Title A Study on the Improvement of Long-Term Continuing Construction Contracts Dispute Using FGI
Authors Kim, Jae-Sik ; Lee, Jung-Won ; Lee, Min-Jae
DOI https://dx.doi.org/10.6106/KJCEM.2023.24.2.079
Page pp.79-87
ISSN 2005-6095
Keywords Long-term Continuing Construction Contracts; Construction Contract Dispute; FGI; Claims; Overhead
Abstract Given that most government contracts are based on a fiscal year, long-term continuing construction contracts require appropriate provisions as significant amounts of budget is supposed to be invested for several years. This study drew problems and improvements of the long-term continuing construction contracts by analyzing the contents of FGI and list of construction order. We found that a number of problems, such as the mismatch between laws and enforcement decrees, difference in calculating overheads due to the extension of construction period, many construction orders that are hard to see as budget efficiency and over investment in the final annual contract, were tangled up in the process. To solve the problems mentioned, we suggested several improvements as follows: (1) effect of total construction period and total amount should be guaranteed by a law, (2) it is suggested that the scope of long-term continuing construction contract is determined by a law, and (3) it should be clear about the calculation of overheads concerned with the extension of construction period as well as the estimation of construction period to prevent over investment in the final contract.