공사계약일반조건상 공기연장에 따른 비용청구권에 관한 소고- 채권자지체와의 비교․검토를 중심으로-

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.