RESOLVING CLAIMS FOR BREACH OF CONSTRUCTION SERVICE AGREEMENT WITH FORCE MAJEURE GROUNDS

Nico Ari Widodo, . (2023) RESOLVING CLAIMS FOR BREACH OF CONSTRUCTION SERVICE AGREEMENT WITH FORCE MAJEURE GROUNDS. Syiah Kuala Law Journal, 7 (3). pp. 231-247. ISSN 2580-9059

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Abstract

The construction contract regulates legal relationship between client and construction service. The responsibilities of their performance to complete the work naturally involve factors that may hinder the work being carried out. One of these hindrances is Force Majeure. The force majeure clause contract is intended to prevent one party from incurring losses in an agreement due to acts of God. This research examines two issues, identifying the elements of compensation claims resulting from the failure to complete construction and the resolution of breach of contract disputes in construction service agreements on the grounds of force majeure. Research employs normative juridical method, literature review utilizing secondary relevant legislation data of primary legal sources and secondary legal in literature and scholarly articles. It also employs a legal dictionary as a tertiary legal source related. The discussion concludes that the elements of compensation claims resulting from the failure to complete construction obligate providing compensation for breach of contract to the aggrieved party. Resolving breach of contract disputes in construction service agreements on the grounds of force majeure, the first and alternative step can be to renegotiate the agreement as a means to reach an amicable settlement without involving more formal legal processes.

Item Type:	Article
Additional Information:	[No. Panggil : 2010611238] [Pembimbing : Dwi Aryanti Ramadhani] [Penguji 1 : Ali Hanafiah Selian] [Penguji 2 : Sulastri]
Uncontrolled Keywords:	Construction Services, Force Majeure, Dispute Resolution
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S1)
Depositing User:	Nico Ari Widodo
Date Deposited:	09 Mar 2024 02:07
Last Modified:	09 Mar 2024 02:07
URI:	http://repository.upnvj.ac.id/id/eprint/28979

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