24thApril 2020

Construction Agreement Contract

This agreement is made on the date written above our signatures between.

Contractor: NUR IRAWAN

Company : SIDOJAYA
Address : Jl.Raya Gumicik No.93 Ketewel,Kec.Sukawati,Kab.Gianyar,Bali 80582
NPWP : 81.946.158.3-603.000
NIB : 2609210012448
Nationality : Indonesian
ID No/NIK : 3515020120580004
Telephone : +62 819 1927 7779
E-mail: : [email protected]
Nur Irawan will be referred to as Contractor throughout this agreement.

Owner: MARLEEN ANS BACKX

Nationality : _________________
Passport No : _________________
Mobile phone : _________________
E-mail : _________________
_________________ will be referred to as Owner throughout this agreement.

The Construction Site

Legal description / Address: Jalan Padonan Gang Padi Asri 2, Pererenan, Badung, Kuta Utara,
Bali (Named as Emma’s Bali Guest House)
I. Project Description

For a price identified below and figure in the BOQ, Contractor agrees to complete a new
residence (identified as the Project in this agreement) for the Owner.

II. Contract Price

In addition to any other charges specified in this agreement, the owner agrees to pay
the Contractor 1.714.000.000 IDR for completing the Work described in the BOQ as the Project.
if the owner need to add work exclude of the BOQ or working drawing can be charged the new
agreemen.

III. Approximate Start Date

Work under this agreement will begin when signing this construction agreement and
once the down payment mentioned below has arrived to the contractor. All new modification
to original project will need to be decided and updated in the working drawings before the
project starts on site, and after that, once the changes are clear.

IV. Approximate Completion Date

Work under this agreement will be substantially completed 7 months (220 days) from
the starting date of construction of the project, once this construction agreement is agreed and
signed. The specified duration for completion of the contract is an estimate only and any
Indonesian public holidays or extended closure due to annual leave of either banks or
government departments will therefore be added to the estimation completion times.

V. Documents
This agreement follows by BOQ and refferrance of plan and facade architecture
drawing. which define and describe the Work to be done. The following documents are
incorporated as though included in full as part of this agreement.

VI. Scope of Work

 Contractor shall supervise and direct the work and accepts responsibility for
construction means, methods, techniques, sequences and procedures required to complete the
Project in compliance with the Contract Documents.
To minimize Work stoppages, slowdowns, disputes or strikes. Except as may be
specifically provided elsewhere in this or a separate agreement, Contractor is not liable to
Owner for damages suffered by Owner as a result of Work stoppages, slowdowns, disputes or
strikes.

VII. Project Superintendent

The Contractor shall be available to supervise the Work on a regular basis or shall have a
competent Representative available, either on the Job Site or by phone, with authority to give
instructions and make decisions for construction

VIII. Owner's Responsibilities

The Owner will ensure to respond in writing and with reasonable promptness to written
requests from the Contractor for (1) interpretation of the Plans or Specifications, or (2) other
information relevant to completion of the Work. Contractor is authorized to rely on written
responses from Owner.

IX. Payment Plan

The Owner will pay to Contractor the Contract Price in instalments consisting of
scheduled payments and a final payment on completion of the Work.

X. Progress Payments
A. Schedule Payments
The Contract Price has been agreed in ………………. IDR. Down payments will be transfer
or cash to the contractor after signing the contract. For the remaining payment to follow
progress. Before the progress contractor will give to owner a report during progres project.

PROGRES PAYMENT (IDR) PERSENTATION

20% (down payment) 20%
21%-40% 20%
41%-60% 20%
61%-80% 20%
 81%-100% 15%
100% - Complete 5%
TOTAL 100%

BANK NAME NUMBER BANK ACCOUNT NAME OF ACCOUNT

BCA (Bank Central Asia) 0182948783 Nur Irawan

B. Processing of Progress Payments

The Owner is required to issue payment to the Contractor in the amount approved and
in compliance with the terms of this contract.
Promptly on disapproval of all or any portion of a payment request, the Owner shall
provide to the Contractor written notice of denial identifying for each line item denied: (1) The
amount withheld, (2) The Defect or reason for withholding, (3) The remedial action required to
cure the Defect. Owner shall pay the Contractor within 5 Calendar Days for the value of line
items thus approved.
All delay on payments from the Owner to the Contractor can be followed by delays on
works on site and can be justify by the Contractor as a valid delay on Time Schedule.

XI. Grounds for Withholding Payment

The Owner may withhold payment due to the Contractor for Defective Work, which has
not been corrected in compliance with terms of this agreement.
Grounds entitling the Owner to withhold certain amounts due to the Contractor under
this agreement shall not relieve the Owner from the obligation to pay the Contractor other
amounts when due and shall not relieve the Owner of the obligation to pay in full when the
reason for withholding payment no longer exists.
Should any mediation, arbitration or court proceeding determine that the Owner was
not justified in withholding payment to the Contractor, the amount wrongfully withheld shall be
treated as an unpaid balance and accrue interest as provided by Law or this contract from the
Calendar Day payment was wrongfully withheld.

XII. Final Payment

The Contractor will submit an application for final payment and will notify Owner when
the Work has been completed.
 Making of final payment constitutes waiver of all Claims by the Owner against
Contractor except those Claims previously made in writing and delivered to the Contractor and
those obligations otherwise provided by this agreement or by operation of Law.
The acceptance of final payment by the Contractor shall constitute a release by the
Contractor of known Claims against Owner arising out of this contract except those Claims
which (1) Have been made in writing and identified by Contractor as not having been settled at
that time, or (2) Are based on fraud or misconduct by Owner.
The Owner will notify the Contractor of the date when notice of the Final Completion is
recorded. If the Owner takes possession and occupancy of the Project without recording a
notice of Final Completion, the Owner hereby appoints the Contractor as agent to sign and
record a notice of completion of the Project.
The owner will not be able to take possession of the Project until final payment have
been received in account by the Contractor.

XIII. Changes in the Work

Except as required by changes in the Prime Contract between the Owner and the
Contractor, no change to this contract (including Modification, clarification, interpretation or
correction of the Plans or Specifications) shall be made without mutual agreement and a
written Change Order signed by the Contractor and the Owner identifying the change, the cost
of the change, and the effect on Project Schedule.
Increases the cost of completing the Work or delays the Contract Completion Date shall
be considered Extra Work.
No Claim for payment for Extra Work and no claim for additional time to complete the
Work shall be recognized under this agreement without a written Change Order or a notice of
Claim. Failure by the Contractor to assert the right to a written Change Order or a Claim within
30 Calendar Days after beginning Work on a change in the Work shall constitute waiver by the
Contractor of the right to additional compensation and waiver of the right to additional time to
complete a change in the Work. No act or omission of either the Contractor or the Owner shall
be interpreted as waiver of the Requirement for a written Change Order or notice of Claim, nor
shall any Claim that the Owner has been unjustly enriched support a Claim for a constructive
Change Order. The provisions of this paragraph are the essence of this agreement.
Any Change Order would be quoted by the Contractor and would have an extra 20% fee
charge of Change Order cost.
Failure of the Contractor and the Owner to agree on the terms of a Change Order shall
be resolved under the provisions of this agreement which cover Claims and disputes.
 Should the Contractor and the Owner fail to agree promptly on the terms of a Change
Order, the Contractor shall be paid, pending resolution of the dispute, the portion of the cost of
the change not in dispute, including the costs of time and materials required to execute the
change. Payments required under this paragraph shall be made as the Work progresses,
concurrently with progress payments.
All Change Order will be paid after agreed by both parties before the execution of this
change, before starting the works on site for this change, and once agreed on project time
frame modifications related with the Extra Works required.

XIV. Cooperation of the Parties

The Contractor shall cooperate with persons employed by the owner. In the case of
disagreements as to the sequence of Work, use of space, responsibility for damage, or other
dispute related to the Work, Contractor and those working for the Contractor shall abide by the
decision of the Owner or Owner's Representative on the procedure to be followed. Contractor
is not responsible for the works done by other 3rd party employed by the owner.

XV. Contractor Claims

The Contractor and the Owner agree to make a good faith effort to resolve all Claims
that arise under this agreement and shall seek the opinion of expert disinterested parties on
the validity of Claims, when appropriate. Claims not resolved to the mutual satisfaction of the
Contractor and the Owner shall be resolved under the provisions of this agreement covering
dispute resolution.

XVI. Warranty
A one month warranty will be issued on all structural works done by the contractor and
the sub-contractors.

XVII. Arbitration
Any dispute arising out of this ‘Agreement’ shall, to the extent possible, be settled
amicably between the ‘Parties’. Any such dispute that cannot be resolved within 30 (thirty) days
after the matter in dispute has been brought by one ‘Party’ to the attention of the other ‘Party’
should, at the election of either ‘Party’, be resolved by arbitration in the English language under
BANI (Indonesian Arbitration Body) Rules. Both ‘Parties’ are entitled to make written
submissions to the arbitrator so appointed upon the subject matter of the dispute. The
decision of BANI shall be final, binding and incontestable and may be used as a basis for
judgment thereon in Indonesia or elsewhere.
The ‘Parties’ hereto expressly agree that Article 6 of Law number 30 of 1999 regarding
arbitration shall apply so that accordingly there shall be no appeal to any court from the
decision of the arbitrators. The ‘Parties’ hereto further expressly agree that Article 56
paragraph 1 of the said Law number 30 of 1999 regarding arbitration shall apply to the extent
that the arbitrators shall be bound by strict rules of law in making their decision, but may not
pronounce judgment ex-aequo et bono.
Neither ‘Party’ shall be entitled to commence or maintain any legal proceeding in a
court of law upon any matter in dispute until such matter has been submitted and determined
as hereinbefore provided and then only for the enforcement of the respective arbitration
award.
Pending the submission to arbitration and thereafter until the Board of Arbitration
publishes its award; the ‘Parties’ shall, except in the event of termination, continue to perform
all their obligations under this Agreement without prejudice to a final adjustment to be made in
accordance with a determination decision or award .

Badung , 24, April 2020

_______________________ NUR IRAWAN

(Owner) (Contractor)