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Construction and Infrastructure

We Define our leading market position

This construction and infrastructure law is our busiest area of practice thanks to the significantly positive recover of the construction and real estate market.

Our lawyers have depth and breadth of experience to most of the important construction contract, i.e. BOT, BTO, BT, various FIDIC Contracts, and Australia Standard Contract (AS 2124). This has placed CNC at the forefront of the construction and infrastructure market, and have played a significant role in many of the recent successful cases.

Our clients include leading construction companies, ranging from general contractors, such as Hoa Binh Construction and Real Estate Group J.S.C (HBC), Construction Joint Stock Company No. 1, (COFICO), recognised M&E contractors, i.e. Kurihara Vietnam Company, Hoa Binh Engineering and Trading Investment J.S.C (HBGroup), ID contractors, i.e. Lecade, Minh Chuong, to facade contractors i.e. Eurowindow, Sinh Nam and natural stone contractors i.e. Pado

Areas of expertise

Our services are diverse and customised to meet the various demands of our clients in complex domestic construction and engineering projects such as Residential & Condominium, Offices and Complex Projects, Hotels & Resorts, Factories, Hospitals & Schools, Airports & Bridges, including:

Tender Advice

Extension of Time Claims

Subcontracting

Joint Venture/Consortium Agreement

Construction Claims

Guarantees & Insurances

Selected deals

 CNC has been engaged to advise or represent a number of deals in construction sector, including:

Advised a joint venture comprising of a leading facade contractor and a Korean leading design on a tender submission for a facade package at one of Vietnam's largest projects in Saigon in 2016. The tender submission was thereafter awarded by Tan Lien Phat, a subsidiary of VinGroup.

Advised Hoa Binh Real Estate and Construction on a joint venture with GS Engineering & Construction Corp for Laguna Hue Resort Project, developed by Laguna Vietnam. The joint venture was successfully awarded with an accepted contract amount of more than 50 million US Dollars in which Hoa Binh represented 49%.

Together with a French-owned enterprise based in Saigon prepared a tender documents for Phuoc Huu Solar Farm. The first energy project being developed solely by a domestic project developer.

Together with a leading engineering consultant in Vietnam prepared and managed an M&E design-built contract with an estimated amount of 30 million US Dollars. The risk allocation under this contract is particularly challenging as the Employer waved its right to require the Contractor to provide a performance security, but accepted the release of the first instalment (30% of the accepted contract amount) whilst the amount guaranteed under the advance payment security is of 10% of the accepted contract amount.

Lead counsel on a several claims made by a leading contractor for the extension of time, payment of preliminary cost under a design-built superstructure contract. The issues originally from an ambiguity of a contract term whereby the Contractor's obligation is contradictory to each other in respect of the site facilities.

Advised a subsidiary of Petro Vietnam on a possibility of contract termination due to an allegation of a builder's insolvency to build vessels under an EPC Contract for a refining project in the north.

Together with a leading law firm based in Saigon prepared a complete set of design-built contract based upon the Yellow Book 1999 issued by FIDIC for a complex project. The contract documents include letter of acceptance, contract agreement, appendix to tender, particular conditions of contract, and nomination instruction.

Advised Pado Contractor on a natural stone supply and installation contract at German House Project within a tight schedule. All the stones are imported oversea from a nominated supplier in Europe.

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