Abstract

The method of defining remuneration in a public construction works contract is essentially connected with the risk of incurring higher costs which were not taken into account by the parties at the stage of concluding the contract. The possibility of increasing remuneration of a construction works contractor is determined not only by the public procurement law, but above all by the provisions of the Civil Code concerning remuneration of a construction works contractor. Adoption of the lump-sum form of remuneration largely restricts the possibility to claim its increase, even if at the stage of concluding the contract the volume or cost of the works could not be foreseen. The question of contractor’s risk connected with the lump-sum form of remuneration is not resolved by the possibility of having it increased by the court because this solution is permissible only in case of an extraordinary change of circumstances, which could not have been foreseen, and execution of the work might bring about a glaring loss to the contractor. On the other hand, use of cost estimate remuneration, which distributes the contractual risk relatively evenly, requires that the contract implements the provisions which will help avoid possible conflicts related to interpretation of Art. 630 and 631 of the Civil Code.