On the Ministry of Construction's Information Portal, reader H.T. D reflected: According to regulations, construction supervision costs are calculated as a percentage of the construction price in the bidding package estimate.
However, after bidding, the winning bid price for construction is usually lower than the estimated price.
Reader asks: "When finalizing the supervision consulting contract, is this cost calculated according to the estimated price of the approved bidding package or according to the actual winning bid price of the construction package?
After research, the Department of Economics - Construction Investment Management, Ministry of Construction has the following opinions:
Payment and finalization of construction contracts are carried out in accordance with the provisions of Articles 144, 147 of the Construction Law No. 50/2014/QH13.
Article 19, Article 22 of Decree No. 37/2015/ND-CP dated April 22, 2015 of the Government and other relevant legal regulations.
Accordingly, the payment and finalization of construction contracts must be consistent with the type of contract, contract price and conditions and agreements in the contract that the parties have signed.
In which, the construction contract price is determined based on the winning bid price or the results of negotiation and bargaining of the construction contract between the parties in accordance with the type of contract and contract price forms as prescribed in Article 3 and Article 15 of Decree No. 37/2015/ND-CP.
