General Regulations on Construction Contracts: Some Appellate Judgments on Construction Contract Disputes

1. General Provisions on Construction Contracts

According to the provisions of Article 138 of the 2014 Construction Law, a construction contract is a civil contract agreed upon in writing between the employer and the contractor to perform part or all of the work in construction investment activities.

The principles for signing construction contracts include:

- Voluntary, equal, cooperative, not contrary to the law and social ethics;- Ensure sufficient capital to make payments as agreed in the contract;- The selection of the contractor has been completed and the contract negotiation process has concluded;- In case the contractor is a consortium of contractors, there must be a consortium agreement. Members of the consortium must sign and seal (if any) the construction contract, except for cases where the parties have other agreements.

Additionally, the principles for executing construction contracts include:

- The parties must strictly adhere to the commitments in the contract regarding the scope of work, quality requirements, quantity, type, deadline, method, and other agreements;- Honesty, cooperation, and compliance with the law;- Do not infringe on the interests of the State, community, and legitimate interests of other organizations and individuals.

Furthermore, the law stipulates that the language used in construction contracts is Vietnamese. In case of participation by foreign parties in the construction contract, the language used shall be Vietnamese and another language as agreed by the contracting parties.

A construction contract must be signed and executed in accordance with the provisions of this Law and relevant legal provisions.

2. Some Appellate Judgments on Construction Contract Disputes

Below is a compilation of some appellate judgments on construction contract disputes:

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