ARBITRASE SEBAGAI SOLUSI PENYELESAIAN KLAIM BIAYA KONSTRUKSI AKIBAT PEMBERIAN PERPANJANGAN WAKTU

Abstract

Complexities in the implementation of construction projects often encounter conditions of dispute due to differences in understanding between the project owner and the contractor regarding the contract agreement. This dispute condition often leads to the emergence of construction claims. One of the construction claim is a cost claim resulting from a time extension being granted. These cost disputes include overhead costs, price adjustments, performance guarantee extension costs, equipment demurrage costs, equipment idle costs.. This dispute occurred because in the contract clause, the provisions related to cost settlement due to the extension of time was not stated clearly, giving rise to a dispute between the parties, so that an Alternative Dispute Resolution (APS) was needed, one of the APS chosen and used by the parties to resolve this dispute is Arbitration. Arbitration has several advantages, including the parties being able to choose their own arbitrator so that the quality of the decision will be more guaranteed, decision making will be faster, there will be confidentiality of the arbitration award and the relationship between the parties will be maintained. Arbitrator will examine the problem looking at the contractual, statutory, technical aspects and also the supporting data required. The results of this arbitration in several construction projects, both in the form of Binding Opinion and Procedural Arbitration, have proven to be effective as an effort to speed up the resolution of construction disputes because the results are binding so that the parties can use the arbitration results as material for amending the Contract Agreement.