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Contractor Subcontractor Agreement for Indonesia

Contractor Subcontractor Agreement Template for Indonesia

A comprehensive legal agreement governed by Indonesian law that establishes and regulates the relationship between a main contractor and a subcontractor for the execution of specific work packages within a larger project. The document incorporates requirements from Indonesian Construction Services Law (Law No. 2 of 2017) and related regulations, defining the scope of work, payment terms, performance standards, safety requirements, and legal obligations of both parties. It includes provisions for compliance with local construction regulations, labor laws, and specific Indonesian business practices while providing mechanisms for project execution, quality control, and dispute resolution.

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What is a Contractor Subcontractor Agreement?

The Contractor Subcontractor Agreement is a crucial document in Indonesian construction and development projects where specialized work packages need to be delegated to qualified subcontractors. This agreement type is specifically designed to comply with Indonesian legal requirements, including the Construction Services Law (UU Jasa Konstruksi) and related regulations. It is commonly used when a main contractor needs to engage specialized service providers for specific aspects of a larger project, ensuring clear delineation of responsibilities, quality standards, and risk allocation. The document becomes particularly important in complex projects where multiple subcontractors need to be managed effectively while maintaining compliance with local regulations, safety standards, and project specifications. The agreement typically includes comprehensive provisions for project execution, payment mechanisms, quality control, safety requirements, and dispute resolution procedures, all tailored to the Indonesian legal and business environment.

What sections should be included in a Contractor Subcontractor Agreement?

1. Parties: Identification of the main contractor and subcontractor, including their legal registration details and addresses

2. Background: Context of the agreement, including reference to the main contract and project details

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Work: Detailed description of the works to be performed by the subcontractor

5. Duration and Timeline: Project schedule, completion dates, and milestones

6. Payment Terms: Pricing, payment schedule, invoicing requirements, and payment conditions

7. Performance Standards: Quality requirements, workmanship standards, and compliance with relevant Indonesian construction regulations

8. Materials and Equipment: Responsibilities for supply, maintenance, and quality of materials and equipment

9. Health and Safety: Safety requirements and compliance with Indonesian health and safety regulations

10. Supervision and Reporting: Requirements for project supervision, progress reporting, and communication protocols

11. Insurance and Indemnity: Insurance requirements and indemnification obligations

12. Warranties: Warranties for workmanship and materials

13. Default and Termination: Conditions for default, remedies, and termination procedures

14. Dispute Resolution: Process for resolving disputes under Indonesian law

15. General Provisions: Standard legal provisions including notices, amendments, and governing law

What sections are optional to include in a Contractor Subcontractor Agreement?

1. Environmental Requirements: Include when project has specific environmental impacts or requirements

2. Local Content Requirements: Include when project must meet Indonesian local content requirements

3. Intellectual Property Rights: Include when work involves creation or use of intellectual property

4. Force Majeure: Include detailed force majeure provisions for high-risk or long-term projects

5. Bank Guarantees: Include when performance bonds or other financial guarantees are required

6. Confidentiality: Include when sensitive information will be shared

7. Anti-Corruption: Include for compliance with Indonesian anti-corruption laws, especially in public projects

8. Foreign Worker Requirements: Include when foreign workers will be employed on the project

What schedules should be included in a Contractor Subcontractor Agreement?

1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings

2. Schedule 2 - Bill of Quantities: Detailed breakdown of quantities and prices

3. Schedule 3 - Project Timeline: Detailed project schedule with milestones

4. Schedule 4 - Payment Schedule: Detailed payment terms and milestone payments

5. Schedule 5 - Key Personnel: List of key personnel and their qualifications

6. Schedule 6 - Equipment Schedule: List of required equipment and specifications

7. Schedule 7 - Forms and Procedures: Standard forms for notices, variations, and claims

8. Schedule 8 - HSE Requirements: Detailed health, safety, and environmental requirements

9. Appendix A - Insurance Requirements: Detailed insurance specifications and coverage requirements

10. Appendix B - Quality Assurance Plan: Quality control procedures and requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Indonesia

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions




















































Clauses




































Relevant Industries

Construction

Infrastructure Development

Real Estate

Mining

Oil and Gas

Manufacturing

Energy

Telecommunications

Transportation

Industrial Development

Commercial Development

Residential Development

Relevant Teams

Legal

Procurement

Operations

Project Management

Construction Management

Contract Administration

Risk Management

Health Safety Environment

Quality Control

Commercial

Technical Services

Compliance

Relevant Roles

Project Manager

Construction Manager

Contract Administrator

Legal Counsel

Procurement Manager

Site Supervisor

Quality Control Manager

HSE Manager

Commercial Manager

Risk Manager

Operations Director

Technical Director

Chief Engineer

Project Coordinator

Compliance Officer

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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