Investor of apartments, hotels, commercial center Panorama Nha Trang, Khanh Hoa Nha Trang Bay Investment Joint Stock Company was contractor Coteccons violate construction license. While the owner said that the contractor slander, fabricated the information.
This story is happening at a 39 story hotel, apartment, and commercial complex, located on Nguyen Thi Minh Khai Street, Nha Trang City, Khanh Hoa.
Accordingly, from October 20, 2017, Coteccons Construction JSC, the contractor of the project Panorama, sent a letter unilaterally terminate the contract. At the same time, it should be sent to the Construction Department of Khanh Hoa province, the Police Department of Khanh Hoa province, the Department of Inspection (Ministry of Construction) with the content of the investor to raise the number of works without detailed examination of technical issues; design modification violates construction permit; Unilaterally change the scope of work of the contractor, such as the delivery of completed works and mechanical engineering to other contractors without the written agreement.
Even Coteccons argued that the charge was because the contractor found: “It is the responsibility of the public authorities to report violations of the law to prevent the risks and consequences. It can happen to the project and the user under Article 22 of the Penal Code 1999 and Article 5 of the Criminal Code. ” In addition, Coteccons also the Nha Trang Bay Investment Joint Stock Company did not make timely payments to the contractor with the amount of up to VND120 billion.
However, refuted the content of the above, Nha Trang Bay Investment Joint Stock Company confirmed that the Coteccons slander, fabricated information. Le Anh Duc, Chairman of Nha Trang Bay Investment JSC, said that the company has not had any official decision to change the design or upgrade of the Panorama project.
“In the course of the raw construction contractor to the 26th floor, we have exchanged” verbal “information with the contractor that consideration of the use of lightweight materials and the ability to calculate 1-2 lifts to service Nha Trang travel needs? Adjusting the design or increasing the number of floors to add more service levels is just an idea that is under consideration within the management board and no steps have been taken to carry out the survey. , submitted to state agencies … how did the conduct is considered illegal that Cottecons treat us as guilty but to denounce? “- Mr. Duc shared.
See the list of apartments for sale in Nha Trang: Apartment for sale in Nha Trang
Nha Trang Bay Company and Coteccons have signed contracts in principle since 2016 – when the project started to be implemented. In particular, Coteccons serves as the general contractor for the design and construction of the project with a total value of VND548 billion.
After receiving feedback from the Nha Trang Bay Company, on November 6, Coteccons signed a letter signed by General Director Nguyen Sy Cong Nha Trang Bay Company, Khanh Hoa Province Police, Khanh Hoa Construction Department and Ministry of Construction with content withdrawn documents Nha Trang Bay Company on the grounds that the exchange of information has not been verified, the information is inaccurate. Coteccons corrected some inaccuracies.
“The Coteccons’ leaders personally apologized to Nha Trang Bay Company’s management and made a correction. However, Coteccons continued to send this information to third parties for the purpose of slandering Nha Trang Bay Company. We also affirm that any investment, construction or any adjustment of the project is done by Nha Trang Bay Company in accordance with the law. We are fully responsible before the law for implementing the project, “Duc said.
Representatives of Nha Trang Bay Company also confirmed that with the agreed items, this unit has never been late for payment to Coteccons since the implementation of the project. “With the unconfirmed amounts, we have not paid but never declined payment as what the contractor announced. We also repeatedly asked Coteccons to work together to unify this content but did not receive the cooperation. Meanwhile, to ensure the progress and commitment to customers, we have to hire the unit deployed the relocation of Coteccons assets from the site with a total cost of over VND3.2 billion, investors themselves “Nha Trang Bay Company said.
In particular, representatives of the Nha Trang Bay Company have reported to the police about Coteccons slanderous behavior. “What we are doing is to make sure we do our best with the best quality for our customers. The project is delayed and if we delay the interest rate, we will be the loser, “said the head of Nha Trang Bay.
Therefore, according to Mr. Duc, Nha Trang Bay Company will conduct legal proceedings to protect their legitimate rights and interests in accordance with the law as requested Coteccons correction, public apology, be subject to contractual penalties and indemnity for all damages caused to the owner, client, and investor. Nha Trang Bay Company actively took over the Panorama Nha Trang project, thereby creating the premise to hand over the unit has the capacity and prestige to continue to deploy the construction items of the project.
On 8 December, Coteccons has written in response to the law of Ho Chi Minh City about this incident. Accordingly, Coteccons confirmed that the project was designed and licensed 39 floors, but the owner requested to change the design of the project to add 4-5 floors (according to the documents of the consulting firm Artelia on behalf of the company. Nha Trang Bay to Coteccons.
“Coteccons is the design and construction unit of the project, so it is understandable that this requirement is not feasible and poses a high risk for the safety of the project, especially this requirement violates construction permits, general planning Approved by state management agency “- Coteccons document cited.
In the text “correction” information denounces the investor, Coteccons said that they do so to protect the interests of home buyers in the project and expect the project to be developed and completed well. As a result, the two parties agree to make a written correction for internal resolution. “We sent the official” correction “but this document does not mention the fault of any party,” – Coteccons said.
Coteccons said that the unit has sent a letter to the state management agencies and conducted proceedings to take legal action to protect their rights.
Construction Department handles the case in court
On November 8th, Inspectorate of Construction Department of Khanh Hoa Province conducted the inspection of the construction work at Panorama Nha Trang and it was officially concluded in Official Letter No. 4474 dated 14-11 as follows: At the time of inspection, the building was completed the 26th floor building in accordance with the content of the construction license was issued.
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According to the Construction Department of Khanh Hoa province, the dispute between the construction contractor and the construction contractor is a civil dispute not within the jurisdiction of the Department. Therefore, the Department has instructed the two units to apply for court settlement.
Le Anh Duc, Chairman of Nha Trang Bay Company: The key to this problem comes from the Coteccons proposal of the contractor signed the power package but the investor is not satisfied.
The bidder gives input information about the origin of the equipment (the UK or China) and bid prices are several times higher than the actual market value. Since then Coteccons has sought to send the text with content slandering to sabotage the business of the investor.
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