공공계약 금액 조정에 따른 법적 쟁점 연구

The three main types of contract amount adjustment are design changes, price fluctuation and other contract condition changes. Contract amount adjustments caused by price fluctuations or design changes are mostly completed within the construction period because they are discussed frequently and periodically whenever they happen. But contract amount adjustments caused by time extensions due to unpredictable reasons (e.g. budget shortages, natural disasters, civil affairs, delays in construction permits, leading process delays, strikes, etc.) including irresistible forces and losses thereof (direct costs, indirect cost, labor costs, expenses, etc.) are frequently on debate about whose liability they are and how to measure cost and payment criteria between the Owner and the Contractor. Recently, there is an active move of construction companies to find their legitimate rights through Dispute Resolution Committees or lawsuits. In this study, overall concepts in the relevant law system (direct cost, indirect cost, extension of construction time, delay liquidated damages, delay compensation, and classification by contract method) have been reviewed in advance; the current domestic calculation method for the cost during construction extension period has been introduced on the basis of the calculation criteria for indirect cost and the actual case of direct cost calculation; and the content of dispute per each type as to the disputed matters caused by extension of the construction time as well as the improvement measures have been examined.