Chương 5 Nghị định 15/2013/NĐ-CP: Bảo hành công trình xây dựng

Chapter 5.

WARRANTY OF CONSTRUCTION WORKS

Article 34. Warranty of construction works

1. Construction contractors and equipment suppliers are responsible for carrying out warranty for construction works and equipment. The warranty duration will be counted from the date that Investors sign the acceptance minutes to put construction works and items into use or based on the conditions specified in the construction contracts and/or equipment supplying contracts but also follows the following provisions:

a) Not less than 24 months for works of special grade and grade I;

b) Not less than 12 months for works of other grades;

c) The warranty duration for houses follows the regulations on houses.

2. During the warranty period, construction contractors and equipment suppliers must perform the warranty after receiving a notification from Investors. If construction contractors and equipment suppliers fail to provide the warranty, Investors are entitled to use the warranty money to hire other organizations and individuals for repairing.

3. Investors must reach agreement in the contract with contractors involved in works construction about power and responsibility of involved parties for the warranty of construction works; the amount of warranty money; storage, use and refund of warranty money in accordance with the regulations on contracts in construction activities.

Article 35. Responsibilities of involved parties for the warranty of construction works

1. Investors, owners or works managers shall bear the responsbilities as follows:

a) To operate, maintenance the construction works in accordance with construction operation and maintenance procedures;

b) To check, detect failures of facilities and request construction contractors, equipment suppliers to repair and replace;

c) To supervise and accept the remedy and repair by construction contractors and equipment suppliers;

d) To certify the completion of warranty for construction works by construction contractors and equipment suppliers;

2. Construction contractors and equipment suppliers shall bear the responsibilities as follows:

a) To organize the remedy of failures immediately after receiving the requests of Investors, owners or works managers and bear all the costs thereof;

b) To refuse to provide warranty in cases failures are not due to their faults or due to force majeure.

3. Construction survey contractors, construction design contractors, construction contractors, equipment suppliers and other relevant contractor/consultants shall take responsibilities for the quality the construction works’ parts they perform even when the warranty duration expired.