국제건설계약에서 공사변경(variation)에 따른 공사범위(scope of works)의 계약해석 - 영국판례를 중심으로 -

International construction contracts will define the scope of works that the contractor is required to undertake in exchange for an ascertainable contract price. In determining whether there is a variation, it will be necessary to consider whether the work under review was part of that original scope. There is no requirement for an employer to issue instructions directing the work, which already forms part of the contract scope. In the event, however, the work needs to made beyond the scope of work, such employer’s instruction should be made that may result in impact of duration and price of the contract. However, the definition of what is to be built may not be fully developed and articulated in the contract documents. Thus, ascertaining what constitutes the contract scope of works, against which variations will be judged, involves not only an analysis of the description of the works contained in the technical documents, such as specification and drawings; it is also a matter of considering the risks that the contractor has assumed under the contract. The technical description of the works as contained in the contract documents will often contain ambiguities, gaps and contradictions. In order to determine the correct extent of the contractor’s obligations, it will be necessary to apply the principles of contract interpretation. This article deals with the matter of contract interpretation in light of assessing the scope of works by focusing on relevant England cases as many international construction contracts have English law as a governing law. Some England cases may provide good practical guidances for Korean contractors when they negotiate and adopt the construction contracts.