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

Abstrak

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 which is caused, among other things, because of changes in the scope of work, changes in technical specifications, changes in material types, changes in architectural planning, changes in work methods, accelerated work, etc. Variation Orders as derivative clauses will be located as a reference for certain changes to the initial contract clause. The possibility of these changes is indeed as if institutionalized by the parties. However, the scope of changes and their implementation can sometimes not be ascertained in the initial stages of contract making. In line with one of the legal requirements of the agreement in accordance with Article 1320 of the Criminal Code paragraph (3), namely regarding "certain things", the uncertainty over certain matters of the contract can cause potential problems or at least cause multiple interpretations. In practice and its development, even though the Variation Order has been institutionalized by the parties to accommodate various changes that may occur in the initial contract, it still has great potential for problems or disputes. This is due to differences in interpretation of the scope of implementation of changes, inaccurate contract administration, procedures for submitting Variation Orders that are not appropriate, the professionalism of the parties that are lacking, and others.