The General Contractor Subcontractor Agreement is a critical document used in Indonesian construction projects when a general contractor needs to delegate specific portions of construction work to specialized subcontractors. This agreement is structured to comply with Indonesian law, particularly Law No. 2 of 2017 on Construction Services and related regulations. It's essential for projects requiring specialized expertise, managing project complexity, or optimizing resource allocation. The document covers crucial aspects including scope definition, payment mechanisms, quality standards, safety requirements, and compliance with local construction regulations. It's designed to protect both parties' interests while ensuring project delivery aligns with Indonesian construction industry standards and practices.
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1. Parties: Identification and details of the General Contractor and Subcontractor, including their legal registration numbers and addresses
2. Background: Context of the agreement, including reference to the main contract and project details
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Work: Detailed description of the subcontracted works and deliverables
5. Contract Price and Payment Terms: Payment amount, schedule, method, and conditions for payment
6. Duration and Timeline: Project schedule, milestones, and completion dates
7. Subcontractor Obligations: Key responsibilities and duties of the subcontractor
8. General Contractor Obligations: Key responsibilities and duties of the general contractor
9. Materials and Equipment: Requirements for materials, equipment, and their procurement
10. Quality Standards and Inspection: Quality requirements, testing procedures, and inspection rights
11. Health, Safety and Environment: HSE requirements and compliance obligations
12. Insurance and Indemnity: Insurance requirements and indemnification provisions
13. Performance Security: Requirements for performance bonds or guarantees
14. Variations and Changes: Procedures for handling changes to scope or specifications
15. Default and Termination: Events of default, remedies, and termination procedures
16. Dispute Resolution: Process for resolving disputes between parties
17. General Provisions: Standard legal provisions including notices, governing law, and assignment
1. Intellectual Property Rights: Include when the work involves design elements or proprietary technology
2. Confidentiality: Include when sensitive information will be shared during project execution
3. Force Majeure: Include for longer-term projects or in areas with higher risk of external disruptions
4. Local Content Requirements: Include when project must meet specific local content regulations
5. Environmental Protection: Include for projects with significant environmental impact
6. Social Responsibility: Include when project requires community engagement or social programs
7. Anti-Corruption: Include for high-value contracts or government-related projects
8. Step-in Rights: Include for critical project components where contractor may need to take over
9. Warranties: Include when specific warranty periods are required beyond standard defects liability
1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings
2. Schedule 2 - Bill of Quantities: Itemized pricing and quantities
3. Schedule 3 - Project Schedule: Detailed timeline with milestones and critical paths
4. Schedule 4 - Payment Schedule: Detailed payment terms, milestones, and conditions
5. Schedule 5 - Key Personnel: List of key staff and their qualifications
6. Schedule 6 - Equipment Schedule: List of major equipment to be used
7. Schedule 7 - HSE Requirements: Detailed health, safety, and environmental requirements
8. Schedule 8 - Quality Assurance Plan: Detailed quality control procedures and standards
9. Schedule 9 - Forms and Templates: Standard forms for variations, progress claims, etc.
10. Schedule 10 - Insurance Requirements: Detailed insurance coverage requirements and limits
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