Construction Consulting Contract Template for Indonesia

A comprehensive legal agreement governed by Indonesian law that establishes the terms and conditions for providing professional consulting services in construction projects. This document incorporates requirements from Indonesian Construction Services Law (Law No. 2 of 2017) and related regulations, addressing aspects such as service scope, professional standards, liability, and local content requirements. It includes provisions for both domestic and international consulting arrangements, ensuring compliance with Indonesian construction industry standards while facilitating professional service delivery.

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What is a Construction Consulting Contract?

The Construction Consulting Contract is essential for projects requiring professional consulting services in Indonesia's construction sector. It is designed to comply with Indonesian law, particularly Law No. 2 of 2017 on Construction Services and its implementing regulations. This document is typically used when engaging consultants for construction project planning, design, supervision, or management services. It addresses key aspects such as scope of services, professional standards, regulatory compliance, and risk allocation, while incorporating specific Indonesian requirements for construction consulting services. The contract is suitable for both domestic and international consulting arrangements, ensuring proper documentation of responsibilities, deliverables, and commercial terms while maintaining compliance with local regulatory requirements.

What sections should be included in a Construction Consulting Contract?

1. Parties: Identification of the Client and Consultant, including registration details and authorized representatives

2. Background: Context of the agreement, project overview, and basis for engagement

3. Definitions: Defined terms used throughout the agreement, including technical and legal terminology

4. Scope of Services: Detailed description of consulting services to be provided, including deliverables and exclusions

5. Consultant's Obligations: Key responsibilities, professional standards, compliance requirements, and performance standards

6. Client's Obligations: Client's responsibilities, including provision of information, access, and approvals

7. Project Timeline: Project schedule, milestones, and completion dates

8. Fees and Payment: Consulting fees, payment schedule, expenses, and payment terms

9. Professional Standards: Quality standards, applicable codes, and professional requirements under Indonesian law

10. Intellectual Property: Ownership and usage rights of deliverables and pre-existing materials

11. Confidentiality: Protection of confidential information and trade secrets

12. Liability and Indemnification: Limitation of liability, professional indemnity, and insurance requirements

13. Term and Termination: Duration, renewal, and termination provisions

14. Force Majeure: Provisions for unforeseen circumstances and their handling

15. Dispute Resolution: Dispute resolution process, governing law, and jurisdiction

16. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

What sections are optional to include in a Construction Consulting Contract?

1. Foreign Workers: Required when foreign consultants are involved, addressing work permits and compliance with Indonesian foreign worker regulations

2. Environmental Compliance: Required for projects with significant environmental impact, detailing environmental standards and compliance requirements

3. Health and Safety: Required for on-site consulting services, detailing safety protocols and responsibilities

4. Local Content Requirements: Required for government projects or when local content requirements apply

5. Currency and Exchange Rates: Required for international contracts with payments in foreign currency

6. Technology Transfer: Required when the project involves transfer of technical knowledge or technology

7. Anti-Corruption: Required for government projects or when working with public entities

8. Subcontracting: Required when the consultant may need to engage subcontractors

What schedules should be included in a Construction Consulting Contract?

1. Schedule 1 - Scope of Services: Detailed breakdown of consulting services, methodologies, and deliverables

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones

3. Schedule 3 - Project Timeline: Detailed project schedule with milestones and delivery dates

4. Schedule 4 - Key Personnel: Details of key consultant team members and their qualifications

5. Schedule 5 - Client's Requirements: Specific technical requirements and standards set by the client

6. Schedule 6 - Required Insurances: Details of required insurance coverage and limits

7. Appendix A - Required Forms and Reports: Templates for progress reports, invoices, and other required documentation

8. Appendix B - Technical Standards: Applicable technical standards and codes

9. Appendix C - Health and Safety Requirements: Detailed health and safety procedures and requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Indonesia

Publisher

Genie AI

Cost

Free to use

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