The Mechanism of Dispute Arising in Construction Contracts

Chapter 10

The Mechanism of Dispute Arising in Construction

Contracts

Masamitsu Onishi, Kyoto University

Toshihiko Omoto, Kyoto University

Kiyoshi Kobayashi, Kyoto University

Introduction

A construction contract can be characterized by a lot of unforeseen and indescribable

contingencies; rendering it incomplete [1]. When an unforeseen contingency arises, the Contractor

notifies the Engineers of necessity to modify the conditions of initial contract. Contractual

disputes between the Contractor and the Employer often arise eventually resulting in bring

extensional costs and time. As far as a construction contract is incomplete, the Contractor's

serving notices to the Engineer is justified. However, Contractors are generally more accessible