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