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The Important Role of Legal Consultants in Construction Agreements
A construction contract is a contract that is known in the implementation of building construction, both executed by the Government and the private sector. The role of the construction contract itself is very important in the implementation of development. In Article 18 paragraph (3) the construction contract is binding for the parties. In which one party cannot change the contents of the contract unilaterally. The construction contract contains 13 items that must be included in the construction service contract, namely:
- The identity of the contracting parties
- Job formulation
- The period of coverage and / or maintenance
- Description of experts, both regarding the number, qualifications of expertise, and classification of construction service work to be performed.
- Rights and obligations of the parties.
- Payment method
- Rules regarding default (default)
- Dispute settlement clause
- Termination of construction work contract
- Conditions that qualify as force majeure
- Clause regarding building failure
- Clause regarding worker protection
- Clauses regarding the fulfillment of obligations relating to the environment, such as Amdal.
However, in its implementation, the construction contract often experiences legal problems resulting from a lack of understanding of the rights and obligations of the parties, resulting in late completion of the contract, imperfect execution of the contract, even termination of the contract which can cause losses.
Then, what exactly is the role of a building construction Lawyer in this construction contract? The role of a legal consultant in a construction contract is basically to ensure that there are no unlawful aspects in the preparation of the construction contract. But apart from that, there are several roles of the legal consultant itself. For more details, the following is the Jakarta Legal Consultant to provide an explanation. Legal consultants ensure that the construction agreement or contract is valid according to the applicable law. As previously explained by the Jakarta legal consultant, the role of a legal consultant in the preparation of a construction contract is to ensure that the contents of the contract do not conflict with the applicable law.
Or in other words, it is the duties of advocates and legal consultants who will examine, "dissect", correct / adjust, and ensure all things (related to the law) in the company so that they comply with applicable laws for the smooth running of the company's business activities (legal audit). Prevent the emergence of legal disputes or problems in the future. If the agreement has been drawn up as well and as in detail as possible, then this will minimize the opportunity to commit fraud in doing business. It was because all the things and all the preceding sanctions were stipulated in the contract.
If a third party commits fraud or violates the agreement, your Advocate will immediately take available legal steps against the third party. Provide legal protection (defense outside and inside the court) and take quick action to prevent losses
No matter how good the implementation of a contract, parties may still feel that they are being aggrieved and end up filing various claims and lawsuits. So if that happens, the Advocate will provide protection to clients inside and outside the court (such as assisting in court, prosecutor's office, court, mediation, negotiation, arbitration and so on). Or vice versa, if your company is the one who is suffering losses, then the advocate will take legal steps available for and on behalf of the Company, against a third party that causes your company to suffer losses.