KLAIM KONSTRUKSI, SISTEM PERENCANAAN DAN PENGENDALIAN PROYEK, FIDIC, PERMEN PUPR NO 14 TAHUN 2020

• Main Author: Sando Herawan, M
• Format: Theses
• Language: Indonesia
• Online Access: https://digilib.itb.ac.id/gdl/view/57123
• Institution: Institut Teknologi Bandung

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.