Construction Disputes in FIDIC-Based Contracts: A Case Study of Court Decisions

Disputes in construction projects are complex issues involving technical, administrative, and legal aspects. Fédération Internationale des Ingénieurs-Conseils (FIDIC) standard forms, as an international contract standard, are widely used in infrastructure projects in Indonesia. This study aims to identify the profile and pattern of disputes arising in the implementation of FIDIC-based construction contracts in Indonesia, as well as to analyze the effectiveness of the dispute resolution mechanism regulated in the standard. Using a normative-empirical legal approach, this study examines six Indonesian court decisions that adopted the FIDIC standard forms. The results of the analysis show that disputes generally revolve around changes in work, claims for bond disbursements, and unilateral contract termination. This study highlights the important role of the dispute board in resolving construction disputes. The results of this study are expected to provide practical and academic contributions to the development of construction contract law in Indonesia.

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Publication Details

Journal
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
Published
2026-01-13
DOI
https://doi.org/10.1061/jladah.ladr-1462
Primary Topic
European and International Contract Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Construction Disputes in FIDIC-Based Contracts: A Case Study of Court Decisions

Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
European and International Contract Law
article

Construction Disputes in FIDIC-Based Contracts: A Case Study of Court Decisions

article en

Abstract

Disputes in construction projects are complex issues involving technical, administrative, and legal aspects. Fédération Internationale des Ingénieurs-Conseils (FIDIC) standard forms, as an international contract standard, are widely used in infrastructure projects in Indonesia. This study aims to identify the profile and pattern of disputes arising in the implementation of FIDIC-based construction contracts in Indonesia, as well as to analyze the effectiveness of the dispute resolution mechanism regulated in the standard. Using a normative-empirical legal approach, this study examines six Indonesian court decisions that adopted the FIDIC standard forms. The results of the analysis show that disputes generally revolve around changes in work, claims for bond disbursements, and unilateral contract termination. This study highlights the important role of the dispute board in resolving construction disputes. The results of this study are expected to provide practical and academic contributions to the development of construction contract law in Indonesia.

Journal of Legal Affairs and Dispute Resolution in Engineering and ConstructionVol. 18(2)
President University (ID)
Openalex Percentile: Top 91%
European and International Contract Law
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