In case of changing construction methods after being approved by the employer in order to accelerate the progress, ensure quality, safety and efficiency, the payment and settlement of construction contracts shall comply with the contract's contents. signed between the parties.

Mr. Duong Quang Nam (in Dien Bien) is assigned by the agency to be the project management consultant for the project in remote areas. In particular, the construction package is approved according to the construction drawing design: Materials, construction materials of the bidding package must be transported from the position of a motorway to the work is 3 km; manual excavation and foundation excavation works.

The contractor wins the above tender package according to the signed bid and package contract annex. Construction measures include: Materials and materials transported from the position with a motorway to the work is 3 km; manual excavation and foundation excavation works.

The contractor wins the above tender package according to the signed bid and package contract annex. Construction measures include: Materials and materials transported from the position with a motorway to the work is 3 km; manual excavation and foundation excavation works.

After starting the work, the contractor changed the construction method: Self-compensation agreement with the people, using an excavator to open the 3m road to transport materials by minivans from the motorway to the construction site; manual excavation and foundation excavation works are shifted to excavating machines.

Mr. Nam would like to ask, was the acceptance test of construction works (digging the foundation pit by hand), the payment unit price (the price of material for transportation) under the signed package contract in accordance with the current law. on construction or not? Is it necessary to re-approve the bidding package price and re-sign the contract annex according to the new construction method by machine?

The Ministry of Construction answers this issue as follows:

Package contract price is the contract price unchanged during the performance of a contract for the volume of jobs within the scope of the signed contract, except for force majeure cases and change of scope of work.

Package contract payment records are made according to Point a, Clause 1, Article 20 of the Government's Decree No. 37/2015 / ND-CP of April 22, 2015, detailing construction contracts.

In case of changing construction methods after being approved by the employer in order to accelerate the progress, ensure quality, safety and efficiency, the payment and settlement of construction contracts shall comply with the contract's contents. signed between the parties and in accordance with the provisions of law applicable to the contract and not contrary to the bidding documents or request for proposals, on the principle of ensuring the rights and obligations of the parties.