Original scientific paper

https://doi.org/10.31141/zrpfs.2023.60.149.495

Price escalation in construction contract

Hrvoje Markovinović orcid.org/0000-0002-5376-3461 ; Pravni fakultet Sveučilišta u Zagrebu

Abstract

The price escalation clause in the construction contracts is analysed in this paper. It starts with the
general regime which regulates contract price adjustment clauses as a mechanism which corrects the
principle of monetary nominalism. Analysis first focuses on the legal nature and function of protective
clauses, especially cost fluctuation clauses. After that, analysis shifts to the legal framework for cost
fluctuation clauses in the construction contract. Special attention is given to contentions which are
observed de lege lata. The existing legal framework is criticized and solutions for the regulation of
cost fluctuation clauses in the construction contracts de lege ferenda are proposed.

Keywords

construction contract; cost fluctuation clause; monetary nominalism

Hrčak ID:

309478

URI

https://hrcak.srce.hr/309478

Publication date:

6.11.2023.

Article data in other languages: croatian

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