Permissible delay in shipbuilding contracts: analysis of grounds and procedures for extending the vessel delivery date by contractor

Authors
  • Варавенко Виктор Евгеньевич

  • Ниязова Марина Валентиновна

    Marina V. Niyazova. Vladivostok State University Vladivostok. Russia

Abstract

Abstract. Deadlines in construction contracts are one of the key parameters for achieving the goal of interaction between the parties, a marker for the proper fulfillment of a contractual obligation. At the same time, during the execution of the contract, situations may arise and require adjustments to the execution deadlines. The study is devoted to the analysis of the terms of standard contract agreements for the construction of marine vessels, which determine the grounds and procedure for changing deadlines at the initiative of the contractor. The article provides a review of the specified conditions of two standard shipbuilding contracts and performs a dogmatic (formally legal) analysis of their content. Based on the analysis of the norms of civil legislation, an assessment of the prospects for the implementation of these contractual decisions in the conditions of Russian civil law was carried out, and a politically legal assessment of these decisions was also given. The authors formulate a proposal for improving the procedure for changing the terms of standard shipbuilding contracts on the timing of work and transfer of the vessel to the customer, based on approaches to economic analysis of law.
Keywords: standard shipbuilding contract, permissible delay, economics of law, efficiency, transaction costs, litigation costs.