Construction Contract Dispute Resolution Lawyer in Vietnam

In the construction sector, a contract is not merely a written record of agreement between parties but serves as the legal “backbone” of the entire project. Every issue arising during construction, inspection, payment, or final settlement is strictly tied to the terms of the construction contract. Reality shows that when conflicts arise, parties often struggle to define their rights, obligations, and appropriate resolution methods, leading to prolonged delays, increased costs, and severe legal risks. In such complex scenarios, a construction contract dispute resolution lawyer in Vietnam plays a pivotal role in navigating, controlling, and protecting the legitimate interests of all stakeholders involved.

Most common types of construction contract disputes

A construction contract is a written agreement between the client and the contractor regarding the establishment, modification, or termination of civil rights and obligations for the performance of work in construction activities (Clause 1, Article 80 of the Law on Construction 2025). Construction disputes are often very complex due to the technical specifics and long construction time. Below are some frequently occurring disputes:

Disputes over payment, final settlement, and outstanding debts

This is a common type of dispute. The investor delays payments according to the schedule, or refuses to sign the acceptance and final settlement report for completed work, citing reasons such as substandard quality or lack of completion dossiers.

Disputes over construction delays and completion progress

Delays in site handover (owner’s fault) or construction delays (contractor’s fault) result in substantial penalties for breach of contract. Determining which party is at fault requires rigorous legal and technical evidence.

Disputes over construction quality and warranty obligations

The parties may disagree on the quality assessment results or experience malfunctions during operation, leading to the misappropriation of warranty funds or claims for damages.

Disputes over unilateral termination of contract

When one party unilaterally terminates a contract without sufficient legal grounds, it often leads to lawsuits seeking compensation for opportunity costs and actual damages incurred.

Core legal basis for dispute resolution

To resolve the issue thoroughly, the lawyer will rely on the current legal system and specific clauses in the contract:

• Law on Construction 2025 (effective from July 1, 2026), especially Articles 80 to 88 on construction contracts;
• Law on Construction 2014, amended in 2020;
• Civil Code 2015;
• Law on Commercial Arbitration 2010, amended in 2025;
• Civil Procedure Code 2015, amended in 2025;
• Decree 37/2015/ND-CP detailing construction contracts, amended and supplemented by Decree 50/2021/ND-CP and Decree 35/2023/ND-CP; …

Legal methods for construction contract dispute resolution

According to Clause 5, Article 86 of the Law on Construction 2025, parties can choose from various methods to resolve construction contract disputes, ranging from negotiation and mediation to arbitration and court proceedings.

• Negotiation and mediation: Often preferred due to its flexibility and ability to maintain cooperative relationships. However, this method is only effective when the parties are willing and have the support of lawyers in guiding the negotiation process.
• Arbitration: A suitable option for disputes with a commercial element, requiring high confidentiality and a quick resolution time. However, a condition for resolution through arbitration is that the parties must have an arbitration agreement.
• Court proceedings: The most common method for complex disputes, involving many parties, or when there is no valid arbitration agreement.

Choosing the appropriate dispute resolution method requires careful consideration of the value of the dispute, the client’s objectives, and the ability to gather and prove evidence. This is where the strategic advisory role of the lawyer becomes particularly important.

Construction dispute resolution services at Viet An Law

Viet An Law provides comprehensive legal solutions, from risk prevention to litigation in court. Specifically, this includes:

Dispute resolution consulting services (Pre-litigation stage)

This is the most important service to help clients determine their legal position before entering a long-term battle.

• Review and evaluation of documents: Lawyers examine the legality of contracts, appendices, acceptance reports, and construction logs to identify loopholes or advantages.
• Strategic advice: Provide an optimal resolution plan (negotiation or litigation) based on the likelihood of winning and the cost involved.
• Drafting legal documents: Drafting debt reminder letters, notices of breach of contract, and notices of temporary suspension or termination of contracts in accordance with legal regulations.

Negotiation and mediation representation services

Lawyers act as professional “bridges” to resolve conflicts while maintaining cooperative relationships between the Investor and the Contractor.

• Representation in negotiations: Lawyers work directly with the client’s partners to present legal arguments and reasonable financial solutions.
• Mediation: Assisting parties in finding common ground through a confidential mediation process, avoiding taking each other to court and damaging the company’s image.

Litigation lawyer services at commercial arbitration

With modern construction contracts often prioritizing arbitration, Viet An Law Firm has a team of lawyers knowledgeable in arbitration procedural rules, especially those of the Vietnam International Arbitration Center (VIAC).

• Drafting of the statement of claim: Preparing the statement of claim and detailed technical statements on construction.
• Representation in arbitration hearings: Defending the client’s rights before the arbitration panel, which consists of leading experts in the field.
• Support in the recognition and enforcement of arbitration awards: Ensuring that the award is enforced in practice through the enforcement agency.

Litigation Lawyer services at Courts of all levels

In cases where disputes cannot be resolved through mediation or there is no arbitration clause, we will represent clients in civil litigation.

• Initiating legal proceedings: Filing the lawsuit, paying court fees, and working with the judge to expedite the case’s processing.
• Requesting interim injunctions: Such as freezing the opponent’s bank accounts, temporarily halting construction, or maintaining the current state of the project to ensure future enforcement of the judgment.
• Protecting rights in court: Arguing directly in the First Instance and Appellate court hearings.

Specialized emerging issue handling services

In addition to handling general disputes, Viet An Law also assists in resolving complex individual issues:

• Dispute resolution regarding guarantees: Disputes between contractors and banks or investors related to performance guarantees and advance payment guarantees.
• Tax settlement and completion documents: Legal support to legitimize settlement documents when there are discrepancies in figures between parties and auditing agencies.
• Intellectual property disputes: Regarding design drawings and proprietary construction solutions in construction contracts.

Why is Viet An Law the trusted partner for contractors and developers in construction contract dispute resolution?

Legal team with deep expertise in construction contracts

• Viet An Law brings together a team of lawyers with many years of experience advising on and directly participating in resolving complex and high-value construction contract disputes.
• Our lawyers not only have a thorough understanding of construction, civil, commercial, and litigation law, but also possess a deep understanding of the specifics of investment and construction activities. The combination of legal knowledge and practical experience enables Viet An Law to provide solutions tailored to each type of project and the specific roles of contractors and investors.

Profound understanding of construction project realities and contract specifics

One of the factors contributing to Viet An Law’s credibility is its ability to approach cases based on a thorough understanding of the practical aspects of construction project implementation.

Lawyers not only analyze contracts on paper but also assess the entire implementation context, from design, construction, acceptance to payment and final settlement. Their understanding of various contract types such as general contractor contracts, EPC contracts, subcontracting contracts, and construction consulting contracts allows Viet An Law to handle disputes flexibly and realistically.

Strategic thinking in dispute resolution with a focus on efficiency and results

• Viet An Law does not approach disputes in a rigid, confrontational manner, but always aims to protect the overall and long-term interests of its clients. Before each case, lawyers conduct a comprehensive assessment of legal risks, probative capacity, and various resolution scenarios.
• Based on this, clients are advised to choose the optimal solution, which may include negotiation, mediation, arbitration, or litigation in court, in order to achieve the best results in terms of time, cost, and outcome.

Proficiency in negotiation and effective mediation for construction disputes

• For many contractors and investors, maintaining cooperative relationships after a dispute is crucial. Viet An Law has experience representing clients in negotiations and mediation on a solid legal basis, helping parties find common ground while ensuring their legitimate rights.
• This approach minimizes the need for lengthy litigation and reduces risks arising during project implementation.

Extensive litigation and arbitration experience in complex construction disputes

• In cases where negotiation is not possible, Viet An Law is ready to represent clients in dispute resolution at the Court or Arbitration.
• Experienced lawyers build robust legal dossiers, systematically collect and evaluate evidence, thereby effectively protecting the legitimate rights and interests of clients. Professional litigation capabilities are one of the key factors that make Viet An Law a trusted choice for enterprises.

Accompanying clients from dispute prevention to resolution

• Viet An Law not only intervenes when disputes arise but also accompanies contractors and investors from the drafting and review stages of construction contracts to prevent legal risks.
• This continuous support, from project preparation to dispute resolution, helps clients proactively control risks and ensure stability in their investment and business operations.

Commitment to maximizing clients’ legitimate rights and interests

• With a motto of prioritizing client interests, Viet An Law always places professional responsibility and reputation first in every case.
• Transparency in consultation, clarity in solutions, and a spirit of long-term partnership are the factors that make Viet An Law a trusted partner of many contractors and investors in resolving construction contract disputes.

For clients requiring legal services to construction contract dispute resolution lawyer in Vietnam, please contact Viet An Law for the best advice and support!