A CONSTRUCTION CONTRACT PRICING
DOI:
https://doi.org/10.30925/zpfsr.45.1.1Keywords:
construction contract, price, price adjustment, sliding scale, changed circumstances.Abstract
The price is a particularly important element in a construction contract, which results from a large number of rules that regulate the way the price is determined, as well as price changes after the conclusion of a construction contract. Special
attention is drawn to the rules regarding price adjustments that deviate from the general institutes of contract law (amendments or termination of contracts due to changed circumstances), which themselves are exceptions to the basic principles of
law of obligations (pacta sunt servanda). In legal theory, the legal nature of some of these rules is disputed. The question remains open as to whether it is a dispositive or mandatory rule that governs price adjustments in the case when a fixed price has
been agreed. Literature also examines the relevant moment of determining the price change.
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