Tortious Liability of Construction Failures: an Analysis of Law on Construction Services in Indonesia

Purwadi, Ari (2018) Tortious Liability of Construction Failures: an Analysis of Law on Construction Services in Indonesia. International Journal of Civil Engineering and Technology (IJCIET), 9 (4). pp. 883-890. ISSN Print: 0976-6308 and Online: 0976-6316

Text Tortious Liability of Construction Failures A Legal Analysis on Indonesian Construction IJCIET_09_04_099 Ari Purwadi.pdf Restricted to Registered users only Download (1MB) | Request a copy

Abstract

Failure of building construction will result in liability based on unlawful acts. In building construction work is known the existence of professional responsibility, accountability according to law, and responsibility based on technical standard of construction. Legal liability may occur because of a breach of contract or contract due to unlawful acts by the contractor. Accountability based on broken promises can be used without waiting for work failures, but there have been deviations from the design of the agreed building details. While liability based on unlawful acts is used in case of a construction failure resulting in a loss to the employer after the delivery of the building. However, the difficulties encountered relate to the burden of proof, since employers will find it difficult to prove the existence of an element of error based on the technical standards of construction. Arrangement of the Construction Services Act 2017 for failure of buildings using the principle of liability based on errors and determinations of building failures shall be established by the expert assessor established by the Minister. This arrangement is more used buildings for public purposes. For private property to balance the proof of error, it is not possible to use the mechanism set forth in the law, it is necessary to accommodate the law by using the principle of always responsible presumption. Keywords: liability, unlawful conduct, construction failure.

Item Type:	Article
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law > Master in Law Sciences Study Program
Depositing User:	Ari Purwadi
Date Deposited:	05 Jun 2018 06:45
Last Modified:	11 Oct 2018 03:30
URI:	http://erepository.uwks.ac.id/id/eprint/1146

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