Regulations on complaints and dispute resolution in construction contracts

Article overview

Construction contracts disputes are a common problem in this field, which can affect project progress and quality. For effective resolution, it is important to understand the complaint regulations and dispute resolution process. In the following article, Long Phan will provide detailed information about the construction contract complaint and dispute resolution process, along with optimal solutions to ensure customers’ rights.

Notes on complaints and construction contract dispute resolution
Notes on complaints and construction contract dispute resolution

Complaints during construction contract implementation

What are the complaints when implementing construction contracts?

According to the provisions of Article 44 of Decree 37/2015/ND-CP, when performing a construction contract, if one party discovers that the other party does not comply with its obligations under the contract, that party has the right to request the other party to perform according to the committed terms. In this case, the party that discovers the violation has the right to make a complaint against the party that does not comply with the content of the contract.

Construction contract complaint process

According to Article 44 of Decree 37/2015/ND-CP. Complaints about construction contracts will be carried out according to the following regulations:

  • Grounds for complaint: When a party makes a complaint, it is necessary to provide specific grounds and evidence to clarify the content of the complaint.
  • Notification period: Within 56 days of discovering a breach of contract, the discovering party must notify and complain about these issues. If not done within this time, the parties must comply with the signed agreement.
  • Response time: The party receiving the complaint has 28 days to provide grounds and evidence to prove that the complaint is inappropriate. If there is no comment within this time, the complaint will be considered accepted.
  • Complaint sending address: Each complaint must be sent to the correct agreed-upon transaction address. If not resolved, the dispute will be handled according to the provisions of Article 45 of this Decree.
Complaints about construction contracts
Complaints about construction contracts

Resolve construction contract disputes

Principles for resolving construction contract disputes

Pursuant to Clause 8, Article 146 of the Law on Construction 2014, it stipulates principles for resolving construction contract disputes that the parties need to pay attention to. Specifically, the following principles include:

  • Respect contractual agreements and commitments during contract implementation, ensuring equality and cooperation;
  • Contract parties are responsible for negotiating and resolving disputes themselves. In case the contract parties cannot negotiate on their own, the dispute will be resolved through conciliation, commercial arbitration or court according to the provisions of law.

Procedure for resolving construction contract disputes

The process for resolving construction contract disputes is specifically stipulated in Article 45 of Decree 37/2015/ND-CP. Specifically:

Case 1: The parties to the contract have agreed to resolve contract disputes through conciliation. When handling contract disputes through the dispute resolution board, it is carried out as follows:

  • Step 1: Establish a dispute resolution committee: The dispute resolution committee can be stated in the contract right from the time of signing or established after a dispute arises. The number of members is agreed upon by the parties, and they need to have professional qualifications, experience in resolving contract disputes, and an understanding of legal regulations related to construction contracts.
  • Step 2: Conciliation conclusion: Within 28 days of receiving the conciliation conclusion, if one party does not agree, that party has the right to object. If there is no objection within this period, the parties will have to comply with the conciliation conclusion.
  • Mediation costs: The cost of the dispute resolution board is included in the construction contract price, and each party will bear half, unless otherwise agreed.

Case 2: If the parties to the contract do not have an agreement to resolve the contract dispute through mediation, they will sue according to Arbitration procedures or the statute of limitations for filing a lawsuit with the Court to resolve construction contract disputes. The statute of limitations for filing a lawsuit will be implemented according to relevant provisions of the law.

Resolve construction contract disputes according to regulations
Resolve construction contract disputes according to regulations

Consulting on complaints and resolving construction contract disputes effectively

With a team of experts with a deep understanding of construction law, we provide services to resolve issues related to contract disputes. In-depth consulting services on construction contract disputes at Long Phan include:

  • Consulting on legal regulations related to construction contracts.
  • Analyze contract terms to identify weaknesses and potential for disputes.
  • Support and guide the complaint process, and help draft complete and valid complaint documents.
  • Represent and support clients in mediation procedures between parties.
  • Advise on effective strategies for handling disputes, including methods of negotiation and negotiation.
  • Support document preparation during the dispute resolution process.

By clearly understanding legal regulations and effectively applying dispute resolution methods, businesses not only minimize risks but also build sustainable cooperative relationships with partners. Therefore, Long Phan always listens, analyzes and offers the most suitable solutions for customers. If you need support regarding a construction contract dispute, do not hesitate to contact Long Phan via hotline: 0906735386 for detailed advice in the fastest and most effective way.