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Project Agreement
I need a project agreement for a collaborative infrastructure development project between two companies, outlining roles, responsibilities, timelines, and deliverables. The agreement should include clauses for dispute resolution, confidentiality, and a termination clause with a 30-day notice period.
What is a Project Agreement?
A Project Agreement sets out the core terms and responsibilities between parties working together on a specific venture in Indonesia. It maps out who does what, when things need to happen, and how everyone gets paid - serving as the foundation for construction projects, infrastructure development, or public-private partnerships.
Under Indonesian law, these binding contracts must include clear scope definitions, payment mechanisms, and risk allocation provisions. They're especially important for investments governed by BKPM regulations and often work alongside other key documents like performance bonds and construction permits. Good Project Agreements help prevent disputes by spelling out everything from completion deadlines to force majeure procedures.
When should you use a Project Agreement?
Project Agreements become essential when you're launching complex ventures in Indonesia that involve multiple parties and significant resources. This includes major infrastructure projects, public-private partnerships, large-scale construction work, or any situation where you need to coordinate different stakeholders under Indonesian investment laws.
Use a Project Agreement early in the planning phase - ideally before any substantial work begins. It's particularly crucial for projects requiring BKPM approval, involving foreign investors, or when coordinating with government entities. The agreement helps prevent costly misunderstandings by clearly defining roles, timelines, and risk allocation while ensuring compliance with local regulations and permitting requirements.
What are the different types of Project Agreement?
- Cost Plus Construction Agreement: Used for flexible-budget construction projects where contractors receive actual costs plus a profit margin
- Construction Partnership Agreement: Structures joint ventures between construction firms, sharing risks and profits
- Joint Development Agreement: Governs collaborative property or infrastructure development between multiple parties
- Construction Management Contract: Details professional management services for construction oversight
- Project Management Agreement: Focuses on overall project coordination, timelines, and deliverables management
Who should typically use a Project Agreement?
- Project Developers: Lead the initiative and hold primary responsibility for Project Agreement execution, often Indonesian companies or joint ventures with foreign investors
- Government Agencies: Review and approve agreements, especially BKPM for foreign investment projects and local authorities for permits
- Legal Teams: Draft and negotiate terms, ensure compliance with Indonesian law, and handle dispute resolution provisions
- Construction Companies: Execute project deliverables and coordinate with subcontractors under the agreement's terms
- Financial Institutions: Provide project funding and may require specific provisions to protect their interests
- Technical Consultants: Advise on specifications and monitor compliance with technical requirements
How do you write a Project Agreement?
- Project Scope: Clearly define deliverables, timelines, and milestones aligned with Indonesian construction and investment regulations
- Party Details: Gather complete legal names, registration numbers, and authorized representatives of all involved entities
- Permits & Licenses: List required government approvals, especially BKPM permits for foreign investment projects
- Budget Details: Document payment terms, cost structures, and funding arrangements with supporting financial projections
- Risk Assessment: Map potential challenges and appropriate mitigation strategies under Indonesian law
- Technical Specifications: Compile detailed project requirements, quality standards, and acceptance criteria
- Review Process: Use our platform to generate a customized agreement that includes all mandatory elements
What should be included in a Project Agreement?
- Party Information: Full legal names, addresses, and registration numbers of all entities, including foreign investment details if applicable
- Project Scope: Detailed description of work, deliverables, and technical specifications in Bahasa Indonesia and English
- Payment Terms: Clear payment schedules, currency specifications, and tax obligations under Indonesian regulations
- Timeline: Project phases, completion dates, and milestone requirements aligned with permit deadlines
- Force Majeure: Specific events and procedures following Indonesian contract law principles
- Dispute Resolution: Choice of Indonesian law, jurisdiction, and arbitration procedures
- Termination Rights: Clear conditions and procedures for contract ending or modification
- Signature Block: Proper execution format with company stamps (meterai) as required by law
What's the difference between a Project Agreement and an Asset Purchase Agreement?
A Project Agreement differs significantly from an Asset Purchase Agreement in several key ways, though both are important for large-scale business transactions in Indonesia.
- Scope and Duration: Project Agreements focus on ongoing collaboration and execution of specific ventures, while Asset Purchase Agreements deal with one-time transfers of property or business assets
- Payment Structure: Project Agreements typically involve milestone-based payments over time, whereas Asset Purchase Agreements usually feature single or structured purchase payments
- Regulatory Framework: Project Agreements often require BKPM approval and ongoing compliance monitoring, while Asset Purchase Agreements primarily need initial transfer approvals
- Risk Allocation: Project Agreements distribute operational risks among multiple parties throughout the project lifecycle, while Asset Purchase Agreements mainly address transfer risks and warranties
- Performance Metrics: Project Agreements include detailed KPIs and project milestones, unlike Asset Purchase Agreements which focus on completion conditions and representations
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