The Construction Settlement Agreement is a crucial document used in Indonesia when parties involved in construction projects need to formally resolve disputes or claims that have arisen during the project lifecycle. It serves as a legally binding document under Indonesian law, particularly aligned with Law No. 2 of 2017 on Construction Services and the Indonesian Civil Code. This agreement is typically employed when parties wish to avoid or terminate litigation or arbitration proceedings, documenting the negotiated resolution of issues such as payment disputes, construction defects, delays, or variations. The document includes essential elements such as settlement amounts, payment terms, mutual releases, and any ongoing obligations. It may also address specific Indonesian regulatory requirements, local construction practices, and necessary governmental approvals. The agreement is particularly important in the Indonesian construction sector where formal documentation of dispute resolution is crucial for legal certainty and business relationships.
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1. Parties: Identification of all parties to the settlement agreement, including full legal names, registration numbers, and addresses
2. Background: Context of the original construction contract, relationship between parties, and description of disputes leading to settlement
3. Definitions: Definitions of key terms used throughout the agreement, including technical construction terms and settlement-specific terminology
4. Settlement Sum: Details of the settlement amount, payment terms, schedule, and method of payment
5. Mutual Releases: Terms of mutual release from claims related to the disputed matters
6. Representations and Warranties: Statements of fact and assurances from each party regarding their authority and capacity to enter into the settlement
7. Confidentiality: Obligations regarding confidentiality of the settlement terms and related information
8. Implementation: Specific actions required by each party to implement the settlement
9. Governing Law and Jurisdiction: Confirmation of Indonesian law as governing law and jurisdiction for dispute resolution
10. General Provisions: Standard contract provisions including notices, amendments, severability, and entire agreement
1. Outstanding Works: Include when there are remaining construction works to be completed as part of the settlement
2. Third Party Claims: Include when settlement affects or requires protection against third party claims
3. Tax Provisions: Include when settlement payment has specific tax implications requiring detailed treatment
4. Insurance and Bonds: Include when settlement involves insurance claims or requires continuation/termination of construction bonds
5. Environmental Compliance: Include when settlement involves environmental issues or remediation
6. Intellectual Property: Include when settlement involves transfer or licensing of construction-related IP
7. Regulatory Compliance: Include when settlement requires specific regulatory approvals or notifications
1. Schedule 1 - Original Contract: Copy or summary of the original construction contract and key amendments
2. Schedule 2 - Dispute Summary: Detailed description of the disputes being settled
3. Schedule 3 - Payment Schedule: Detailed breakdown of settlement payments and timing
4. Schedule 4 - Outstanding Works: Specifications and timeline for any remaining construction works
5. Schedule 5 - Release Documentation: Forms of release and discharge to be executed
6. Schedule 6 - Completion Certificate: Form of completion certificate if applicable
7. Appendix A - Authority Documents: Corporate authorizations and powers of attorney
8. Appendix B - Site Documentation: Relevant site photographs, plans, or technical documentation
Relevant legal definitions
Clauses
Relevant Industries
Real Estate Development
Infrastructure
Commercial Construction
Industrial Construction
Residential Development
Energy & Resources
Public Works
Healthcare Facilities
Education Facilities
Hospitality
Retail Development
Transportation
Relevant Teams
Legal
Operations
Construction
Project Management
Finance
Risk Management
Commercial
Compliance
Executive Leadership
Procurement
Relevant Roles
Project Director
Construction Manager
Legal Counsel
Contract Manager
Chief Executive Officer
Chief Financial Officer
Project Manager
Site Manager
Claims Manager
Risk Manager
Commercial Director
Operations Director
General Counsel
Quantity Surveyor
Chief Operating Officer
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