장기계속공사계약에서 공기연장과 계약금액조정 관련 법적 쟁점

According to a recent Supreme Court ruling, the total construction period of the overall contract in a long-term construction contract is a provisional standard for concluding each annual contracts and do not have conclusive binding force. Therefore, the counterparty can adjust the contract price only through the extension of the construction period of each annual contracts, not through the total construction period. Although the Supreme Court ruled emphasizing the formality of public contracts and the principle of annual settlement of construction costs, it is necessary to find an interpretation and institutional improvement that can effectively reconcile the trust and profits between the parties in adjusting the contract price due to the extension of the construction period in the long-term construction contract. This article proposes a plan to realize the contract price adjustment principle due to the extension of each construction period in annual contracts, claim additional costs spent during the gap between each construction period of annual contracts, claim additional costs through creditor delay system, and recognize the adjustment of contract price due to extension of the total construction period. In addition, this article presents improvements to solve practical problems concerning the extension of the construction period and the adjustment of the contract price such as force majeure, acceleration of work, concurrent delay, competion of change order and the extension of construction period, reduction of contract adjustment payment and the effectiveness of the waiver agreement of overhead costs.