미국건설계약에서 다른 현장 조건 조항에 관한 연구 - 우리법과의 비교와 시사점을 중심으로 -

The U.S. construction industry and public and private owners have responded to the risk of unexpected subsurface conditions by including a “differing site conditions clause” in most standard form construction contracts. This paper examines the legal requirements and meanings of differing site condition clauses that are commonly used in U.S. construction contracts, and furthermore, compares and examines the legal requirements and meanings of differing site condition clauses in general conditions currently used in Korea to seek ways to improve differing site condition clauses in general conditions. We summarize them as follows: First, it is necessary to separate the differing site conditions clause from the change of design clause and make it its own clause. This is because the differing site conditions clause and the change of design clause have significant differences in their components, and the change of design clause is often insufficient to address the risk of differing site conditions. Second, the creation of a separate differing site conditions clause would require the creation of a Type II differing site conditions under U.S. construction contracts, which does not exist under our law. Third, if the general conditions govern the differing site conditions as a separate clause rather than as a design change clause, it is appropriate to adjust the contract price only for substantial or material differences.