판례동향분석을 통한 불가항력조항의 개선방향에 관한 연구
A Study on the Improvement of Force Majeure Clause in Government General Construction Contract Conditions through Case Analysis
조영준(중부대학교)
28권 06호, 103~110쪽
초록
Many Force Majeure events which can delay construction period and/or can occur cost overrun may have happened to construction project. When the event has occurred during construction project and if it does not treated properly, then various claims will be alleged by the contractor. And this may result in raising up another project's bidding cost. So types of the events,the definition and treatment have been expressed in a lot of General Construction Contract Conditions. In our country, because of its incompleteness many conflicts have annoyed the contractor parties using the Government General Construction Contract Conditions. Therefore, after analysis of legal cases, the necessity of reformation of definition and treatment of Force Majeure were suggested. And finally it was suggested that Force Majeure and employer' liability should be divided in the contract conditions in this study.
Abstract
Many Force Majeure events which can delay construction period and/or can occur cost overrun may have happened to construction project. When the event has occurred during construction project and if it does not treated properly, then various claims will be alleged by the contractor. And this may result in raising up another project's bidding cost. So types of the events,the definition and treatment have been expressed in a lot of General Construction Contract Conditions. In our country, because of its incompleteness many conflicts have annoyed the contractor parties using the Government General Construction Contract Conditions. Therefore, after analysis of legal cases, the necessity of reformation of definition and treatment of Force Majeure were suggested. And finally it was suggested that Force Majeure and employer' liability should be divided in the contract conditions in this study.
- 발행기관:
- 대한건축학회
- DOI:
- http://dx.doi.org/
- 분류:
- 공학