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Adjusting the progress of construction contracts there may be many different reasons that lead to having to adjust the implementation schedule. This process requires agreement between the investor and contractor and compliance with certain conditions. In the article below, we provide detailed instructions on adjusting the progress of construction contracts.
In a construction contract, the parties must agree on cases where progress can be adjusted.
According to the provisions of Clause 1, Article 5 of Circular 02/2023/TT-BXD, adjusting the progress of construction contracts are implemented according to the provisions of Article 39 of Decree 37/2015/ND-CP. Specifically as follows:
When adjusting the contract progress does not prolong the contract implementation progress (including the time allowed for extending the contract implementation progress according to the provisions of the construction contract), the investor and contractor shall negotiate and agree on the adjustment.
In case the schedule adjustment prolongs the contract implementation progress, the investor must report to the person with investment decision-making authority for consideration and decision.
When adjusting the progress of a construction contract according to case 1, the Principal and the Contractor are responsible for assessing the impact of force majeure events on the progress of the construction contract to determine and decide. Adjust accordingly.
In case of temporary suspension of work at the request of the competent state agency in case 4, the following tasks must be performed:
When falling into one of the cases of adjusting the progress of construction contracts implementation, the following steps must be taken;
Step 1: Identify the cause and evaluate the impact
The party requesting the adjustment needs to provide evidence of the event affecting progress. The parties will jointly evaluate the impact of the event on the progress of contract implementation. The assessment should be based on specific data such as:
Step 2: The parties agree on an adjustment plan
Based on the evaluation results, the principal and contractor will discuss and agree on the level of progress adjustment. This agreement should note the following issues:
If the adjustment does not prolong the overall progress of the contract, the two parties can reach an agreement.
Step 3: Approve and make adjustments
If the adjustment prolongs the overall progress of the contract, the investor must report to the person with investment decision-making authority for consideration and decision. After approval, the parties will sign a contract appendix on schedule adjustment. This appendix becomes an integral part of the original contract and has legal effect.
Long Phan provides professional consulting services on adjusting construction contracts. A team of experienced experts is ready to support customers. Our services include:
Adjusting the progress of construction contracts requires a clear understanding of adjustment cases and implementation processes. Long Phan brings optimal solutions for all your construction projects. For detailed advice on adjusting construction contract progress, please contact the hotline 0906735386 for the best support.
Note: The content of the articles published on the website of Long Phan Investment Consulting Company is for reference only regarding the application of legal policies. Depending on the time, subject, and amendments, supplements, and replacements of legal policies and legal documents, the consulting content may no longer be appropriate for the situation you are facing or need legal advice on. In case you need specific and in-depth advice according to each case or incident, please contact us through the methods below. With our enthusiasm and dedication, we believe that Long Phan will be a reliable solution provider for our clients.
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