Fri, Jun 28, 2019, 16:34:00
(Chinhphu.vn) - Mr. Do Hai Dien (from Nam Dinh Department of Agriculture and Rural Development) would like to request authorities to guide the adjustment of construction contracts when changing the construction location.
Investment projects was approved, selected construction contractors and signed construction contracts.
In the process of construction, due to some changes in site conditions (force majeure reasons), it made some positions impossible to construct, it is necessary to survey and design additional projects, including additional design into another location to ensure volume.
The provincial People's Committee had a decision approving the project adjustment; The total volume and cost estimate of the project do not exceed the initial estimate. The current job is to adjust the construction contract with the construction contractor.
Mr. Dien would like to ask, in this case, is the investor allowed to sign the construction contract adjustment? Does the contractorhave to re-bidding for additional design?
The Ministry of Construction answers this issue as follows:
The adjustment of construction contracts shall comply with the contents of the contracts signed between the parties and the relevant law provisions applicable to the contracts.
The adjustment of the workload in the contract shall comply with Article 37 of the Decree No. 37/2015 / ND-CP dated April 22, 2015 of the Government detailing construction contracts.
The adjustment of the contract price shall comply with the guidance in the Construction Ministry's Circular No. 07/2016 / TT-BXD dated March 10, 2016, guiding the adjustment of construction contract prices.
