Implementasi Variation Order sebagai Klausul Derivatif terhadap Ruang Lingkup Tanggung Jawab Para Pihak Terkait dengan Keberlangsungan dan Pelaksanaan Perjanjian

Abstract

In the implementation of construction contracts changes often occur. These changes are very common because of the wishes of Service Users that arise during the implementation of a construction project, caused for example by changes in scope of work, technical specifications, materials, architectural planning, and work methods, including acceleration. Variation Order as a derivative clause serves as a reference for certain changes to the initial contract clause. The possibility of these changes is indeed seemingly institutionalized by the parties. However, the scope and implementation of the changes sometimes cannot be ascertained at the early stage of contract formation. In line with one legal requirement of agreements under Article 1320 paragraph (3) KUHPer, namely regarding a certain object, uncertainty over specific matters of the contract can lead to potential problems or multiple interpretations. In practice and development, although the Variation Order has been institutionalized by the parties to accommodate various changes, it still carries high potential for disputes due to differences in interpreting change scope, inaccurate contract administration, inappropriate variation procedures, lack of professionalism, and others.