Rights and obligations of the investor supervising construction works

Article overview

The investor supervises construction works not only to help ensure project quality but also protect your financial and legal rights. Especially, with projects involving foreigners, understanding the rights and obligations when supervising construction is extremely important to avoid unnecessary risks. Through the following article, Long Phan hopes to help you understand the rights and obligations of investors when supervising construction projects.

What are the rights and obligations of the investor supervising construction works?
What are the rights and obligations of the investor supervising construction works?

Requirements for construction works

Pursuant to Article 111 of the Law on Construction 2014, requirements for construction work are:

  1. Comply with approved construction designs, standards, and technical regulations applicable to the project, and legal regulations on the use of construction materials; Ensuring load-bearing safety, safety in use, aesthetics, environmental protection, fire and explosion prevention, and fighting and other safety conditions according to the provisions of the law.
  2. Ensuring safety for construction works, people, construction equipment, underground works and adjacent works; Taking necessary measures to limit damage to people and property when unsafe incidents occur during the construction process.
  3. Implement specific safety technical measures for construction items and jobs with strict requirements on labor safety, fire and explosion prevention, and control.
  4. Use supplies and materials of the correct types, specifications, and quantities as required by the construction design, ensuring savings during the construction process.
  5. Carry out inspection, supervision and acceptance of construction work, important construction transition stages when necessary, acceptance of construction items and completed construction works to be put into operation and use.
  6. Construction contractors must have qualified qualifications appropriate to the type and level of the project and the construction job.

Rights and obligations of the investor supervising construction works

Rights of investors

Pursuant to Clause 1, Article 121 of the Law on Construction 2014, the investor supervising construction works has the following rights:

  • Self-perform construction supervision when having sufficient construction supervision capacity and take responsibility for your own supervision;
  • Negotiate and sign construction supervision contracts; Monitor, supervise and request contractors to supervise construction works in accordance with the signed contract;
  • Change or request the consulting organization to change the supervisor in case the supervisor does not comply with regulations;
  • Suspend the implementation or terminate the construction supervision contract according to the provisions of the law;
  • Other rights according to the provisions of the contract and relevant laws.

Obligations of investors

Pursuant to Clause 2, Article 121 of the Law on Construction 2014, the investor supervising construction works has the following obligations:

  • Select a supervision consultant with qualified qualifications appropriate to the type and level of construction work to sign a construction supervision contract in case of not performing construction supervision yourself;
  • Inform relevant parties about the rights and obligations of supervision consultants;
  • Timely handling of supervisor’s suggestions;
  • Fully implement the agreed obligations in the construction supervision contract;
  • Store the results of construction supervision;
  • Compensate for damages when choosing a supervision consultant who is not qualified to supervise construction works, accepting incorrect quantities, wrong designs, and other violations that cause damage caused by you;
  • Other obligations according to the provisions of the contract and relevant laws.
Obligations of the investor to supervise construction works
Obligations of the investor to supervise construction works

Some notes when investors supervise construction works

When the investor supervises construction work, there are some important notes that need to be followed to ensure project quality, progress and compliance with legal regulations such as:

  • Check the progress of the project: The investor needs to regularly check the progress of the construction to ensure that the project is carried out according to the plan committed in the contract.
  • Material quality monitoring: The investor has the right to request quality inspection of input materials to ensure that the materials used meet technical and quality standards.
  • Ensuring compliance with legal regulations: The investor must ensure that construction work fully complies with legal regulations on labor safety, environmental protection, and construction permit requirements.
  • Check costs and payments: The investor needs to monitor contract payments and check incurred costs to avoid unreasonable or unauthorized expenses.
  • Supervision of labor safety: The investor is responsible for ensuring that labor safety regulations are followed, protecting the health and safety of construction workers.
  • Storing complete construction documents: Storing construction-related documents such as acceptance records, invoices, documents and supervision reports is necessary to protect rights and facilitate inspection.
  • Ensure coordination with relevant parties: The investor needs to maintain close contact and coordination with the contractor, supervising engineers and authorities to resolve issues that arise during the process of construction.

The investor needs to fully implement these supervision obligations to protect his or her rights and ensure the project is completed on schedule and with quality.

Note when the investor supervises construction work
Note when the investor supervises construction work

Construction supervision consulting services

When participating in construction projects, the investor is not only the provider of financial resources but also the person responsible for supervising the construction process to ensure project quality. Understanding the rights and obligations of the investor in supervision is essential to avoid legal risks and protect financial interests and construction works. Construction supervision consulting services at Long Phan will help you perform this task effectively and professionally. We will support you:

  • Consulting on the investor’s rights when supervising construction;
  • Consulting on the investor’s legal obligations such as ensuring labor safety, complying with environmental protection regulations, and coordinating with authorities throughout the construction process;
  • Ensuring transparency in contract payments;
  • Handle and advise on how to resolve contract disputes regarding project quality, construction progress or financial issues,…
  • Consulting on the project acceptance process, ensuring the project meets quality before handover;
  • Provide periodic monitoring reports;
  • Consulting on protecting rights when construction incidents occur.

With a team of experienced experts in the construction and legal fields, Long Phan will accompany you from the planning stage until the project is completed. Please contact us immediately via the hotline: 0906735386 to receive detailed and dedicated advice, help you monitor the project effectively, and protect maximum legal rights.