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008 220798 th eng
035 _a.b10567914
099 9 _aAIT Thesis no.ST-92-09
100 0 _aSompon Limpawutiwaranont
245 1 0 _aResolution of legal disputes in the Thai construction industry
260 _aBangkok :
_bAsian Institute of Technology,
_c1992
300 _a145, [97] leaves
490 1 _aThesis ;
_vno. ST-92-09
500 _aA thesis submitted in partial fulfillment of the requirements for the degree of Master of Engineering, School of Engineering and Technology
502 _aThesis (M.Eng.) - Asian Institute of Technology, 1992
520 _aThe 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.
650 0 _aConstruction industry
_xLaw and legislation
_zThailand
700 1 _aArditi, David,
_eChairperson
700 0 _aPing Kunawatsatit,
_eExamination committee
700 1 _aOgunlana, Stephen O.,
_eExamination Committee
710 2 _aThe Royal Thai Government,
_eScholarship donor
810 2 _aAsian Institute of Technology.
_tThesis ;
_vno. ST-92-09
856 _3Full-Text
_u http://203.159.5.9/ait-thesis/detail.php?q=B16894
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