The construction contract price variability

Abstract

How the phenomenon is explained that many works start with one price and end with another? Can the initial price of a construction contract definitely be fixed and unchanged? The objective of this article is to explain the variability from the uses of the industry and the effects produced by the various possible pricing clauses. The methodology is qualitative based on a hermeneutic approach of normative sources and cases, as well as the revision of bibliographic references in the legal field and construction engineering. The hypothesis is that the initial price of the contract is an estimate of the final price, unique, fixed and invariable of the contract. The price is the final price. This is demonstrated by the interpretation of the contract, an effort that belongs to the judge in litigation about differences between the initial price and the final one.