물가변동에 따른 건설 하도급대금 조정방법에 관한 연구

Abstract

Construction work, in its special quality, has a wide open risk according to the escalation. In case of the public construction, the national law of contract and the subcontracting law regulates the control of contract amount in order to curtail contractor's burden of this risk and enable original contractors and subletting contractors to be applied by the regulation of the law. In this sense, it has been necessary for the original contractors and the subletting contractors to be arbitrated by the appropriate amend of the related constitution in the wake of the possible occurrence of disadvantage due to quite a different interpretation for the control of contract amount between them caused by the various amount of production for the escalation with their argument in different views from their subletting amount because of the ambiguity of the subcontracting law clauses. This study aims at presentation of an appropriate alternative idea of controlling the contract amount according to escalation between the original contractors and the subletting contractors, analyzing the current articles related to escalation in the subcontracting law