Judgment

Judgment

Conract Extension in the General Conditions of Contract (Publication No. 4311) and Its Relation to the Change of Duration

Document Type : Scientific

Authors
1 Assistant Professor, Department of Law. Faculty of Literature and Humanities. University of Guilan. Rasht. Iran.
2 Ph.d. student in Private Law, Faculty of Literature and Humanities, University of Guilan, Rasht, Iran.
3 MA. In Criminal Law, Faculty of Literature and Humanities, University of Guilan, Rasht, Iran.
10.22034/judg.2025.2060420.1468
Abstract
Given that in government contracts governed by the 'General Conditions of Contract,' it is possible that the project may not be completed within the initial contract period, the extension, change of the duration, or renewal of the contract may be questioned. Pursuant to Article 30 of the General Conditions of Contract, titled "Change of Duration," the employer may only extend the contract by the amount of the contractor's authorized delays, the instances of which are enumerated in the ten cases listed in paragraph "A" of the mentioned article. Considering the title of the article and the possibility of both decreasing and increasing the duration, it is believed that the instances enumerated in this article pertain to changes in the contract duration and are different from the concept of extension. Also, in Article 30(A) (10) of the General Conditions of Contract, the employer is permitted, based on other circumstances which, in their own judgment, are beyond the contractor's fault, pursuant to paragraph (C) and at the end of the initial contract period, to extend or renew the contract. The main question is whether there is a difference between the concepts of "change of duration," "extension of duration," and "renewal of contract" in the General Conditions of Contract. Are the instances mentioned in Article 30 regarding extension, change, or renewal exhaustive? This research with a descriptive and analytical method, concludes that paragraph (C) of Article 30 implies no difference between the concepts of "change of duration" and "extension of duration." However, considering the formalities involved in entering into a new contract, this article cannot be interpreted as referring to the renewal of the contract. Although the legislator has attempted to enumerate the cases of contract extension, the existence of paragraph 10 of Article 30 has opened the way for the indefinite expansion of contract extension cases. Therefore, it is recommended that the legislator precisely limit the cases of contract extension.
Keywords


Articles in Press, Accepted Manuscript
Available Online from 01 October 2025

  • Receive Date 15 May 2025
  • Revise Date 29 August 2025
  • Accept Date 01 October 2025