تأثیر پوشش تعدیل سرمایه در بیمه‌های مهندسی بر کاهش دعاوی ناشی از تعدیل قراردادهای پیمانکاری

Objective: Price adjustment in construction contracts is a major source of disputes between public employers and contractors in Iranian civil projects. Inflation, exchange rate fluctuations, and rising material costs disrupt contract financial balance, leading to numerous claims in judicial and arbitration bodies. This research examines the role of capital adjustment coverage in engineering insurance in reducing such disputes and analyzes its relationship with the principle of indemnity and Article 10 of the Iranian Insurance Act.
Methodology: This applied, descriptive-analytical study relies on library and documentary data, including laws (Insurance Act 1937, Civil Code, General Conditions of Contract), insurance policies, and research reports. For quantitative analysis, secondary data from the Insurance Research Institute of Iran (2021) were used, comparing 50 civil projects—25 with capital adjustment coverage and 25 without.
Findings: Projects with capital adjustment coverage showed a 40–50% reduction in disputes over adjustment amounts, a 50% decrease in financial claims, and a 45% drop in arbitration referrals. Average dispute resolution time fell from 18 months to under 6 months. The average final adjustment discrepancy was 12% in covered projects versus 28% in non-covered ones. Legally, while Article 10 of the Insurance Act was designed to uphold the principle of indemnity, in Iran's chronic inflation and without a capital-updating mechanism, it often results in incomplete compensation.
Conclusion: Despite its benefits, this coverage remains underutilized due to conflicts between Article 10 and Article 29 of the General Conditions of Contract, lack of legal mandates, contractors' low awareness, and absence of a unified guideline for adjustment damage calculation. Key recommendations include amending Article 10 to require periodic capital updates in long-term projects, mandating adjustment clauses in insurance policies for government projects, and developing a standardized guideline for assessing adjustment damages.