A STUDY OF SHOULDERING OF COMPENSATORY LIABILITY FOR DELAYED CONSTRUCTION FERIODS FOLLOWING BAD WEATHER CONDITIONS

In the case that construcion period is delayed because of the force majeure such as a typhoon or a flood, the owners in general should compensate the damages caused by those. But with exception the weather worsening of ordinary level is paid by contractors, while that of exceptional level by the owners. It is critical that it is difficult to distinguish objectively between ordinary and exceptional level weather worsening. Although the term of "ordinary" itself is too abstractive, we can reduce the disputes between owners and contractors by setting the appropriate and objective standard of distinction. For example in the case of rainfall it may be the standard of distinction whether the days of actual rainfall exceed those of average rainfall or not. If the days of actual rainfall don't exceed those of average rainfall contracters should pay the damages because it is distinguished with a ordinary level weather worsening. Besides the standard of distinction in another weather worsening such as severe cold/hot, strong wind etc. which have a effect on delaying the term of works could be settled as a similar model.