CHANCE AND DESIRE, THE ROOT OF CONSTRUCTION CLAIMS

Sarwono Hardjomuljadi

Abstract


In a construction project contract activities, can certainly be differences of opinion over the
interpretation of contract clauses that develop into disputes. In the event of any dispute, any
party that ultimately wins through the process ofarbitration or litigation, the loss will always be in the service user.
Differences of opinion, where one side feels the contractor services provider mustsubmit a claim to be eligible for
doing something or because they feel harmed by the behavior ofthe service users, all while the service users do not
feel obligated to pay because they do not feel or not feel commanded complicate or lead to the existence of
barriers to the contractor.
Pre-contract strategy from the service user, which is preparing a general conditions of contract which has been
standardized as FIDIC General Conditions of Contract, known as a fair and balanced conditions that can
be done to reduce the possibility offiling a claim from the contractor that occurs because of
the "opportunity" , but the second leading cause of "desire" to get more profits, up to now has not been assessed.
However "lust" This requires special handling, of course, with the development ofconscience.


Key words: claims, disputes, conditions ofcontract, opportunity, desire


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DOI: https://doi.org/10.24853/jk.2.2.%25p

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