Mr. Thanh Phong (Binh Duong) asked the authorities to answer questions related to design changes at some locations during the construction of drainage ditches.

According to Mr. Thanh Phong, the project to build a drainage ditch consisted of 3 bidding packages. In which, for the 800m-long XL01 package, the specialized Department has appraised the construction drawing design dossiers and cost estimates and inspected the work construction and pre-acceptance test.

Because the package does not have a geological survey, during the foundation excavation process to the design bottom height, found that it was soft soil, the investor had invited relevant parties including the specialized Department to agree to raise the design bottom level in a number of positions to ensure the laying of reinforced concrete ditch foundation without any foundation treatment of soft soil (due to the construction in the rainy season, the soil layer to the design level of foundation bottom was sandy soil mixed with mud, lying on the sandy soil layer of about 1m thick).

During the construction process (rainy season construction), the supervision consultant unit and the construction unit automatically raised the adjustment level throughout the 400m length of the route. When discovered, the investor requested the design consultant to re-check the elevation to calculate whether the drainage slope was guaranteed according to the original design, and the design consultant concluded that it was still secure.

The construction package has been completed and operated well, ensuring water drainage without causing foundation subsidence, however, the construction drainage measurement is different from the original design documents.

Mr. Phong asked, for the package to be tested and accepted in accordance with legal regulations, whether the investor and related units can request the construction unit to measure, draw and prepare work completion dossiers according to reality or it must be submitted an application for design adjustment to have a basis for making completion drawings?

The Ministry of Construction responded to this issue as follows:

The adjustment of work construction design is prescribed in Article 84 of the Law on Construction No. 50/2014/QH13:

“Article 84. Adjustment of construction designs

1. An approved work construction design may be adjusted only in the following cases:

a) When adjustments to the construction investment project require adjustments to the construction design;

b) In the course of construction, there emerge requirements to adjust the construction design to ensure quality of the work and efficiency of the project.

2. For adjustments to a construction design under Clause 1 of this Article which will result in changes in construction geology, design load, structural solutions, materials of force-bearing structures, or construction organization solutions affecting the force-bearing safety of the work, such adjustments shall be appraised and approved under Article 82 of this Law.

The construction design has been appraised and inspected by the Department of specialized construction work-managing. It is suggested that Mr. Phong should contact the local Department of specialized construction work-managing for guidance and handling.