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CAYA CEOLANG SALJANA TEKNIK YANG SANGAT PINTEL DAN MENGUACAI PELHITUNGAN KONTLUKSI.
APA GUNANYA PENGETAHUAN TENTANG KONTLAK, ITU KHAN ULUSANNYA AHLI HUKUM.
PENANGGUNG JAWAB TEKNIK
ASPEK LEGAL DAN ADMINISTRASI KONTRAK
Garner (2004) Contract is an agreement between two or more
parties creating obligations that are enforceable or otherwise
recognizable at law
Martin and Law (2006) Contract is a legally binding agreement.
Agreement arises as a result of offer and acceptance, but a number
of other requirements must be satisfied for an agreement to be legally
(Bryan A.Garner (2004): Blacks Law Dictionary, Thomson West)
(Elizabeth A Martin and Jonathan Law (2006): Oxford Dictionary of Law,Oxford University Press)
Chow (2006) Contract is a legally binding agreement formed when
one party accepts an offer made by another and which fulfills the
(Chow Kok Fong (2006): Construction Contracts Dictionary, Sweet & Maxwell Asia)
John Adriaanse (2007) A variety of factors makes a construction
contract different from most other types of contracts. These include
the length of the project, its complexity, its size and the fact that the
price agreed and the amount of work done may change as it
John Adriaanse (2007): Construction Contract Law
Administrasi Kontrak bukan hanya melaksanakan
pekerjaan administrasi dari suatu kontrak
melainkan adalah cara mengelola kontrak.
The Contract for Construction: The Contractor to
CONSTRUCT in accordance with the Contract
and The Employer to PAY for them. It describes
comprehensively what the`works are, and how
payment is to be made.
Pekerjaan administrasi kontrak sudah harus dimulai
jauh sebelum kontrak ditandatangani, oleh
pengguna jasa maupun penyedia jasa:
FIDIC CC for Works of Civil Engineering Construction 4th edition
FIDIC CC for Works of Civil Engineering Construction 3rd edition
FIDIC CC for Works of Civil Engineering Construction 2nd edition
FIDIC CC for Works of Civil Engineering Construction 1st edition
General Condition of Contract ICE 3rd edition
*) Tahun 1988 FIDIC 4th Edition dicetak ulang dengan editorial amendments
FIDIC CC for Construction 1st edition
FIDIC CC for Construction MDB Harmonised Edition
Which contract to be used
Plant and/or high unforeseen risks
Fixed price - lump sum
Little employer involvement
No major unforeseen risks
DISCUSS IN DETAIL
with the Contractor, and
negotiate a modified FIDIC
Berdasarkan cara pembayaran:
Lumpsum ContractLumpsum Contract adalah kontrak pengadaan jasa
pelaksanaan konstruksi atas penyelesaian seluruh pekerjaan dalam batas waktu tertentu, dengan jumlah harga pasti dan
tetap, dan resiko yang mungkin terjadi dalam proses penyelesaian pekerjaan sepenuhnya ditanggung penyedia
Unit Price ContractUnit Price Contract adalah kontrak pengadaan jasa
pelaksanaan konstruksi atas penyelesaian seluruh pekerjaan dalam batas waktu tertentu berdasarkan harga satuan untuk
setiap satuan/unsur pekerjaan dengan spesifikasi teknis tertentu, yang kuantitas pekerjaannya masih bersifat
perkiraan sementara, sedangkan pembayarannya didasarkan pada hasil pengukuran bersama atas kuantitas pekerjaan
yang telah dilaksanakan oleh penyedia jasa.
FIDIC GCC for Works of Civil
2nd edition (July 1969)
Clause 5: Extent of Contract.
5. The contract comprises the
construction.everything whether of a temporary or
permanent nature required in and for such construction
completion and maintenance so far as the necessity for providing
the same is specified in or reasonably to be inferred from the
Case:During the execution of Saguling Hydro Electric Power Plant Project, in the employers opinion, the additional slope protection by full column adhesive rock-bolt was inferred as necessary due to the excavation shape and the extent of weathered rock. In the contractors opinion, the full column adhesive rock bolt was not specified in the contract.The different interpretation encouraged the contractor to submit their claim which finally became disputes between two parties and proofed that the ambiguities of wording
may lead to disputes.
FIDIC GCC for Works of Civil Engineering Construction 3rd edition
(March 1977) 
Clause 8: Contractors General Responsibilities.
(1) The Contractor shall, subject to the provision of the
Contract.whether of a temporary or permanent nature, required in
and for such execution and maintenance, so far as the necessity for providing the
same is specified in or reasonably to be inferred from the Contract.
(2) The Contractor shall take full responsibility.provided that the
Contractor shall not be responsible, except as may be expressly provided in the
Contract, for the design or specification of the Permanent Works, or of the
design or specification of any Temporary Works prepared by the Engineer.
Case:During the execution of Cirata Hydro Electric Power Plant Project under the Clause 5 which then became Clause 8 in the 3rd edition (as an improvement to make it more fair and balanced), the contractor was not responsible for the temporary works which design and specification were not prepared by the contractor but the engineer.A different interpretation again occurred. The engineer rejected to issue the payment for the bridge strengthening required for the mobilization of contractors plant. The bridge was actually the temporary facilities provided by the employer and was done by other contractor (infrastructure contractor). It was designed as temporary bridge by the former contractor (not the engineer) and the engineer considered that during the tender stage the bridge condition should be checked by the contractor and become the contractor responsibility as a part of working method. It then became a dispute after a lengthy discussion without conclusion.
FIDIC GCC for Works of Civil Engineering Construction 4thedition
(1987 amended 1992)
Clause 8.1: Contractors General Responsibilities8.1 The Contractor shall, with due care and diligence, design (to the
extent provided for by the Contract), execute and complete the
Works.whether of a temporary or permanent nature, required in and for
such design, execution, completion and remedying of any defects, so far as the
necessity for providing the same is specified in or is reasonably to be inferred
from the Contract.
Clause 8.2: Site Operations and Method of Construction8.2 The contractor shall take full responsibility.Provided that
the Contractor shall not be responsible (except as stated hereunder or as may
be otherwise agreed) for the design or specification of Permanent Works, or
for the design or specification of any Temporary Works not prepared by
Case:During the execution of Renun Hydro Electric Power Plant Project, the extent of Clause 5 (2nd edition) and Clause 8 (3rd edition) then became 8.1 and 8.2 in the 4th edition were means to reduce the dispute possibility. Under these clauses, contractor was only responsible for the design or specification prepared by himself but irresponsible for the design and specification prepared
by other parties.
FIDIC GCC for Construction 1st edition (1999)
Clause 4.1: Contractors General Obligations
4.1 The Contractor shall design (to the extent specified in the
Contract), execute and complete the Works in accordance with the
Contract and with the Engineers Instruction, and shall remedy any
defects in the Works.
The Contractor shall be responsible for the adequacy, stability and
safety of all Site operations and of all methods of construction. Except to the
extent specified in the Contract, the Contractor (i) shall be responsible for
all Contractors Documents, Temporary Works, and such design of each
item of Plant and Materials as is required for the item to be in
accordance with the Contract, and (ii) shall not otherwise be
responsible for the design or specification of the Permanent Works.
The above clause is the final revision which clarifies contractors responsibilities. Contractor is responsible for the design of all contractors documents, temporary works, the design of plant and material as is required for the item to be in accordance with the Contract, and the contractor will be irresponsible for the design and specification of permanent works, means that everything not mentioned in the contract is not the contractors responsibility.
1 + 2 = 3
Persyaratan teknis memastikan spesifikasi