materi fidic pjt non kecil yogya 2016

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  • Administrasi Kontrak(1.Kontrak)

  • 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

    Kontrak

    KonstruksiAdministrasi

    Kontrak

    Klaim

    Konstruksi

  • 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

    binding.

    (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

    conditions

    (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

    proceeds

    John Adriaanse (2007): Construction Contract Law

  • ADMINISTRASI KONTRAK:

    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:

    Sarwono Hardjomuljadi

  • FIDIC CC for Works of Civil Engineering Construction 4th edition

    (1987)

    FIDIC CC for Works of Civil Engineering Construction 3rd edition

    (1977)

    FIDIC CC for Works of Civil Engineering Construction 2nd edition

    (1969)

    FIDIC CC for Works of Civil Engineering Construction 1st edition

    (1957)

    General Condition of Contract ICE 3rd edition

    (1945)

    *) Tahun 1988 FIDIC 4th Edition dicetak ulang dengan editorial amendments

    FIDIC CC for Construction 1st edition

    (1999)

    FIDIC CC for Construction MDB Harmonised Edition

    (2006)

  • Which contract to be used

    STRAIGHT

    FORWARD PROJECT

    EMPLOYER

    DESIGN

    CONTRACTOR DESIGN

    Plant and/or high unforeseen risks

    Fixed price - lump sum

    Little employer involvement

    No major unforeseen risks

    no

    no

    no

    DISCUSS IN DETAIL

    Employers requirements

    with the Contractor, and

    negotiate a modified FIDIC

    contract

    no

    yes

    yes

    yes

    Maintenance

    yes

    yes

    no

    Sarwono Hardjomuljadi

  • 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

    jasa.

    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.

    Sarwono Hardjomuljadi

  • FIDIC GCC for Works of Civil

    Engineering Construction

    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

    Contract.

    Sarwono Hardjomuljadi

  • 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) [1]

    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.

    Sarwono Hardjomuljadi

  • 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

    the Contractor.

    Sarwono Hardjomuljadi

  • 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.

    Sarwono Hardjomuljadi

  • 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.

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