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MANAJEMEN KONTRAK
(BM185111)
DOSEN IR. I PUTU ARTAMA WIGUNA, MT, PHD
DISUSUN OLEH KELOMPOK 1:
YULIUS INDHRA KURNIAWAN (09211850026019)
MARIO FRANKISTA SUROSO (09211950025030)
PUNTO BAGUS PAMBUDI TRIYASWORO (09211950025034)
LATAR BELAKANG
ROLE OF CONTRACT
CONTRACT
PROJECT MANAGEMENT PROCESS
GROUPS
THOSE PROCESSES PERFORMED TO DEFINE A NEW
PROJECT OR A NEW PHASE OF AN EXISTING
INITIATING PROJECT BY OBTAINING AUTHORIZATION TO START
THE PROJECT OR PHASE
THOSE PROCESSES REQUIRED TO ESTABLISH THE
SCOPE OF THE PROJECT, REFINE THE OBJECTIVES AND
CLOSING PLANNING DEFINE THE COURSE OF ACTION REQUIRED TO
ATTAIN THE OBJECTIVES THAT THE PROJECT WAS
UNDERTAKEN TO ACHIEVE
THOSE PROCESSES PERFORMED TO COMPLETE THE
PROCES WORK DEFINED IN THE PROJECT MANAGEMENT
S PLAN TO SATISFY THE PROJECT SPECIFICATIONS
THOSE PROCESSES REQUIRED TO TRACK, REVIEW,
AND REGULATE THE PROCESSES AND PERFORMANCE
CONTROLLING EXCEUTING OF THE PROJECT; IDENTIFY ANY AREAS IN WHICH
CHANGES TO THE PLAN ARE REQUIRED; AND
INITIATE THE CORRESPONDING PROJECT OR PHASE
THOSE PROCESSES PERFORMED TO FINALIZE ALL
MONITORING ACTIVITIES ACROSS ALL PROCESS GROUPS TO
FORMALLY CLOSE THE PROJECT OR PHASE
All industries have their own contract systems and approaches
6 2
Design / Build
Privately Funded (Contractor do the
Project (turnkey + design)
provide the funds)
5 3 Design / Build / Maintain
Managing Contractor 4 / Operate
Contract (open book – EPC / Turnkey
do and charge)
CHOICE OF FIDIC FORM OF CONTRACT
contractual role
GENERAL
CONTRACTING
CONTR
ACT
GENERAL CONTRACTING
oLegal arrangement
Documents o Contract conditions
financial arrangements o Legal courses of action
Payments
Iiquidated damages
insurance
Administration
procedures
ALLOCATION OF RISK
THE EMPLOYER RISKS
FLOW OF INFORMATION
Site meetings
Contract documents
EMPLOYEE/PRINCIPAL
• The contract between the principal and the contractor can be
evi- denced by a ‘formal instrument representative of the
obligations to be found in most construction contracts.
CONTRACTOR
• representative of the obligations to be found in most
construction contracts, but any particular construction
contract must be examined to find its express terms.
SUPERINTENDENT/REPRESENTATIVE
• The principal usually appoints an agent for the purposes of
administering for the principal certain aspects of the contract
EMPLOYER/OWNER OBLIGATIONS
• Includes: • Includes:
• Submitted Tender (Offer) • Workmanship / Materials
• Returnable Schedules • Warranties/Guarantees
• Required Insurances
• WUC
• As-built
• Management Plans + HSEQ documentation/Maintenance
• Securities (in lieu of retention) manuals
• Contractor’s Design
• Training
• Final Claim
OBLIGATIONS
WHO ADMINISTERS THE CONTRACT
ASSIGNMENT AND
SUBCONTRACTING
Assignment
Subcontracting
The Contract may specify the named specialist company to be appointed for a particular part of the
Works; in which case it should also specify coordination and other requirements, and the terms of
the proposed Subcontract.
The Contract may specify the named specialist company to be appointed for a particular part of the
Works; in which case it should also specify coordination and other requirements, and the terms
of the proposed Subcontract.
The Contractor can raise reasonable objection, with supporting particulars. Unless the Employer
agrees to indemnify the Contractor against and from the consequences of the matter:
(a) the Subcontractor does not have sufficient competence, resources or financial strength;
(b) the subcontract does not specify that the nominated Subcontractor shall indemnify the Contractor
against and from any negligence or misuse of Goods by the nominated Subcontractor, his agents and
employees; or
(c) the subcontract does not specify that, for the subcontracted work (including design, if any), the
nominated Subcontractor shall:
(i) undertake to the Contractor such obligations and liabilities as will enable the Contractor to
discharge his obligations and liabilities under the Contract, and (ii) indemnify the Contractor against
and from
TIME
• If the Employer requires to take over the Works in stages, each stage having its own Time for
Completion, delay damages, and (possibly) Tests on Completion.
• For Contractor-design, P&DB's and EPCT's Employer's Requirements should describe the Tests on
Completion, and any Tests after Completion, which are considered necessary to demonstrate that the
Plant and other Works satisfy the prescribed criteria
• The general sequence of events is as follows:
• the Contractor completes the Section or Works;
• the Contractor carries out the tests defined as the Tests on Completion;
• the Employer takes over the Section or Works;
• the Tests after Completion are carried out, if any;
• Defects Notification Period / Defects Liability Period / Maintenance Period
DELAYED DRAWINGS AND INSTRUCTIONS
No work shall be carried out on the Site on locally recognised days of rest, or outside the normal
working hours stated in the Appendix to Tender, unless:
(a) otherwise stated in the Contract, (b) the Engineer gives consent, or
(c) the work is unavoidable, or necessary for the protection of life or property or for the safety of the
Works, in which case the Contractor shall immediately advise the Engineer.
COMENCEMENT, DELAY & SUSPENSION
• If the Contractor fails to comply with Sub-Clause 8.2 [ Time for Completion ], the
Contractor shall subject to Sub-Clause 2.5 [ Employer’s Claims 1 pay delay damages to the
Employer for this default.
• These delay damages shall be the sum stated in the Appendix to Tender, which shall be
paid for every day which shall elapse between the relevant Time for Completion and the
date stated in the Taking- Over Certificate.
• However, the total amount due under this Sub-Clause shall not exceed the maximum
amount of delay damages (if any) stated in the Appendix to Tender.
SUSPENSION
Contract price
Progress claim
THE CONTRACT PRICE
CONTRACT FORM (SELECTION)
• After a notice of termination under Sub-Clause 15.2 [ Termination by Employer has taken effect, the
Employer may:
• (a) proceed in accordance with Sub-Clause 2.5 [Employer's Claims],
• (b) withhold further payments to the Contractor until the costs of execution, completion and
remedying of any defects, damages for delay in completion (if any), and all other costs incurred by the
Employer, have been established, and/or
• (c) recover from the Contractor any losses and damages incurred by the Employer and any extra costs
of completing the Works, after allowing for any sum due to the Contractor under SUb-Clause 15.3 [
Valuation at Date of Termination ].
• After recovering any such losses, damages and extra costs, the Employer shall pay any balance to the
Contractor.
TERMINATION BY CONTRACTOR
Contractual disputes arise from time to time and need to be resolved fairly, cost effectively and with as
little damage to ongoing relationships as possible.
Litigation can be appropriate in some cases. It is not however the best option.
CLAIMS AND DISPUTES
• Breach of Contract:
• Failure by a Company to meet its obligations under the Contract, e.g.:
• Failure to pay
• Failure to progress the WUC
• Provide access to site within time
• Provide information or documents within time
• Provide Free Issue Materials within time
• Provide a Superintendent who acts reasonably or in good faith
ALTERNATE DISPUTE RESOLUTION PROCESSES
REFERENSE
In contract management, it’s important to establish effective working relationships with suppliers. The nature of the
procurement will help to determine the relationship you want to develop with the supplier. The relationship spectrum
shows the differing degrees of closeness that can exist between buyers and suppliers – depending on the nature of the
contract.
RELATIONSHIPS BETWEEN AGENCIES AND SUPPLIERS
CAN BE:
• competitive (often called ‘win-lose’ relationships), where a gain by one party results in a
loss to the other, or
• collaborative (often called ‘win-win’ relationships), in which both parties acknowledge the
benefits of doing business together and adding value, from which they can both gain.
COMPETITIVE RELATIONSHIPS
Competitive relationships are associated with ‘transactional procurements’: simple exchanges in which the supplier provides goods
or services and the buyer provides money in payment. Transactional procurements typically involve:
• standard products or services
• many competing suppliers
• wide supply markets
• no benefits, or no need for a high degree of trust
• in environment in which the cost of switching from one supplier to another is low.
In a competitive relationship the buyer seeks to obtain the best possible price for the required quality and delivery standards.They
try to squeeze the supplier’s profit margins. While this approach is unlikely to produce a long-term relationship, it should always be
professional and ethical.
COLLABORATIVE RELATIONSHIPS
In a collaborative relationship the buyer seeks to develop a long-term relationship with the supplier – one
in which both seek ways to add value for the ultimate benefit of the buyer, the supplier and end users. It’s a
proactive relationship focused on looking for improvements, not a ‘cosy customer-supplier’ relationship in
which the status quo is allowed to prevail. The supplier and the buyer usually:
• look for improvements and innovations together, secure in the knowledge that any benefits achieved will
be shared
• jointly set targets for improvements in cost and quality, and meet regularly to discuss progress in
achieving them.
Collaborative relationships take time and effort to develop and are associated with more strategic
procurements. They’re not suitable for procurements where a failure in supply would not be damaging to
the buyer.
COLLABORATIVE RELATIONSHIPS
typically involve:
• shared objectives
• a mutual search for greater efficiency
• joint planning for the future
• each party understanding the expectations of the other and seeking to meet them
• an environment of equal partnership.
COLLABORATIVE RELATIONSHIPS
Trust can be the defining characteristic of a collaborative relationship between agency and
supplier. In this context it might mean having confidence in the other party’s:
• capability to ‘do the job’ well
• goodwill – having the interests of ‘us’ and the relationship at heart
• integrity – acting and speaking honestly
• commitment to the relationship beyond the letter of the contract.
Trust can only be won through developing strong relationships, often between the people
managing the contract on a day-to-day basis. It has to be built and ‘earned’ through actions and
behaviours, rather than assertions, and is often tested when problems arise.
JOINT PROBLEM-SOLVING
No matter how good the relationship between agency and supplier, and how stable the delivery of the goods or
services, problems can still arise. Good contract management involves both agency and supplier co-operating to
ensure that problems are recognised and resolved quickly and effectively.
You can do this by:
• agreeing on problem-handling procedures in advance through a risk management plan and dispute-resolution
protocol
• ensuring clear, timely notification, reporting and escalation procedures that enable problems to be resolved
before they develop into disputes
• ensuring the supplier has its own risk-management procedures, including internal escalation procedures, and
uses them when needed.
These procedures should seek to prevent problems as well as resolve them.
BENEFITS OF EFFECTIVE RELATIONSHIPS
Ultimately the relationship between your agency and its supplier will influence the contract’s success.
Get it right and the benefits will follow.
The benefits of developing and maintaining an effective working relationship include:
MANAGING RELATIONSHIPS WITH INTERNAL AND
EXTERNAL STAKEHOLDERS
From an agency’s perspective, ‘stakeholders’ include people within the organisation who
benefit from the goods or services (e.g. staff who use newly purchased desks) and people
outside the organisation (e.g. taxpayers who are the recipients of a purchased service).
Identifying these stakeholders and developing appropriate relationships is part of good
contract-management practice. In many procurements, these stakeholders’ needs and
expectations will be a key influence – their requirements must be satisfied and they must
be included in assessments or reviews of suppliers’ performance and the suitability and
quality of the goods or services delivered.
SATISFYING STAKEHOLDER GROUPS
• https://www.procurement.govt.nz/assets/procurement-property/documents/guide-
contract-and-relationship-management.pdf
GENERAL CONTRACTING
STUDI KASUS: DUNIA KONTRAK CHINA