Construction project disputes: when mediation pays off
Delays and cost overruns do not have to end in court. Here is how to judge whether mediation is worth trying.
Pillar VI
Construction Disputes, Mediation & Litigation
We look for settlements that protect confidentiality and business relationships first. If talks fail, we take the case to court in a measured way. Serving clients across Greater Jakarta and beyond, in person or online.
Who we act for
Project owners, contractors, business partners and shareholders in a dispute.
Services in this pillar
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Commercial mediation
Private mediation between business partners or shareholders to reach a settlement that can be confirmed as a court-approved settlement deed.
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Construction contract disputes
Untangling disputes over build quality, delays and cost overruns using technical drawings and the law of construction contracts.
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Civil and commercial litigation
Taking the case to court when negotiation and mediation do not succeed.
Issues we often handle
- A project is late or the build departs from the contract
- Claims for extra costs from a contractor or project owner
- Disagreements between shareholders or business partners
- A contract breach that negotiation has not resolved
How we approach it
- 01 Review the contract, working drawings and timeline
- 02 Assess each side’s legal and technical position
- 03 Try mediation or negotiation first
- 04 Go to arbitration or court if needed
Frequently asked questions
Is a mediated settlement binding?
A mediated settlement binds the parties as a contract. To make it enforceable like a judgment, it can be confirmed by the court as a settlement deed under Supreme Court Regulation No. 1 of 2016.
How does the law say construction disputes are resolved?
Law No. 2 of 2017 on Construction Services puts deliberation and consensus first. If that fails, the parties follow the steps set out in their contract, such as mediation, conciliation or arbitration.
Related insights
We are here to help
Tell us briefly about the business or legal issue. The 60-minute preliminary meeting is free of charge with written limits, and we reply within one working day.