Construction Owner's Representative Contract Template for Indonesia

A Construction Owner's Representative Contract under Indonesian law establishes the legal framework for appointing a qualified professional or firm to represent the owner's interests throughout a construction project. This agreement, governed by Indonesian construction and civil law, particularly Law No. 2 of 2017 on Construction Services, defines the representative's authority, responsibilities, and limitations in overseeing construction activities. The document outlines detailed provisions for project supervision, quality control, compliance monitoring, reporting requirements, and the protection of the owner's interests throughout the construction process.

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What is a Construction Owner's Representative Contract?

The Construction Owner's Representative Contract is essential for construction projects in Indonesia where the project owner requires professional representation to oversee their interests. This document becomes particularly important in complex construction projects where the owner may lack technical expertise or capacity for day-to-day project supervision. The agreement, governed by Indonesian law including Law No. 2 of 2017 on Construction Services and related regulations, establishes the scope of authority, responsibilities, and limitations of the representative's role. It includes crucial provisions for project oversight, quality control, compliance with local regulations, reporting mechanisms, and protection of the owner's interests. The document is designed to ensure effective project management while maintaining compliance with Indonesian construction laws and industry standards.

What sections should be included in a Construction Owner's Representative Contract?

1. Parties: Identification of the Owner and the Owner's Representative, including their complete legal details and authority to enter into the agreement

2. Background: Context of the appointment, including details of the construction project and the need for owner's representation

3. Definitions: Key terms used throughout the agreement, including project-specific and technical terms

4. Appointment and Scope of Services: Formal appointment clause and detailed scope of the representative's services

5. Authority and Limitations: Extent and limitations of the representative's authority to act on behalf of the owner

6. Representatives Duties and Obligations: Specific responsibilities including project monitoring, reporting, and quality control

7. Owner's Obligations: Owner's responsibilities including provision of information, approvals, and access

8. Project Documentation: Requirements for maintaining and managing project documentation

9. Reporting Requirements: Frequency, format, and content of required reports

10. Fees and Payment Terms: Compensation structure, payment schedule, and reimbursable expenses

11. Duration and Timeline: Contract period, key milestones, and extension provisions

12. Professional Standards: Required standards of care and professional conduct

13. Compliance with Laws: Obligation to comply with Indonesian construction and related laws

14. Insurance and Liability: Insurance requirements and liability limitations

15. Termination: Grounds and procedures for contract termination

16. Dispute Resolution: Procedures for resolving disputes, including jurisdiction under Indonesian law

17. General Provisions: Standard clauses including notices, amendments, and governing law

What sections are optional to include in a Construction Owner's Representative Contract?

1. Performance Security: Required when the project value exceeds certain thresholds or when requested by the owner

2. Health and Safety Obligations: Detailed section needed for high-risk construction projects

3. Environmental Compliance: Required for projects with significant environmental impacts

4. Local Content Requirements: Needed when project falls under Indonesian local content regulations

5. Multiple Project Sites: Required when representation covers multiple construction sites

6. Substantial Completion Procedures: Detailed procedures needed for complex projects

7. Technology and Software Requirements: Needed when specific project management software or technology is required

8. Anti-Corruption Provisions: Enhanced provisions for government-related projects or high-value contracts

What schedules should be included in a Construction Owner's Representative Contract?

1. Schedule A - Scope of Services: Detailed breakdown of all services to be provided by the representative

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

3. Schedule C - Project Details: Specific details of the construction project(s) covered

4. Schedule D - Key Personnel: List of key personnel and their roles from both parties

5. Schedule E - Reporting Templates: Standard formats for required reports and documentation

6. Schedule F - Service Levels: Performance metrics and service level requirements

7. Schedule G - Project Timeline: Detailed project schedule and milestones

8. Appendix 1 - Power of Attorney: Format of power of attorney defining representative's authority

9. Appendix 2 - Insurance Requirements: Detailed insurance requirements and minimum coverage

10. Appendix 3 - Compliance Checklist: Checklist of regulatory and statutory 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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