General Construction Agreement for Indonesia

General Construction Agreement Template for Indonesia

A comprehensive legal agreement governed by Indonesian law that establishes the terms and conditions for construction works between a project owner and a contractor. This document incorporates requirements from Indonesian Construction Services Law No. 2 of 2017 and related regulations, detailing the scope of works, payment terms, timelines, quality standards, and compliance requirements. It includes provisions for risk allocation, dispute resolution, and specific Indonesian regulatory requirements such as local content and worker safety standards, making it suitable for both domestic and international construction projects in Indonesia.

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What is a General Construction Agreement?

The General Construction Agreement serves as the primary contractual framework for construction projects in Indonesia, establishing the legal relationship between project owners and contractors. This document is essential for any construction project in Indonesia, whether residential, commercial, industrial, or infrastructure development. It ensures compliance with Indonesian Construction Services Law No. 2 of 2017 and related regulations while addressing crucial aspects such as scope of works, payment terms, quality standards, and risk allocation. The agreement is designed to protect both parties' interests while facilitating smooth project execution in accordance with Indonesian legal requirements. It includes provisions for local content requirements, environmental compliance, worker safety standards, and dispute resolution mechanisms specific to the Indonesian construction sector.

What sections should be included in a General Construction Agreement?

1. Parties: Identification of the contracting parties including full legal names, registration numbers, and addresses

2. Background: Context of the agreement including project overview and parties' intentions

3. Definitions and Interpretation: Definitions of key terms and rules for interpreting the agreement

4. Scope of Works: Detailed description of the construction works to be performed

5. Contract Price and Payment Terms: Agreement on price, payment schedule, and payment mechanisms

6. Project Timeline: Construction schedule, milestones, and completion dates

7. Contractor Obligations: Detailed responsibilities and obligations of the contractor

8. Employer Obligations: Detailed responsibilities and obligations of the employer

9. Quality Standards and Inspection: Required quality standards, inspection procedures, and acceptance criteria

10. Materials and Equipment: Requirements for materials and equipment, including procurement and standards

11. Health, Safety and Environment: HSE requirements and compliance with Indonesian regulations

12. Insurance and Securities: Required insurance coverage and performance securities

13. Variations: Procedures for handling changes to scope, price, or timeline

14. Force Majeure: Definition and consequences of force majeure events

15. Default and Termination: Events of default, remedies, and termination procedures

16. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law

17. General Provisions: Standard legal provisions including notices, assignments, and amendments

What sections are optional to include in a General Construction Agreement?

1. Site Conditions: Specific provisions regarding site conditions and site access - include when site has special characteristics or access restrictions

2. Subcontracting: Rules and procedures for subcontracting - include when subcontracting is anticipated

3. Local Content Requirements: Provisions for local content and workforce - include for projects subject to Indonesian local content regulations

4. Intellectual Property: IP rights and obligations - include when design or innovative construction methods are involved

5. Environmental Management: Detailed environmental requirements - include for projects with significant environmental impact

6. Community Relations: Requirements for managing community relations - include for projects in sensitive community areas

7. Testing and Commissioning: Detailed testing requirements - include for complex technical installations

8. Defects Liability Period: Extended warranty provisions - include for projects requiring longer-term guarantees

What schedules should be included in a General Construction Agreement?

1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings

2. Schedule 2 - Project Timeline: Detailed construction schedule and milestone dates

3. Schedule 3 - Bill of Quantities: Itemized list of quantities and prices

4. Schedule 4 - Payment Schedule: Detailed payment terms, milestones, and procedures

5. Schedule 5 - Site Plan and Access Requirements: Site details, access points, and temporary works areas

6. Schedule 6 - Quality Assurance Plan: Detailed quality standards and testing requirements

7. Schedule 7 - HSE Requirements: Detailed health, safety, and environmental requirements

8. Schedule 8 - Forms of Securities: Templates for bank guarantees and other securities

9. Appendix A - Required Insurance Coverage: Details of required insurance policies and coverage levels

10. Appendix B - Key Personnel: List of key personnel and their qualifications

11. Appendix C - Permits and Licenses: List of required permits and responsible parties

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 | Serial Founder & Legal AI Author

Jurisdiction

Indonesia

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Infrastructure

Commercial Construction

Industrial Construction

Residential Development

Energy

Manufacturing

Healthcare

Education

Hospitality

Retail

Transportation

Mining

Oil and Gas

Relevant Teams

Legal

Operations

Commercial

Procurement

Project Management

Construction

Finance

Risk and Compliance

Health and Safety

Quality Assurance

Technical

Business Development

Relevant Roles

Project Manager

Construction Manager

Legal Counsel

Contract Manager

Commercial Director

Chief Executive Officer

Operations Director

Procurement Manager

Site Manager

Quality Assurance Manager

HSE Manager

Risk Manager

Finance Director

Technical Director

Development Manager

Compliance Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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