction contract general conditions;construction period;construction contract;creditor delay;extension cost
DO - 10.31839/DALR.2018.02.78.275
ER -

TAEKWAN KIM. (2018). Study on the right to claim for expenses incurred upon extension of construction period in the construction contract general conditions - Focusing on comparison and examination with creditor delay -. DONG-A LAW REVIEW, 78, 275-305.

TAEKWAN KIM. 2018, "Study on the right to claim for expenses incurred upon extension of construction period in the construction contract general conditions - Focusing on comparison and examination with creditor delay -", DONG-A LAW REVIEW, no.78, pp.275-305. Available from: doi:10.31839/DALR.2018.02.78.275

TAEKWAN KIM "Study on the right to claim for expenses incurred upon extension of construction period in the construction contract general conditions - Focusing on comparison and examination with creditor delay -" DONG-A LAW REVIEW 78 pp.275-305 (2018) : 275.

TAEKWAN KIM. Study on the right to claim for expenses incurred upon extension of construction period in the construction contract general conditions - Focusing on comparison and examination with creditor delay -. 2018; 78 : 275-305. Available from: doi:10.31839/DALR.2018.02.78.275

TAEKWAN KIM. "Study on the right to claim for expenses incurred upon extension of construction period in the construction contract general conditions - Focusing on comparison and examination with creditor delay -" DONG-A LAW REVIEW no.78(2018) : 275-305.doi: 10.31839/DALR.2018.02.78.275

TAEKWAN KIM. Study on the right to claim for expenses incurred upon extension of construction period in the construction contract general conditions - Focusing on comparison and examination with creditor delay -. DONG-A LAW REVIEW, 78, 275-305. doi: 10.31839/DALR.2018.02.78.275

TAEKWAN KIM. Study on the right to claim for expenses incurred upon extension of construction period in the construction contract general conditions - Focusing on comparison and examination with creditor delay -. DONG-A LAW REVIEW. 2018; 78 275-305. doi: 10.31839/DALR.2018.02.78.275

TAEKWAN KIM. Study on the right to claim for expenses incurred upon extension of construction period in the construction contract general conditions - Focusing on comparison and examination with creditor delay -. 2018; 78 : 275-305. Available from: doi:10.31839/DALR.2018.02.78.275

TAEKWAN KIM. "Study on the right to claim for expenses incurred upon extension of construction period in the construction contract general conditions - Focusing on comparison and examination with creditor delay -" DONG-A LAW REVIEW no.78(2018) : 275-305.doi: 10.31839/DALR.2018.02.78.275