STUDI MODEL PREVALENSI PENYEBAB KLAIM DAN SENGKETA PADA KONTRAK EPC PROYEK INFRASTRUKTUR BERBASIS BUKTI EMPIRIK DAN MULTI PERSPEKTIF STAKEHOLDERS

Iskandar, Iskandar (2021) STUDI MODEL PREVALENSI PENYEBAB KLAIM DAN SENGKETA PADA KONTRAK EPC PROYEK INFRASTRUKTUR BERBASIS BUKTI EMPIRIK DAN MULTI PERSPEKTIF STAKEHOLDERS. Doctoral thesis, Universitas Tarumanagara.

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Abstract

The construction industry contributes significantly to national
economic growth. The government implements intensive development in the
infrastructure sector to encourage economic growth to prepare a better economic
foundation and aims to reduce distribution costs.
FIDIC Conditions of Contract is one of the model choices in
contracting, especially construction contracts, especially the EPC (Engineering,
Procurement, and Construction) contract model as part of the EPC/Turnkey
Project (Silver Book) which is a form of project management concept that
devolves responsibility on design activities (Engineering), material and
equipment procurement and construction implementation to Service Providers
(EPC contractors).
The implementation of the EPC contract model in many infrastructure
projects is still not running properly and there are still many claims and disputes
arise between the Owners and Service Providers, the settlement of which takes
considerable time, cost, and energy from the parties. As claims and disputes
occur frequently and repeatedly, it is necessary to have a good and developed
understanding to predict and minimize the occurrence of claims and disputes and
minimize their impact.
The aspects of EPC contracts (contract standards, implementation of
EPC contracts, understanding of EPC contracts, causes of claims, and case
studies of EPC contracts), are research areas and also the main focus of this
research. Through the use of these two models, it is found that there are
iii
similarities in terms of the main factors causing claims and disputes in
infrastructure projects that use the EPC contract model.
Through the two models used, this research qualitatively proves that the
FIDIC clause 13 - Variation and Adjustment (variable L) and clause 15 -
Termination by Service User (variable N) confirms that the more variations and
adjustments, as well as termination events by the Owners, occur in projects that
use the EPC contract model, the prevalence of claims and disputes will also be
higher. On the other hand, this research quantitatively also shows conformity, as
evidenced by the results of the superimpose RII analysis and case study analysis
stating that the two FIDIC clauses 13 - Variation and Adjustment (variable L)
and clause 15 - Termination by Service Users (variable N) are manifested as the
cause of claims and dispute.
From this research, it is found that there are different perceptions of the
parties involved in a project that uses the EPC contract model that causes claims
and disputes. It is also shown that the involvement of the State Auditor is the
main cause of claims and disputes and has a different point of view of the EPC
contract model compared to other construction service business actors. Similar
research are required with a wider range of elements, not limited to: EPC
Contract Standards; EPC Contract Implementation; Cause of Claim; and
Understanding of EPC Contracts by referring to similar case studies in the EPC
contract model.

Item Type:	Thesis (Doctoral)
Subjects:	Tesis Tesis > Pascasarjana
Divisions:	Fakultas Teknik > Teknik Sipil
Depositing User:	TDI Family perpus
Date Deposited:	25 Oct 2022 13:39
Last Modified:	09 May 2023 09:58
URI:	https://repotest.untar.ac.id/id/eprint/37487

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