When is it possible to extend the execution time of a construction contract? What contents must be included in the performance schedule of construction contract in Vietnam?
What is included in the content and workload in the construction contract in Vietnam?
Pursuant to Clause 6.2, Article 6, Appendix 3 issued together with Circular No. 02/2023/TT-BXD stipulating the content and volume of work in the construction contract as follows:
- Handing over and receiving, managing the construction site, receiving and preserving the heart, core and landmarks of the work;
- Supply of construction materials, human resources, construction machines and equipment for the construction of works under the contract;
- Construction of works in accordance with approved design documents and current construction regulations and standards;
- Carry out surveying and monitoring works according to design requirements. Carry out the test, test the single dynamic test and the interlock test according to the plan before requesting acceptance;
- Quality control of construction work and equipment installation; supervise the construction of works for construction works performed by subcontractors in the case of main contractors or general contractors;
- Handling and overcoming errors and defects in quality during construction (if any);
- Testing and checking the quality of building materials and construction components;
- Carrying out pre-acceptance test for the transition of construction work, pre-acceptance test for construction stage or construction work part, acceptance test for completion of work items or construction works;
- Carry out the work of ensuring safety, environmental protection and sanitation, fire prevention and fighting;
- Protect the construction site and ground within the scope of the construction contract;
- Carrying out the work to ensure security and order for the construction site;
- Cooperation with other Contractors on site (if any);
- Clean up the construction site and hand over construction products after completion;
- Other jobs in the course of contract performance as agreed upon in the contract, documents attached to the contract and provisions of law.
When is it possible to extend the execution time of a construction contract? What contents must be included in the performance schedule of construction contract in Vietnam?
What contents must be included in the performance schedule of construction contract in Vietnam?
Pursuant to Clause 8.3, Article 8 of Appendix 3 issued together with Circular No. 02/2023/TT-BXD stipulating that the performance schedule of construction contract must contain the following contents:
- The order of the Contractor's work and the construction time for each main stage of the work;
- Process and time of inspection and verification;
- The Contractor's progress report must show:
+ Measures to organize construction on the construction site and the main stages in the construction of works;
+ The contractor is allowed to adjust the detailed schedule by week or month, but it must be consistent with the overall progress of the contract.
+ The contractor must follow the construction schedule and his obligations under the contract. If this construction schedule is not in accordance with the contract, the project owner will notify the Contractor within ... days after receiving the Contractor's construction schedule and the parties agree on the actual construction progress. The project owner will be allowed to rely on the construction schedule in accordance with this fact to request the Contractor to follow the progress of the contract.
+ Where the Contractor informs the project owner of specific situations that may occur in the future that may adversely affect or delay the construction of the Works or increase the contract price. In that case, the project owner or the consultant may require the Contractor to report on the effects of future circumstances and make recommendations in accordance with clause 8.4 [Adjustment of construction contract schedule]. The Contractor shall submit to the project owner a revised construction schedule in accordance with this Clause.
In what cases can the execution time of a construction contract be extended?
Pursuant to Clause 8.4 Article 8 Appendix 3 promulgated together with Circular No. 02/2023/TT-BXD stipulating cases in which the execution time of a construction contract can be extended include:
- The project owner does not give the Contractor the right to access and use parts or the whole of the Site within the stipulated time;
- The project owner delays without reason in issuing the minutes of acceptance of the work;
- The Contractor complies with the instructions of the project owner when the instructions of the project owner are in accordance with the regulations, arise, and are not included in the previous agreement.
- The Contractor is allowed under Article 24 [Complaints and Disputes] to extend the completion time if due to one of the following reasons:
- There is a change in the scope of work, design and construction methods at the request of the project owner, affecting the contract performance progress;
- Due to the influence of force majeure circumstances;
- Delays and obstacles on the construction site caused by the project owner, the project owner's personnel or other Contractors of the project owner such as: the handover of the site is not in accordance with the agreements in the contract, the related procedures affecting the progress of contract performance through no fault of the Contractor;
- Due to the project owner's failure or delay in capital payment as prescribed in the contract.
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