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Analysis on the Possession of Site as Physical Cause of Claim and the Related Clauses in the “FIDIC Conditions of Contract for Construction MDB Harmonised Edition”

JBASR 12

ABSTRACT

Construction claims dealing with delays are among the most complicated and difficult to analyze. The delay on possession of site commonly is not single; there are always overlapping or concurrent delays. It will be followed by claim on change in design and sometimes the acceleration. Different with other kind of delays, which origin are always debatable because of different interpretation, the delay on possession of site is clear, that the contractor cannot commence the Works, because of no availability of working area. .Writer try to conduct the analysis on the employer’s responsibility in relation with possession of site. The employer’s consciousness on the importance of giving the possession of site to the contractor and its concurrence effect both phisycal, legal and financial. Whether the employer is a privet corporation, or a government agency, no one wants to expend more, which is not worth the expenses. Nowadays legal and financial consciousness of the people, develop the complexity of possession of site process, from land acquisition to other kind of possession of site. More over, many disputes caused by delay in possession of site caused by less attention paid to the contract from the pre-bid conference, pre-contract negotiation to the conditions of contract. The result of the study showed that possession of site have its wider meaning, not only the land acquisition, but also availability of infrastructure and availability of utilities. It was found that some of them could be control through management decisions while the others are beyond the control. Attention should be paid also to the clauses in the conditions of contract.

KEYWORDS: possession of site, FIDIC conditions of contract, negligence, wording sentences.

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