Essential terms of contracts in the field of road construction

The article is devoted to the study of essential terms in the content of contracts in the field of road construction with due regard to the existing scientific approaches, provisions of current legislation and case law. The author analyzes the essence of the essential terms of contracts of this type and provides a list of such terms. The author establishes that the list of essential terms of road construction contracts is exhaustive and may be supplemented by legislation, parties and courts. In addition, the author recognizes the possibility of listing the list of essential terms and conditions within the relevant offer by a party to the contract as a priority. The study of the subject matter of a contract in the field of road construction in terms of the dichotomous “subject matter-contract” pair has created the prerequisites for supporting the position that the subject matter of a contract is understood as the result of construction works (engineering, geological, topographic, geodetic, hydrological, research and development, construction and installation works), i.e., a road as a complex object. It is indicated that the price of contracts of this type is reflected in the design and estimate documentation and should be classified by the method of determination and peculiarities of adjustment. The term of construction works may be differentiated depending on the components of the work according to the design and estimate documentation. It is noted that if the term is included in the list of essential conditions, the provision on reasonable terms cannot be applied. The author classifies terms and makes proposals for bringing the provisions of legal acts in this part into line with the terminology and requirements of the Civil Code of Ukraine. The author supports the idea of including provisions on the parties’ liability for improper performance or non-performance of obligations among the essential terms of a contract in the field of road construction. Attention is drawn to the specifics of essential terms in the content of contractor agreements and related investment agreements in the field of road construction. Given the importance and specifics of implementation of this type of contracts, the author suggests that it is possible to determine the list of essential terms in a standard contract with due regard for the nature of special contractual structures in this area.