KLAIM KONSTRUKSI, SISTEM PERENCANAAN DAN PENGENDALIAN PROYEK, FIDIC, PERMEN PUPR NO 14 TAHUN 2020
Project delivery systems that is often used in construction projects is Design Bid Build (DBB). Design Bid Build method is a project delivery systems that separates the contract between design construction phase, so the contractor is not involved in the design. Differences conditions faced by...
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| Format: | Theses |
| Language: | Indonesia |
| Online Access: | https://digilib.itb.ac.id/gdl/view/57123 |
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| Institution: | Institut Teknologi Bandung |
| Language: | Indonesia |
| Summary: | Project delivery systems that is often used in construction projects is Design Bid
Build (DBB). Design Bid Build method is a project delivery systems that separates
the contract between design construction phase, so the contractor is not involved
in the design. Differences conditions faced by contractors in the field may result in
the need for changes to work in the construction phase. Consequences of additional
costs and/or extensions time incurred can be submitted to the owner in the form of
a contractor claim. However, according to Holland DE (1998), sometimes when
the claims that have been prepared are not accepted by the owner because the
application for submitting a claim is late, the contractor does not follow the
contract procedure, the required data recording is not accurate, the claim
submitted does not have a strong basis and the information needed to test claims
requirement is not available. The problem above is related to the project planning
and control system that regulates the applicable project administration process and
the completeness of the data/information that should be recorded by the project
team. Therefore, the purpose of this research is to know the description of
construction claims and the role of the project planning and control system in
proving claims.
This research uses primary data (questionnaires) and secondary data (standard
contracts and case studies). The survey results provide an overview of the types of
construction claims that are most often experienced by all parties involved in
construction is combined claims (additional costs and time), which are submitted
on the basis of contract clauses as the legal basis relevant to the factors causing
the claims that occur. The results analysis show the important role of the project
planning and control system in proving construction claims, especially to provide
complete, accurate and formal data records regarding project information; and
determine standard operational procedures for filing and proving claims. In
addition, it was also identified that the clauses in the FIDIC General Conditions of
Contract contract model are more comprehensive, fair, and balanced in
anticipating various causes of construction claims compared to the article in the
PUPR Ministerial Regulation No. 14 of 2020. This study recommends the adoption
of the FIDIC general conditions of contract clause. into the regulation of
construction claims of the PUPR Ministerial Regulation so that the rights between
owner and contractor are equal. |
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