Transformation of the institute of modification and termination of construction contracts: regulatory innovations and law enforcement challenges

the article explores the current issues surrounding the transformation of the institute of modification and termination of construction contracts in the context of modern regulatory innovations and law enforcement challenges. It reveals the theoretical and legal foundations and historical evolution of this institute, analyzing its multi-level structure in current legislation. Special attention is given to the relationship between general and specific norms governing the grounds and procedures for the modification and termination of construction contracts. The study examines in detail the main methods of modifying and terminating contracts: by mutual agreement of the parties, through unilateral refusal to perform, and in court. The author conducts a comprehensive analysis of judicial practice regarding the qualification of a substantial breach of contract as grounds for termination, as well as the legal consequences of termination, including compensation for incurred costs, return of advances, and recovery of damages. Problematic aspects of law enforcement practice are identified, related to the ambiguous interpretation of grounds for unilateral refusal of a contract and the determination of the scope of compensation upon termination of a contract. Recommendations are formulated for improving the regulatory framework governing the institute of modification and termination of construction contracts, taking into account modern economic realities, including the digitalization of document flow and the development of new forms of construction financing.

construction contract, modification of contract, termination of contract, substantial breach of contract, unilateral refusal, judicial practice, civil law, contract law, construction legal relations, legal consequences