Roof and Wall Leaks 8 Months After Villa Completion

Our client invested in building a villa in Bali. The contract that the contractor proposed to him appeared simple and 'standard': price, deadlines, scope of work. There were no clauses regarding material quality guarantees or defect rectifications.

Eight months after the project's completion, the rainy season arrived, and problems began: the roof leaked, and damp patches appeared on the walls. The client contacted the contractor but was met with a logical response:

  • "There are no guarantees in the contract, so we are not liable..

What to do if the contractor refuses to respond?

It seemed that in such a situation the client was left defenseless. But the client decided to consult our lawyer. During the case review, the following points were identified:

Indonesian law has a whole set of norms that protect the investor even when the contractor tries to shirk all obligations and hide behind contract clauses.

The law is on the client's side

  • The first level — construction standards (SNI).
    According to SNI 2847:2019, concrete structures should withstand moisture and prevent water ingress. Roof and wall leaks are a direct violation of this standard.

  • The second level — the law.
    Law No. 2 of 2017 on Construction Services (UU No. 2/2017, Pasal 65–66) stipulates: if a building does not meet strength, safety, or functionality, it is considered kegagalan bangunan (building failure). The contractor is responsible for such defects for up to 10 years after project completion.

  • The third level — governmental regulation.
    Government Regulation No. 22 of 2020 (PP No. 22/2020, Pasal 86–89) directly obligates the contractor to rectify such defects or compensate for damages.

Result

The lawyer prepared a legal claim based on these norms, and as a result, the contractor could not evade responsibility! He rectified the leaks and performed cosmetic repairs at his own expense. The client did not spend a single rupee on this.

This case clearly shows that even in the most desperate situation, a solution can be found if you seek help from specialists. But it’s worth remembering that this whole process could have been avoided if the client had approached us at an early stage and conducted a contract review before signing. All clauses that could have worked against the client would have been corrected, supplemented, or excluded at the contract drafting stage, and his rights would have been protected from the outset.

Don't sign without checking

Remember: even the simplest contract can hide pitfalls.

If you need document review or legal consultation, the Legal Indonesia team is always here — to protect your interests and assist at every step.

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