Hallo unity! A few days ago I got a question about Procurement. If there is a case where a construction supervisor consultant work with Lumpsum contract type there is a physical delay of the work caused by the implementing contractor (the combined contract type of unit price and lumpsum). Well, is the supervisory consultant mandatory to pay the physical delay of the job as well as the same nominated as the penalty given to the implementing contractor?
The answer is dependent on what is contained in his contract. Basically, all agreed contracts must have been contained in the Service Agreement. Before drafting in a contract based on the basis of pacta sunt servanda, make sure that you have pre-researched whether in the ministerial regulation of PUPR/other rules that have clear rules or regulations. Another thing that, for sure every line of management hopes to avoid the fine so that the strategy is not compulsory to pay if, the consultant can provide evidence that they have warned the project executor to The Schedule. As can be an official letter from consultant to the project executor need to CC (Carbon copy) to the owner of the project. Sometimes if there are constraints that like this is done joint meeting so that all know the problems that are faced and also for the solution.
Some hopefully can add to your insight all, see you!
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