| Author | Tanatat Wisetsurakarn |
| Call Number | AIT Thesis no.CM-10-02 |
| Subject(s) | Construction industry--Law and legislation--Thailand
|
| Note | 235 leaves : ill. |
| Publisher | Asian Institute of Technology |
| Series Statement | Thesis ; no. CM-10-02 |
| Abstract | The Thai construction industry has been greatly developed, and experienced. Constructions 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 and tort 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 and tort law. By using Supreme Court decisions pertaining to construction contract and tort disputesare analyzed and once know the judge key decision and detail story then proposing the specific problem of that case and recommendations for improvement the professional practices.Thestudy indicates that the problems found inSupreme Court both in tortcases and in contract cases can mainly be divided into sevenproblems as follows.Earthwork found that the piling was done with negligence or without sufficient careful planning, erroneous bid specs / lack of quality found that construction didn‘t follow the architectural planor drawing specifications and careless construction or lack of knowledge about proper construction methods., owner interference found that there was delay from the project owner, warranty period found that did not repair the work to its perfect condition while it was under warranty, project delay found that the construction wasn‘t completed in due time, third party harm found that careless practice in constructing tall buildings that were adjacent to surrounding buildingsand no signs or precautions to warn people of the construction, the digging, or other activities which caused danger, overdue debt found that didn‘t pay wages or didn‘t pay wages in due time.From the aforementioned information, it can be seen that the engineers have high levels of responsibility and must be knowledgeable and experienced in their work. They also have to work carefully to complete their work. Therefore, it is suitable for both engineers and involved personnel to study work data and past court cases that are related to their work, so that they can be careful about their work. |
| Year | 2010 |
| Corresponding Series Added Entry | Asian Institute of Technology. Thesis ; no. CM-10-02 |
| Type | Thesis |
| School | School of Engineering and Technology (SET) |
| Department | Department of Civil and Infrastucture Engineering (DCIE) |
| Academic Program/FoS | Construction Engineering and Infrastructure Management (CM) |
| Chairperson(s) | Chotchai Charoenngam |
| Examination Committee(s) | Hadikusumo, B.H.W;Noppadol Phien-wej |
| Scholarship Donor(s) | Troscana. Co.Ltd |
| Degree | Thesis (M.Eng.) - Asian Institute of Technology, 2010 |