In any construction project, the contractor plays a crucial role in transforming design ideas into a real, tangible structure. Selecting a reputable contractor not only affects the project’s timeline but also ensures the quality, safety, and sustainability of the construction. In this article, BIC will help you better understand the concept of a contractor, their role, and the responsibilities they must fulfill to contribute to the project’s success.
A contractor (or main contractor) is an entity with the capability and qualifications to execute construction projects for an investor. The construction process is carried out under a contract between both parties, where the contractor is legally accountable for any issues related to the project or its quality.
A reputable and professional contractor will possess all necessary legal documents, practice certifications, and a team of experienced architects, engineers, technicians, supervisors, and skilled workers. This team not only has extensive expertise and skills but also years of experience in the construction field.
Construction contractors can be classified based on various criteria:
- Main Contractor: The individual or organization responsible for bidding and directly signing contracts with the investor.
- Subcontractor: Works directly with the main contractor, executing work packages under a contract with the main contractor. In many construction projects, there are numerous tasks to complete. To ensure progress and quality, the main contractor often subcontracts certain tasks to third-party subcontractors specializing in specific work.
- Domestic Contractor: An individual or organization established under Vietnamese law and typically of Vietnamese nationality.
- Foreign Contractor: An individual or organization established under the laws of another country, with foreign nationality, participating in bids and projects in Vietnam.
- Independent Contractor: An individual or organization working based on a contract with a business without direct oversight from the client.
- Joint Venture Contractor: A partnership between multiple contractors on a single project. This partnership ends when all contractual obligations are fulfilled.
- Consultant Contractor: Specializes in providing technical, legal, and strategic consulting for projects.
- Construction Contractor: Directly carries out construction tasks according to the design and planned schedule.
- Assessment and Appraisal Contractor: Evaluates and assesses the quality and safety of the project.
- Other Contractors: Includes contractors with auxiliary or supplementary roles within the project.
This clear classification enables the investor to have a comprehensive view and select the appropriate contractor for each stage of the project.
After winning a contract, the contractor becomes the primary partner with whom the investor discusses and finalizes the construction design ideas and specific requirements for the project. The contractor creates the initial design concept, drafting architectural layouts and functional zones according to the investor’s vision. Spaces like living areas, public zones, and other amenities are thoughtfully arranged to optimize the building’s usability and functionality.
Once the construction design is approved, for large-scale projects or upon request, the contractor also handles the construction permit application. This process requires an understanding of local regulations, adherence to relevant standards, and ensuring that the permit application is completed for smooth project commencement.
Upon finalizing the initial design concept, the contractor proceeds with more detailed work, including creating detailed drawings and preparing a budget for the project. The contractor consults with material suppliers to check prices and provides cost estimates for each construction item.
For investors with construction knowledge or who prefer to supply their own materials, they can choose and source materials independently. However, most large projects benefit from close coordination with the contractor in budgeting and cost control to ensure project efficiency and cost-effectiveness.
The core responsibility of the contractor in a construction project is executing the construction itself. The contractor implements the project according to approved designs, providing labor, supervisors, and specialized engineers suited to each phase. They also supply the necessary machinery, scaffolding, and equipment to maintain progress and quality. Throughout this process, the investor may also participate in oversight to ensure progress and quality.
After construction, the contractor moves on to the finishing phase, which includes supervising the project closely, measuring, and preparing as-built drawings to verify that the work aligns with the design and technical requirements. The contractor is responsible for submitting completion documents to the relevant authorities for official acceptance. This process requires precision to ensure the project is evaluated and ready for use according to safety and quality standards.
After all procedures are completed, the contractor hands over the project and completion documents to the investor, ensuring that the project is ready for use with full legal compliance and quality assurance.
According to Article 25 of Decree 15/2013/ND-CP, a construction contractor's responsibilities are specified to ensure compliance with standards and quality throughout the construction process. Here are some main responsibilities of contractors in construction projects:
- Establishing a Quality Management System: The contractor must implement a quality management system appropriate to the project’s scale. This system should clearly define the responsibilities of each individual and department involved in quality management to ensure every phase meets technical standards.
- Allocating Responsibility with General Contractors: In projects with a general contractor, the construction contractor must clearly allocate quality management responsibilities among the parties. Types of general contractors may include general construction contractors, design and construction contractors, or equipment and construction contractors, depending on the project’s scope.
- Providing Personnel and Equipment: The contractor must supply adequate manpower, materials, and equipment as per the contract terms, ensuring that material quality, tools, and construction processes meet legal and contractual standards.
- Managing the Construction Site: The contractor is responsible for receiving, safeguarding the construction site, and maintaining reference points to avoid unnecessary deviations during construction.
- Developing and Approving Construction Methods: The contractor must develop a detailed construction plan, including safety measures for workers, equipment, and project schedules. This plan is essential to ensure progress and safety throughout the project.
- Testing and Inspecting Materials: Before using any material, component, or equipment, the contractor must perform tests and inspections as required by the standards and design. This ensures that all materials meet the highest quality and safety standards.
- Construction According to Design and Contract: The contractor is responsible for executing the construction according to the design, permit, and contract. This includes ensuring project quality and safety during construction.
- Timely Notification of Discrepancies: If any discrepancy arises between the design, contract documents, and site conditions, the contractor must immediately inform the investor to promptly address the issue, preventing impact on project progress and quality.
- Repairing and Correcting Issues: The contractor is responsible for repairing any faults or defects caused by them. In case of any incidents, the contractor coordinates with the investor and other parties to rectify the situation and report the incident in detail.
- Maintaining Logs and As-Built Drawings: The contractor must create and store construction logs and as-built drawings as a legal basis for project acceptance upon completion.
- Reporting Progress and Occupational Safety: The contractor is responsible for periodically reporting to the investor on the progress, quality, workload, occupational safety, and environmental hygiene at the site as required.
- Returning the Site and Removing Equipment upon Completion: After the project is accepted and handed over, the contractor returns the site to the investor and removes all equipment, machinery, and assets from the site unless otherwise agreed in the contract.
These responsibilities ensure that the contractor not only executes the project in compliance with technical requirements but also meets quality and safety standards, contributing to the project’s success and sustainability.
In summary, the construction contractor plays a vital role in ensuring the project’s progress and quality. Choosing a reputable, capable, and experienced contractor is essential to the project’s success. If you are seeking a reliable partner for your construction project, contact BIC for advice and selection tailored to your project’s requirements and objectives.
