2024 Volume 80 Issue 23 Article ID: 24-23332
In recent years, there has been a diversification of ordering methods for public civil design as well as a shift in design method from specification-based design to performance-based design and revision of the standard terms and conditions for public engineering design contracts. Against this background, there is growing interest in contract management and a real necessity to properly understand and operate in accordance with terms and conditions for public works design contracts. In this study, comparative analysis was conducted to compare the sections of the terms and conditions for public civil design contracts (including public building and private building design contracts, etc.) related to copyright and the Design Act. As a result of the comparative analysis, it was confirmed that the contents of the terms and conditions of each type of contract differed regarding copyright and design rights. The contents of FIDIC’s Client/Consultant Model Services Agreement (White Book) also differed. Revisions to terms and conditions for public works design contracts regarding design rights and copyright responding to changes to design method and new deliverables are proposed based on this analysis.
