(Construction) - The Ministry of Construction has just issued Circular 02/2023/TT-BXD guiding a number of contents on construction contracts.
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Accordingly, the Circular stipulates the adjustment of unit prices and construction contract prices. Accordingly, the adjustment of construction contract unit prices shall comply with the provisions of Article 38 of Decree No. 37/2015/ND-CP as amended and supplemented in Clause 14, Article 1 of Decree No. 50/2021/ND-CP. CP.
When the construction contract price adjustment leads to the contract adjustment or supplementation, the contract appendix must be signed as the basis for the contract price adjustment. The investor is responsible for approving or submitting for approval the adjusted and arising cost estimate in accordance with the law on management of construction investment costs and the construction contract as the basis for signing the appendix. contract addition.
Methods of adjusting construction contract prices are guided in Appendix I to this Circular. The application of price adjustment methods must be suitable to the nature of the work, the type of contract price, the currency of payment and must be agreed upon in the contract.
For construction consultancy contracts with payment by time (monthly, weekly, daily, hourly), the adjustment of salary level for experts is made according to the adjustment formula for a factor of labor cost. in Section I, Appendix I to this Circular.
In addition, the Circular also stipulates that the adjustment of progress of construction contract implementation must comply with the provisions of Article 39 of Decree No. 37/2015/ND-CP.
When adjusting the construction contract progress specified at Point a, Clause 2, Article 39 of Decree No. 37/2015/ND-CP, the principal and the contractor are responsible for assessing the impact of force majeure events. to the construction contract performance progress to determine and decide to adjust accordingly.
In case of temporary suspension of work at the request of a competent state agency as prescribed at Point d, Clause 2, Article 39 of Decree No. 37/2015/ND-CP, the following tasks must be performed:
The principal and the contractor, based on the request of a competent state agency to suspend, evaluate the impact on the progress of construction contract performance as a basis for determining and agreeing to adjust the contract performance schedule. copper.
In case of incurring costs due to prolonging the contract performance, the principal and contractor shall base on the contract contents and instructions of competent state agencies on the events leading to the suspension of contract performance. construction contract as a basis for determining and agreeing on reasonably incurred cost items.
The Circular takes effect from April 20, 2023.
Khanh Hoa
