PENYELESAIAN KLAIM DENGAN ENGINEER DETERMINATION AKIBAT KONDISI FISIK YANG TIDAK DAPAT DIPERKIRAKAN SEBELUMNYA PADA PERGERAKAN TANAH DI AREA TIMBUNAN BUKITSARI PROYEK JALAN BEBAS HAMBATAN JAWA BAGIAN BARAT

Abstract

The Construction of the Jawa Bagian Barat Toll Road Phase 2 experienced obstacles in the physical implementation of construction in the form of landslides or land movements that occurred on November 25, 2021 at Bukitsari Area. The determination of the contractual basis in the context of handling the landslide was carried out based on the results of technical analysis and contractual analysis where the Construction Work Contract used the FIDIC Construction of Contract for Construction, MDB Harmonised Edition 2006 contract standard. Based on the results of technical analysis and field investigation, it was found that there was a condition that the slip surface was not the same as the initial estimate based on 2017 data that the slip surface was at a depth of 14-18 m, it turned out that the inclinometer test results showed a depth in the range of 28-34 m. This condition indicates the occurence of an Unforseeable Physical Condition as stated in General Conditions of Contract Subclause 4.12. Then the Supervisory Consultant on the basis of the agreement of the Parties (Contractor and Employer) determines the occurence as a Physical Condition that cannot be foreseen, so that further handling of the Bukitsari Area avalanche can be carried out in accordance with the provisions of the Contract, if the Contractor requires an additional cost and/or extension of time as a result of the physical condition, the Contractor can submit a claim for an extension of time and/or additional cost to the Employer