Construction Contract Indonesia | Download Word Template (.doc)

Ready to use legal template

Drafted by experienced lawyers

Compliant with Indonesian law

Ready to use legal template

Drafted by lawyers

Compliant with Indonesian law

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Learn more about Construction Contract in Indonesia

In Indonesia, a construction contract is the foundation of any successful building project. Themis Partners offers a template that is specifically designed to meet the legal requirements of the Indonesian construction sector. This template ensures that all parties involved have a clear understanding of their roles, responsibilities, and the terms of the agreement. Our construction contract template is comprehensive, covering all necessary provisions from project scope and timelines to payment schedules and dispute resolution mechanisms. It is available in both English and Indonesian, considering the legal requirement for contracts to be in the Indonesian language when involving local parties

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What is a Construction Contract?

A construction contract agreement is a legal document that specifies the scope and parameters of a building project. It is a contract between the construction contractor and the person or company who employs them to conduct the work. The agreement should include multiple sections of clauses that define the project’s scope, terms, and conditions. This template will lay out their regular operating procedures, fees, and other terms.

Each agreement will be slightly different depending on the project, with changes made for scope of work, pricing, and other factors.

What is included in the Construction Contract under Indonesian law?

Most contract agreements should have certain parts to safeguard both parties to the arrangement:

➤ Project description: This section describes the project in detail, including the main idea or explanation of the problem being addressed. It could be a list of items or just a paragraph.

➤ Contract price: The sort of contract price that has been awarded, as well as the overall amount of money being contracted, are stated, as are potential contract additions or deductions and how they will be released.

➤ Payment basis: This refers to how much money will be paid to the contractor on a weekly, monthly, or milestone basis. This section should also define how much money should be maintained on each payment application. It will also specify the due date, the penalty for late payments, if interest is charged, and any other payment and invoicing terms.

➤ Construction scope: The scope is a description of all construction operations that will be included in the project that is generally measurable or quantifiable.

➤ Conditions and obligations: The owner's and contractor's responsibilities, including who is accountable for producing paperwork, information, payments, or other deliverables, are written out so that the project can proceed on schedule.

Is a Construction Contract Agreement necessary?

A contract agreement safeguards the interests of both parties participating in building projects. It specifies the scope of your work, the payment terms, and the mechanisms for resolving disagreements.

Without a formal contract, any arguments or miscommunication about the project’s work, timetable, missed or late payments, or other issues could escalate into a big legal struggle. Both the property owner and the contractor may incur costs as a result of this.

A construction contract agreement protects everyone engaged in a construction project’s legal and financial interests. Neither the construction firm owner nor the property owner should agree to begin work without one.

When to use a Construction Contract in Indonesia?

A Construction Contract Agreement should be used if you are on either end of the process of building, renovating, or remodeling a building or structure. Perhaps you’ve finally decided to build your dream house and live happily ever after. Due to excessive contractor delays or unforeseen, expensive expenditures, happily ever after may have to wait.

Perhaps you are a local contractor looking to grow your business and take on larger construction projects. In any instance, develop a formal agreement to serve as the blueprint until construction is completed to smooth out the creases.

What are the different types of Construction Contract?

A construction contract will fall into one of the four types listed below:

1. Fixed price

The costs of the entire project are rolled into a single lump amount or fixed price in this sort of contract. While there may be additional incentives for finishing before the specified completion date, the client is only liable for paying the contract’s predetermined price.

2. Cost-plus

A cost-plus contract compels the client to pay for all project costs, including labor and materials. In addition, the client will be charged an additional cost to cover the contractor’s overhead and profit.

3. Time and materials

A time and materials contract specifies the contractor’s hourly or daily rate. Clients also agree to pay for any additional costs that may arise during the project and are characterized as direct, indirect, markup, or overhead in the contract.

4. Unit pricing

Unit pricing contracts divide the project’s costs into measurable units. This is usually done by the activities or scope of work and the supplies required to execute those jobs.

Can a Construction Contract be terminated prematurely in Indonesia?

Yes, a Construction Contract in Indonesia can be terminated prematurely under certain conditions. These conditions, such as breach of contract or force majeure events, should be clearly stipulated in the contract. The contract should also outline the procedure for termination and the consequences thereof.

What duties does a contractor undertake under a Construction Contract in Indonesia?

Under a Construction Contract in Indonesia, a contractor undertakes various duties. These typically include executing the work as per the contract specifications, adhering to the project timeline, procuring necessary materials and labor, and complying with all relevant safety and quality standards. The contractor is also responsible for rectifying any defects or issues that arise during the construction process. The specific duties owed by the contractor would depend on the terms of the contract.