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4 SI 5251 Contract Management Fundamental of Contract 2024
4 SI 5251 Contract Management Fundamental of Contract 2024
4 SI 5251 Contract Management Fundamental of Contract 2024
Fundamental Principles of
Construction Contract
May 2024
CONTRACT
• What is a contract?
• Agreement • Persetujuan
• Treaty • Perjanjian
• Understanding • Pemahaman
• Deal • Kesepakat
About something
Two more parties
In the future
Transfer of ownership/rights
TRANSFORMATION
CONTRACT
ADMINISTRATION
Contract
Planning
SI-5251 Aspek Hukum & Manajemen Kontrak 6
CONTRACT
Legally-binding agreement which recognizes and governs the
rights and duties of the parties to the agreement.
• Mutual Consent
• Meeting of the Minds
• All parties must agree on all principal aspects
• Contract must be free of ambiguous meanings
• Consideration
• Something of valuable that each party furnishes
• Is Mutual consent sufficient?
• Lawful matter
• The object must be definite and clearly defined or can be defined
later
• The object must be lawful
• The subject must exercise free will and be legally acknowledged
• Compensation
SI-5251 Aspek Hukum dan Manajemen Kontrak 12
CONTRACT PLANNING
• Strategy for selection of types of Contract
• Basis of selection:
• Request for Proposal (RFP): is a more formal request used to gather information about in-
depth project information, like methods, timelines and specific pricing details. Most often, RFPs are
used by clients who want a detailed understanding of the requirements to complete a project.
• Request for Tender (RFT): is the most specific request, and the respondent to an RFI sets
out clear terms that they will be bound to if the tender is accepted. In essence, an RFT is a request
for a contract, and often responses to RFTs are considered legally binding.
Once a contract is created and a project is underway, RFIs are used to clarify details that may have
been incorrectly or insufficiently explained in the original plans.
https://www.bigrentz.com/blog/what-is-an-rfi
SI-5251 Aspek Hukum dan Manajemen Kontrak 15
CONTRACT PLANNING
Getting to know in advance (the works and your potential partners)
https://www.bigrentz.com/blog/what-is-an-rfi
SI-5251 Aspek Hukum dan Manajemen Kontrak 16
EXECUTION OF CONTRACT
• Contract is to be executed as agreed terms &
conditions
• Changes can be made as agreed, incl. compensation
• Contract cannot be changed, but can be amended
• Record / documentation is paramount
Liquidated Damages
It is not a penalty
Determined based on estimated future income (revenue)
Doctrine of “Foreseeability”
Damages for breach of contract will be limited to the cost of
the consequences that were reasonably foreseeable at the
time the contract was signed
• Project objectives
• Complexity organization
PROJECT
OWNER
FINANCIAL DESIGN
INSTITUTIONS CONSULTANT
GENERAL INSURANCE
CONTRACTOR AGENCIES
no
same?
claim
yes
yes approved
what is actually
settled?
exist / done
pay no
dispute
SI-5251 Aspek Hukum dan Manajemen Kontrak 30
Construction Claim (1)
Eligibility of Claims
– entitlement
– damages Two sides of a coin
Filing Claims
– Request for Equitable Adjustment
– Counterclaim
Sources of Claims
– breach of agreement (intentionally & unintentionally)
– changes
Vague Specifications
– “… shall have or shall arrange to have adequate standby
equipment available at all times to protect the work …”
– “… as large units as practicable …”
– “… shall be made sufficiently in advance …”
– “… concrete should be compacted …”
– “… concrete must be troweled to smooth finish …”
– “… in a workmanlike manner …”
– “… sufficient size …”
Types of Claims
◦ Owner-Purchased Material and Delay Claims
◦ Uncontrollable Events and Delay Claims
Extreme weather
Zoning, regulation changes
Types of Claims
◦ Interdependent Contractor Performance Delay Claims
“Timing is of the essence”
◦ Scope-of-Work Claims
◦ Owner Change-Order Claims
◦ Acceleration Claims
◦ Changing-Site-Condition Claims
SI-5251 Aspek Hukum dan Manajemen Kontrak 34
Schedule and Delays
• Establishment of construction schedule
– start date, duration and completion date
– substantial vs. final completion of works
CONSTRUCTION CONTRACT
• What is it?
• What are the considerations of such contract?