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KSCE Journal of Civil Engineering Construction Management

Vol. 10, No. 4 / July 2006


pp. 227~232

A Study on the Price Escalation System in a Construction Contract


By Minsoo Choi*, Jinu Kim**, and Moohan Kim***

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Abstract

The purpose of this study is to suggest policies to improve the price escalation system in a construction contract through a Policy
Delphi technique. The Delphi, including two times questionnaires and a group discussion, was conducted by joining 14 experts. We
also examined the escalation provisions of various countries. Results of the Delphi showed that the minimum fluctuation rate for
price escalation was desirable at a level of 3%. To compute the fluctuation rate, calculating the price fluctuation of overall articles was
more desirable than using price indices. A bidding date was more reasonable as the initial date of change in price. Losses caused by
price change should be shared between contractor and owner; therefore a deduction rate should be introduced in contract price
escalation. Meanwhile, overhead and profit should be adjusted in proportion to the fluctuation rate; but advance payment or the
delayed construction amount should be deducted from the adjusted amount.
Keywords: escalation, fluctuation rate, price change, adjustment, construction price index

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1. Introduction lump-sum contract. There maybe some changes in economic


conditions such as sharp fluctuation of prices, however, based on
In general, construction projects are usually of quite lengthy which the construction contract is carried out over a long period.
ranging from several months to several years. Also, such To cope with the possibility, most countries regulated the
construction projects are performed according to a pre- escalation clause in the law or conditions regarding construction
confirmed contract amount and contract agreement in principle. contract, accepting ‘circumstance-alteration principle’, which is
Therefore, there is a strong probability that the cost of labor and one of the judicial principles.
materials will rise and fall periodically, to a greater or lesser The ‘circumstance-alteration principle’ states that if a sudden
extent, during the life of the project. change of social circumstance, which is difficult to forecast in
The prices of construction materials in Korea had risen advance, happened after signing a contract, when enforcing and
suddenly from 2003 to 2004, which was caused by the rise in maintaining the contract lead to unfair results, the legal effect of
price of international raw materials. Nevertheless, though the the contract may be altered and terminated to cope with the new
price of specific material had risen suddenly, if the total circumstances.
construction price didn’t increase 5% and more, the contract The above clause referenced to change the contract amount in
amount couldn’t be adjusted. Thus, most contractors had to bear a construction contract, due to the change in price, is called an
considerable damage at that time, due to the sudden rise of Escalation Clause. ‘Escalation’ is a term used in most countries,
international raw materials or exchange rates under a lump sum including Korea, to indicate the extent of these changes from the
or fixed-price contract. Therefore, the provisions regarding commencement of a project through any point during its life. As
contract price escalation should be rearranged systemically to equivalent terms, ‘fluctuations’, ‘rise and fall’ and ‘contract price
cope with the sudden price changes. adjustment’ are used interchangeably.
The purpose of this study is to suggest policies to improve the
price escalation system, through a comparison of major country’s 2.2 The Price Escalation Provisions in Korea
regulations and Policy Delphi technique, including two times According to Article 19 of “The Act on Contracts to which the
questionnaires of experts on construction contracts and a group State is a Party” and Article 64 of Enforcement Ordinance of the
discussion. Act, the contract amount may be adjusted, when the adjustment
rate for the categories of articles (ARCA) or the adjustment rate
2. The Present Provisions For Price Escalation for an index (ARI), which is calculated by the Ordinance of the
And Arguing Points Ministry of Finance and Economy, has increased or decreased at
least 3% (before 8th of September 2005, it was a 5%).
2.1 Necessity of Price Escalation When at least 90 days has elapsed, since the signing date of a
In principle, construction work is performed according to the construction contract, or since the immediately previous adjust-
pre-confirmed contract amount and contract agreement under a ment date, the Act stipulates that the escalation shall be possible.

*Research Fellow, Ph.D, CERIK(Construction & Economy Research Institute of Korea)


**Ph.D, School of the Built Environment, The University of New South Wales, Australia
***Professor, Ph.D, Dept. of Architectural Engineering, Chungnam National University, Daejeon, Korea

Vol. 10, No. 4 / July 2006  227 


Minsoo Choi, Jinu Kim, and Moohan Kim

In the meantime, the part of construction which was supposed Step 1 : The results of the preliminary questionnaires were
to be completed before the adjustment date, shall be excluded classified into arguments and resolutions, and reflect them to the
from the adjustment. However, if construction is delayed, since a questionnaire. The first round questionnaire was conducted
project owner is responsible for the delay, or due to force through e-mail or fax. During this step some personal interviews
majeure including natural disaster, this shall be included in the were conducted to give shape to the arguing points.
adjusted amount. Step 2 : Based on the results of the first round questionnaire,
the experts met and debated on the final unresolved issues that
2.3 Arguing Points in relation to the Present Price Esca- failed to reach an agreement.
lation System Step 3 : After reviewing discussion results, a second round
There are lots of arguing points in relation to current provisions Delphi questionnaire was conducted. As a result of the second
for contract price escalation, for example, minimum fluctuation questionnaire, the opinions of participants tended to be
rate, initial date of price change, and method to calculate the remarkably concentrated. We terminated the Delphi process at
fluctuation rate, etc. the second questionnaire.
In this study, through the discussion with coauthors and several In our first round, 20 experts took part in the Delphi question-
interviews with experts, we were able to draw out 10 items of naire; by the second Delphi questionnaire and discussion, only
contention regarding the contract price escalation system as 14 panelists remained. The panel was comprised of civil servants
follows: (2), project owners (2), researchers (3), professors (3),
• What grade is reasonable as a MFR (minimum fluctuation constructors (2), and quantity surveyors (2).
rate) and a minimum elapsed period, which are the requirements
to request a price escalation? 4. Delphi Results (1): Fluctuation Rate and Deduc-
• Which index is more rational to adopt as the base for tion Rate
specifying the MFR; choosing from a) the consumer’s price
fluctuation rate, b) the construction cost index and c) the average 4.1 Indicator for Deciding the MFR
profit rate of construction companies?
• If an escalation amount is required, which method is more 4.1.1 Arguing Points and Discussion
useful between FRCA (the fluctuation rate for the categories of In order to reflect an escalation provision in a construction
articles) and FRI (the fluctuation rate for an index) as the contract, there is a need to recommend the specific level of a
preferred method to calculate the fluctuation rate? Moreover, is it MFR (minimum fluctuation rate) that enables a contractor to
necessary to specify the escalation amount or the method used to request a price escalation. However, when deciding the
claculate it on the concerned agreement in the contract stage? appropriate level of MFR, there were some arguments about
• Is it desirable to adjust the entire contract amount reflecting what indicator was most reasonable.
the change in price, if a certain level of fluctuation is surpassed? The alternatives that were suggested in the discussion with
Or, is it more appropriate for the contractor to bear the loss up to coauthors and experts were following three items: 1) the
a certain price fluctuation rate? consumer’s price fluctuation rate, 2) the construction cost index
• Which is more rational as the starting point to calculate the and 3) the average profit rate of construction companies.
price change? At the time of a) design completion, b) bidding However, most experts indicated that the profit rate of
and c) signing the contract. construction companies is apt to change according to business
• When the contract amount is adjusted, which is desirable as a fluctuation and alteration of bidding systems, for example, a
criterion to calculate completed construction amounts: scheduled lowest price award system. Consequently, if the MFR is fixed on
construction rate or actual construction rate? the basis of the profit rate of construction companies, there are
• When adjusting the contract amount according to price some valid points to argue that the MFR shall be changed
changes, is it necessary to adjust overhead and profit? frequently according to the fluctuation of construction business.
Is it necessary to adjust the contract amount, even if some
advance payment has been made? 4.1.2 Domestic and Foreign Cases
When looking at the situations in major countries, in Korea,
3. Delphi Procedure MFR was recommended at 5% during the time when the
escalation provision was introduced. Considering that the
In this study, a ‘Policy Delphi Method’ of joining experts on average profit rate of construction companies was around 10% at
construction contracts was used to deduce the solutions that that time, it was considered reasonable that constructors shall
enable us to formulate a rational approach to the escalation bear the loss up to 50% of the profit rate. Japan also fixed the
system in construction projects. The type of a contract premised MFR on the basis of the profit rate of construction companies
in this Delphi was a lump-sum contracts, which is a type widely when introducing an MFR of 1.5%.(Refer to ‘Standard Contract
used world-wide. Moreover, this Delphi dealt with construction Agreement for Public Construction Works’)
work where no price escalation factors were considered in the
cost estimation stage; where escalation provisions were reflected 4.1.3 Delphi Results
in the contracting stage. The Delphi questionnaires were For the question asking which indicator is most reasonable as a
conducted from May to June in 2004 according to a following criterion to determine the MFR, an average fluctuation rate of
process. consumer’s price index in the last several years showed 57.1%

 228  KSCE Journal of Civil Engineering


A Study on the Price Escalation System in a Construction Contract

and ranked first; followed by, a construction price index showing as 'acceptance'; thus, it can be understood that an actual contract
35.7%. Only 7.1% of our panelists believed the most reasonable was completed prior to the contract signing date.
criterion was an average profit rate of constructors. Based on the
Delphi results, it is desirable to decide the MFR on the basis of 4.3.2 Domestic and Foreign Cases
the inflation rate, for example, a consumer price index or When looking over the cases of major countries, while it is
construction cost index. regulated that price changes initiate from a contracting date in
Korea, the Philippines and Japan, in the case of the FIDIC
4.2 Optimum Level of the MFR conditions (the old version), the initial date of the price change
Referring to the major countries, Korea stipulated that the was prescribed as 28 days prior to the bidding date, when
contract amount may be adjusted, when the fluctuation rate has viewing when the construction cost was originally calculated.
increased or decreased at least 5%. Japan stipulated that the
contract amount may be adjusted if the fluctuation rate rises 4.3.3 Delphi Results
1.5% or more. In the Philippines, according to ‘Guidelines for As for the initial date in reckoning the price fluctuation, 42.9%
Contract Price Escalation’ published by NEDA (The National of the respondents indicated the design completion date, another
Economic and Development Authority), if price increases 42.9% believed bidding date was more applicable, while 14.3%
exceed 10%, the contract price may be adjusted. On the contrary, of the respondents indicated a contract signing date. This result
‘Conditions of Contract for Construction (1st Edition, 1999)’ in seems to be appropriate when taking into account that the price
FIDIC doesn’t prescribe a limit of increases or decreases in the fluctuation may arise from the design completion stage.
contract price, but the project owner and contractor shall state the Therefore, a contract signing date is not considered appropriate
limit clearly in the Appendix to Tender. to use as the initial date of the escalation, but a bidding date was
Meanwhile, 57.1% of the experts recommended that the MFR more appropriate when referring to Delphi results, as well as
is desirable at a 3/100 level provided that the total amount taking the legal characteristics of informal and consensual
increased shall be adjusted. Judging from the Delphi results and contracts into consideration.
major countries’ cases, the desirable MFR should be at a 3%
level. However, this result may be biased on the basis of Korea. 4.4 Calculating Method of the Fluctuation Rate
Accordingly, it is desirable that the MFR should be determined
on the basis of each country’s consumer price index or 4.4.1 Arguing Points and Discussion
construction price index. In general, if price escalation is necessary, there are two
methods to calculate the fluctuation rate: one is FRCA (the
4.3 Initial Date in Reckoning the Price Fluctuation fluctuation rate for the categories of articles), the other is FRI
(the fluctuation rate for an index). FRCA is a method to compute
4.3.1 Arguing Points and Discussion the fluctuation rate directly by calculating the price fluctuation of
In general, when calculating the fluctuation rate, it is necessary the total amount of all articles which comprise the contract
to compare the base date with the current date. Then, there were amount. FRI is a method to compute the fluctuation rate
some arguments regarding the base date (or initial date). From indirectly by using authorized price indices by contract items (for
the discussion, the following three options were suggested as example, materials, labor, etc.).
based date: 1) design completion, 2) bidding and 3) signing the In general, while using FRI is easy and convenient to calculate
contract. the fluctuation rate, it is difficult to reflect the characteristics of
However, in fact, the price change can happen after the time each specialized construction work. Meanwhile, FRCA can be
when the construction cost was calculated. In general, about 2~3 used to actually reflect the effects caused by the price fluctuation
months is required from the bidding date to the contract date. In of each article.
some cases, particularly in turn-key projects, the period from
design completion date to bidding date takes even two years. 4.4.2 Domestic and Foreign Cases
Consequently, some insist that the bidding date is desirable as an In Korea, both FRCA and FRI can be used. In public
initial date of price change, rather than the contract signing date. construction projects, the public official in charge of contracts
Meanwhile, there is an opinion that construction contracts shall indicate clearly on the contract, the calculating method of
have characteristics of informal and consensual contracts that the fluctuation rate discussed with the constructor at the time of
can be validated just by consenting between the two parties concluding the contract. Up until now, FRI which depends on
concerned (Cha, 2004). Here, ‘informal and consensual consumer’s price index, has been widely used as a method for
contracts’ states the contract founded upon and completed by the calculating the fluctuation rate.
mere consent of the contracting parties, without any external FIDIC prescribed that not only current cost indices but also
formality or symbolic act to fix the obligation. reference price can be used when calculating the adjustment
Therefore, the contract may become valid from the moment multiplier. ADB prescribed that the method of adjustment, which
when a successful bidder is decided upon at bidding stage and shall be indicated in the bidding documents, may provide for
the contract is awarded. If the successful bidder refuses the contract price escalation.
contract, the bid bond is confiscated to the project owner.
Accordingly, in terms of a general contract theory, it is possible 4.4.3 Delphi Results
that we can regard a bid announcement as an ‘offer’, and bidding As a method to calculate the fluctuation rate, panelists favored

Vol. 10, No. 4 / July 2006  229 


Minsoo Choi, Jinu Kim, and Moohan Kim

FRCA with a result of 64.3% which proved higher than FRI. to 3/100 as a reasonable deduction rate.
Most experts felt FRCA to be more reasonable in the long run. In principle, if the loss in relation to the change in price
Meanwhile, 92.9% of the respondents replied that it is required imposed to only a project owner (or client) is not reasonable in
that the project owner and contractor choose between FRCA and terms of the characteristics of a construction contract, it is
FRI, and specify it clearly in the contract document in the reasonable to recognize that the loss caused by the change in
contract stage. price be shared between the contractor and the project owner.
Judging from the Delphi results, there is a need to apply the Consequently, if the fluctuation rate is at a 3% level, we need
FRCA in order to reflect the precise characteristics of each to review a policy that a contractor shall bear the loss up to 2% of
specified article and the effect according to the price change. the total construction cost. In addition, we may unify the
However, because there are a lot of cases which cannot use minimum fluctuation rate and the deduction rate to 1.5% like
FRCA to reflect the overall articles, the calculation need to be Japan, rather than to separate them.
more computerized or standardized. Additionally, actual
transaction prices of major materials should be announced 5. Delphi Results (2): Conditions for Price Escala-
periodically from the authorized public agency. tion
Meanwhile, in order to expand the application of the FRI, there
is a need to announce the wage index, material index and 5.1 Minimum Elapsed Period
machinery expense index through a detailed classification by
construction type. In addition, announcement of a monthly 5.1.1 Arguing Points and Discussion
material price index is required. The period of wage surveys and When considering the administrative procedure for escalation
announcement periods should also be shortened. or the stability of a contract, it is necessary to prescribe a
minimum elapsed period that enables one to request the
4.5 Necessity of Deduction Rate escalation from the initial date or from the adjusted date
(meaning the date on which the grounds for adjustment have
4.5.1 Arguing Points and Discussion occurred).
If the price fluctuation rate of a construction project is above a Some experts argue that the minimum elapsed period for
certain level, there is some dispute whether or not the entire escalation should be a year after the initial date (for example, a
construction amount should be adjusted. In general, there were bidding date), taking into account the accounting and budgeting
two different viewpoints when compensating the loss to a systems of the public project owners. Also, although some
constructor provided that price escalation is needed. One is to material costs go up rapidly, there is an opinion expressed in the
adjust the remained amount of the contract fully, and the other is panel that the escalation should be conducted after the prices of
to adjust only some part of the increased amount. The latter case the materials become considerably stabilized.
means that contractor also shall bear some loss as it would then
be necessary to introduce a deduction rate. 5.1.2 Domestic and Foreign Cases
In case of the FIDIC conditions, the minimum elapsed period
4.5.2 Domestic and Foreign Cases to adjust the contract amount is prescribed as a month unless
In Korea, provided that the fluctuation rate surpasses the 3% otherwise stated in the Appendix to Tender. Additionally, the
level, the remaining contract amount may entirely be adjusted. minimum elapsed period is regulated at 90 days in Korea, 6
On the contrary, the FIDIC’s conditions recommend that full months in the Philippines, and 1 year in Japan. But, in Japan, a
compensation for any rise or fall in costs is not covered. Japan partial escalation is possible against a sudden rise in the price of
prescribes that the fluctuation rate for escalation is 1.5%. But, the specified materials within the year.
meaning of fluctuation rates is different from Korea. That is, the The reasons that the minimum elapsed period was
1.5% is both a minimum fluctuation rate and also serves as a recommended as 12 months from the initial date in Japan are as
deduction rate. Therefore, the only increased costs above 1.5% follows: a) The result of the national wage survey is announced
of the fluctuation rate can be adjusted. in December every year, b) the accounting system of public
While FIDIC conditions are based on a unit price contract, agencies is based on an annual budget in principle and c) major
Korea and Japan generally use a lump-sum contract system. materials can be purchased at the early stage of construction
Taking the characteristics of the lump-sum contract into account, work in advance because advance payment is required in most
it seems reasonable that Japan adopt a deduction rate when the public construction projects.(Refer to ‘Explanation for Standard
construction amount is escalated (Park, 2001). Contract Agreement for Public Construction Works’ 1996).

4.5.3 Delphi Results 5.1.3 Delphi Results


As a reasonable reduction rate, 35.7% of the experts replied Various opinions were stated in relation to the minimum
0%, meaning that they felt the deduction rate was unnecessary. elapsed period. Though 38.5% of the respondents answered 60
The remaining majority of 64.3% felt a deduction rate was days; historically it was showed to be approximately 106 days on
necessary. Accordingly, it can be concluded that the deduction average. In conclusion, generally three or more months is
rate should be introduced to share the risks inherent upon a required to adjust the contract amount, due to administrative
sudden price fluctuation between the owner and contractor. In procedures. Therefore, unless the exceptional provision is
addition, 50% of respondents recommended a grade from 2/100 introduced to reflect the price change of specific materials, the 90

 230  KSCE Journal of Civil Engineering


A Study on the Price Escalation System in a Construction Contract

days regulation as a minimum elapsed period might be a In relation to progress rates to be applied to escalation, 71.4%
necessary restriction. of the experts responded that the escalation should be carried out
based on the scheduled progress rate. It was felt that, in case of
5.2 Progress Rate to be applied to Escalation adopting the actual progress rate, it is complicated to calculate
the amount of actual completed work and there would be a
5.2.1 Arguing Points and Discussion possible delay in the escalation based on figuring out who was in
When adjusting the contract amount completed works shall be charge of the delay, if the construction period has been
excluded from the escalating amount. However, the question was prolonged. Therefore, judging from the Delphi, the remaining
raised: which is more desirable between actual progress rate and construction work that became escalation-targeted parts should
scheduled progress rate as a criterion to calculate the completed be estimated on the basis of the scheduled construction rate. But,
works. it is necessary to include the delayed construction amount,
arising from faults of the project owner.
5.2.2 Domestic and Foreign Cases
Looking over the related regulations in major countries, in 5.3 Overhead, Profit, and Advance Payment in Escalation
Korea, the part of construction that was projected as complete When adjusting the contract amount according to price
before the adjustment date shall be excluded from the adjusting change, there are some arguments whether overhead and profit
contract amount. However, if construction is delayed, if a project should also be adjusted or not. Looking over some cases, when
owner is responsible for the delay, or due to force majeure adjusting the contract amount, overhead and profit are excluded
including a natural disaster, that part shall be included in the in FIDIC conditions, but included in Korea.
adjusted amount. Meanwhile, in relation to escalation when advance payment
In the Philippines, in case the project is behind schedule based has been made, Korea stipulated that if any advance payment has
on the approved PERT/CPM network or schedule, price been made to a relevant constructor, the amount of advance
escalation is allowed on the portion of work that should have payment shall be deducted from the adjusted amount. In the
been, but was not, actually accomplished within the period based Philippines, no price escalation shall be granted for the portion of
on the applicable price index for the period in which it should work accomplished during the period corresponding to a value to
have been accomplished. the amount of advance payment.
Looking over Delphi results, when the contract amount is
5.2.3 Delphi Results adjusted, most experts (85.7%) responded that while overhead

Table 1. Delphi Results on the Issues in Contract Price Escalation


Question Replies Frequency %
Fluctuation rate of consumers price index 8 57.1
Indicator to determine the MFR (mini-
Fluctuation rate of construction price index 5 35.7
mum flctuation rate)
Average profit rate of constructors 1 7.1
5/100 5 35.7
Optimum level of the MFR that enables
3/100 8 57.1
to request the price escalation
10/100 1 7.1
Design completion date 6 42.9
Initial date in reckoning the pric fluctua-
Bidding date 6 42.9
tion
Contract signing date 2 14.3
FRCA(fluctuation rate for the categories of articles) 9 64.3
Method to calculatie a flutuation rate
FRI(fluctuation rate for index) 5 35.7
Speciflying the method to calculate the Necessary 13 92.9
fluctuation rate in a contract document Unnecessary 1 7.1
0/100 5 35.7
1/100 1 7.1
Reasonable deduction rate 1.5/100 1 7.1
2/100 3 21.4
3/100 4 28.6
30 days 1 7.7
60 days 5 38.5
90 days 3 23.1
Minimum elapsed period
120 days 2 15.4
180 days 1 7.7
1 year 1 7.7
Progress rate to be adopted in price esca- Actual progress rate 4 28.6
lation Scheduled progress rate 10 71.4
Include 12 85.7
Overhead and profit in price escalation
Exclude 2 14.3
Necessary to deduct 13 92.9
Advance payment in price escalation
Unnecessary to deduct 1 7.1

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Minsoo Choi, Jinu Kim, and Moohan Kim

Table 2. Comparison of the Price Escalation Provisions in Major Countries and FIDIC
Korea Japan FIDIC the United States
In case the adjustment rate
In case the fluctuation rate Forecasting price change in
Necessary conditions for for an index (or the catego- The adjustment by basic
increases or deceases by advance and including it in
price escalation ries of articles) increases or prices or base index figure
1.5% or more cost estimates
deceases by 3% or more
Starting date of price
90days since the signing 1 year (365days) since the
change and minimum wait- 28days prior to bidding date -
date of a contract signing date of a contract
ing period for escalation
Adjust only the contract The difference in cost
Adjust the entire contract Increased cost due to delay
Scope of adjustment by amount over 1.5% of fluc- between the basic price
amount reflected a price arising from project owner's
escalation tuation rate (contractor (index) and the current
change faults
bears the loss up to 1.5%) price (index)
Escalation for specified
Possible as a exceptional Possible (compensate for 3/
materials due to a sudden Possible Impossible in principle
cases 4 of losses)
economical crisis
Overheads and Profits in
Included - Excluded -
escalation

and profit should be included in escalation, the advance payment price changes.
should be deducted from the adjusted amount. In conclusion, • Construction work that was supposed to be completed before
considering that the overheads and profits are automatically the adjustment date should be excluded from the escalation-
calculated by multiplying a direct construction cost by a certain targeted construction cost.
rate, it is desirable to be adjusted the overhead and profit in • It is appropriate to adjust overhead and profit in proportion to
proportion to the fluctuation rate. But, if advance payment is the fluctuation rate. But any advance payments should be
supplied, considering that contractor can purchase the materials deducted from the adjusted amount.
in advance, before being subjected to price fluctuations, the
equivalent payment should be deducted from the adjusted References
amount.
Capano, C. D. and Karshenas, S. (2003). “Applying accepted economic
6. Conclusions indicators to predict cost escalation for construction.” ASC
Proceedings of the 39th annual conference, Clemson University,
Clemson, South Carolina, pp. 277-288.
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summarized as Table 1 as well as major countries cases can be date for calculating escalation cost in a construction project,
summarized as Table 2. CERIK, Korea.
In conclusion, Delphi questionnaires and panel member Davison, R. P. (2003). Evaluating Contract Claims, Blackwell
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summarized as follows;
1998 edition, Palgrave, pp. 151-165.
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rate of the consumer price index or construction cost index in UNSW Press, pp. 226-229.
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suggested minimum fluctuation rate is at the 3% level. affecting the cost escalation of construction projects.” Canadian
• It is desirable that the loss caused by a change in price is journal of civil engineering, Vol. 27, No. 1, pp. 73-83.
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Korea.
Accordingly, the deduction rate should be introduced in
Park, J. G. (2001). Construction Contract Theory, Donghwa tech.
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• A bidding date is more reasonable as the initial date of price Contract Agreements related to Construction, Daesung press, Japan.
change when regarding a bid announcement as an 'offer', and Research team for construction business laws, (1996). Explanation for
bidding as ‘acceptance’. Moreover, the 90 days' regulation ‘Standard Contract Agreement for Public Construction Works’,
should be necessary as the minimum elapsed period that enables Daesung press, Japan.
a contractor to request an escalation adjustment. Sierra, J. (1996). Basic contract administration principles, Addison
• The application of the FRCA should be expanded in order to Wesley Longman Australia Pty Limited, pp. 69-73.
reflect the characteristics of each article included in the contract
(Received December 27, 2005/Accepted July 5, 2006)
price and monitor their fluctuation effects exactly against the

 232  KSCE Journal of Civil Engineering

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