- Asia
- Construction & Infrastructure
Indonesia: Statutory liabilities in the case of building failure
In construction projects, the nature and type of defects can vary dramatically, as can the point in time at which they become apparent, and the liabilities of the contractor with regard to the defects. As detailed below, Indonesian law imposes statutory liability both on employers and contractors regarding “building failure”, which cannot be avoided by the construction contract between the two parties. In order to manage the risk of the contractor related with its liabilities toward the defects, it is crucial to first distinguish between building defects and building failure, as the provisions and treatment for these matters differ significantly. In this article, we will focus on the regulation of contractor liabilities in the case of building failure. Indonesia’s current...To read the full article, please see the PDF file
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Asia / Construction & Infrastructure Newsletter
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Shintaro is one of Japan’s leading experts on FIDIC and other construction-industry contracts. He specializes in international engineering and construction of infrastructure projects around the world, with a particular focus on Japan and Asia. He has extensive experience advising on a wide range of projects, including semiconductor plants, data centers, high-speed railways, highways, submarine cables, coal-mining process facilities, Mass Rapid Transit, high-rise buildings, lithium hydroxide plants, various types of power plants, tunnels, ports, dredging, offshore wind, and water treatment and supply facilities, with primary contracts based on the standard FIDIC contract forms (including Redbook, Yellowbook, Silverbook 1999 and 2017 version), Minkanrengo Building contract, Nikkenren Design Build and ENAA. On the contentious side, Shintaro has represented both employers and contractors in proceedings before Dispute Adjudication Boards, arbitral tribunals, and in the courts of various jurisdictions. .
Shintaro has been selected as a Leading Individual in the Construction: International category in Singapore for Chambers Asia-Pacific 2023 and 2024.
Regarding conflict and crisis management in Asia, he has handled numerous complex and difficult cases during his 13 years stationed in Southeast Asia, advising on risk analysis and response strategies based on the local situation. In particular, he has experience in handling over 60 litigation cases and criminal matters in Indonesia over the past 12 years, demonstrating his expertise in handling local disputes.