| Abstract [eng] |
The change of the price of the work contract is considered to be one of the most controversial issues in the performance of the work contract. This is because failure by the contractors to reach a consensus on the change of the price of work contract and the misapplication of the base for the work contract raises the dispute of changing the price of the work contract, which often leads to losses. Therefore, in order to avoid this, it is necessary to identify not only the mistakes made in the pricing of works, but also to evaluate the bases of change of the price of work contract, according to which the price of work contract may be reasonably changed. The first part of this Master's thesis is a detailed analysis, which consists of the pricing of works and its importance in changing the price of works specified in the contract. It should be noted that the parties, depending on the specific scope and complexity of the subject of the contract, must choose the appropriate method of the pricing of works. In this way, not only the risks associated with changing the price of work contract during the execution of the contract, but also the risks associated with losses are avoided. This part also identifies the context in which the most appropriate pricing method is the most suitable to determine the price of the works. However, the risk of changing the price of the work contract, even if the appropriate method for determining the price of the work is chosen, remains. The second part of this Master's thesis presents the analysis of the change in the price of the works set out in the contract. The author distinguishes the ways of changing the price of works that are recognized in international practice, which are widely applied in Lithuania, though not linguistically dividing them into separate ways. This part raises problems related not only to the work contract but also to the change of the price of the works specified in the construction contract. It also analyses what exceptions can be applied to change a fixed price, despite the statutory prohibition on changing this price. It should be noted that this part also distinguishes for what reasons and how the price of works specified in the contract can be reduced. The third part of this Master's thesis analyzes the issues related to the change of the price of the works awarded by the public procurement contract. The imperative legal regulation of public procurement means that it is first necessary to assess whether a contract concluded in a particular case can be changed, i. y. the parties do not have the right to make changes to the contract in the absence of a contractual or statutory basis. In addition, this part also distinguishes between substantial differences in the price of the works awarded by a public procurement contract and the price of works contracted by economic operators (other than contracting authorities or contracting entities). |
