| Author | Sompon Limpawutiwaranont |
| Call Number | AIT Thesis no.ST-92-9 |
| Subject(s) | Construction industry--Law and legislation--Thailand
|
| Note | A thesis submitted in partial fulfillment of the requirements for the degree of Master of Engineering, School of Civil Engineering
|
| Publisher | Asian Institute of Technology |
| Abstract | The Thai construction industry has been greatly developed, and experienced a boom for
the fifth consecutive year. Construction of several large projects are being carried out in the
both public and private sectors. There are an increasing number of construction contracts
resulted in claims and disputes. All of the parties involved in the Thai construction industry are
fully aware that disputes not only lead to cost overruns, but can end up as expensive and lengthy
courtroom battles. However, very few studies related to construction contract claims and
disputes in Thailand have been presented. This study is an attempt to gain further insight to
construction contract claims and disputes in the Thai construction industry.
This thesis examines the subject-matter of construction contract disputes which were
resolved in the Thai courts of law. The data examined include the reasons behind the legal
disputes and the legal principles concerning construction contract law. Also, the views and
opinions of the experienced persons involved in the Thai construction industry on the frequency
and severity of claims and disputes, causes associated with high incidence of claims, dispute
resolution procedures, and recommendations for reducing the number of claims and severity of
disputes were investigated through questionnaires. Alternate approaches to conciliation and
arbitration that currently have been developed in Thailand are described in the study.
The study indicates that the largest proportion of legal disputes are pertaining to alleged
breach of contract. A knowledge of the legal principles concerning construction contract law
and practices is a useful guide on avoiding legal disputes in construction projects. From the
questionnaire survey, time problem and changes are the subjects of claims and disputes that most
frequently occur, while responsibility for damages to existing or adjoining property is the type
of claims and disputes that is the most severe and difficult to resolve. The economic situation
is also the important factor leading to high incidence of claims and disputes in construction
projects. The great majority of construction contract claims -about 85 percent- can be settled
agreeably by negotiations at the project level. Conciliation and arbitration are alternative qispute
resolution methods that offer several advantages compared to litigation as follow: (1) privacy;
(2) informality of proceedings; and (3) speed and efficiency. The recommendations for reducing
the number of claims and severity of disputes can be addressed most effectively by focusing on
the critical areas of the practices of the parties involved and of the contracting process. |
| Year | 1992 |
| Corresponding Series Added Entry | Asian Institute of Technology. Thesis ; no. ST-92-9 |
| Type | Thesis |
| School | School of Civil Engineering |
| Department | Department of Civil and Infrastucture Engineering (DCIE) |
| Academic Program/FoS | Structural Engineering (STE) /Former Name = Structural Engineering and Construction (ST) |
| Chairperson(s) | Arditi, David |
| Examination Committee(s) | Ping Kunawatsatit;Ogunlana, Stephen O. |
| Scholarship Donor(s) | The Royal Thai Government |
| Degree | Thesis (M.Eng.) - Asian Institute of Technology, 1992 |