| dc.description.abstract | In performance of physical development, the employer
party should use contractor service for its performance.
It 1s done by making contract which is called as
construction agreement by referring to KUH perdata, A.V.
1941 and Kepres No. 16 in the year 1994 jo. Kepres No. 24
in the year 1995.
In performance of the construction agreement, it is
necessary to explore that procedure which is done before
the agreement, legal relation and position of the parties
in the agreement, contract document as well as its
changing, contract change, the default, the form, and the
causes factor and how the agreement ends.
In order the such describe. the research is done
with descriptive analysis. The research location is in
Banda Aceh city and the respondents are established
purposively namely 2 government instances and 2 private
instances as employers parties and 60 contractors.
Primary and secondary data is obtained through
library study, understanding of contract document as well
as field study by using interview guidance and
questionnaire distribution.
Based on the result of research it is obtained the
description among others, the procedure which is done
before the agreement such as prequalification assesment
and the auction has not been done well, so that basic
performance of the agreement, legal relation of the parties
is as employer and work implementor, the position
of contractor is not balance with the position of
employer, so that contractor is in weak position. The
involvement of subcontractor in work performance is outside
of basic contract. Subcontractor only responsibilities
for contractor and all subcontractor action is supposed as
contractor action as the who1e, In practice, contract
change is still done to other contractor without the
consent from employer and it is included in anti-healthy
competition practices.
In performance of construction agreement, default
which is happened such as, the contractor retires after
winning the auction, contractor is late to finish the
work, contractor is late to start the work and contractor
stops the work without any legality reason, The cause of
default is contractor management is not so good. lack of
supporting personnel, unsupporting natural condition,
notice to proceed (NTP) is late be issued, coordination
from employer is not so well, preparation of material is
limited. the Lateness of payment by employer party and
contractor is getting bankrupt.
construction agreement ends after the work is transferred,
contract ceasinq as the existence of force majeur
and the contract in breach by the parties. | en_US |
