Construct Case

Wrong contract for the construction of buildings, warehouses and other buildings. Deposit Insurance

   Commissioning A contract of employment means that the contract of remuneration agreed by the contractor to do something to the employer until the completion. And the employer agrees to pay for the achievement.

The contractor pay

1. in the hiring process is not completed. The employer may terminate the contract. But to pay compensation to the contractor.

2. Use this claim to pay the employer. The contractor is a trader. The claim must be filed within 2 years from the date of delivery of the final installment of Section 193/34 (1)

3. If there are disputes between private parties and government agencies regarding construction contracts. Which is considered utilities. It is a dispute over the administrative contract. The contractor must file a lawsuit against the court.

4. in the deposit insurance. The contractor can claim within 10 years from the end of the insurance period.

The employer claims. Because of defects

1. If the contract is not otherwise. The contractor is responsible for defects that appear within 1 year from the date of delivery. Or appear within 5 years if the building is next to the ground. In addition to the wooden house. Unless the contractor will cover defects.

2. However, the employer must file a lawsuit within one year from the date the defect occurs.

3. If a building contractor delivers a defective building Employers prefer to keep wages until the contractor will correct the defect well and finish. Unless the contractor provides reasonable assurance. If no defects appear. The employer must pay this part of the contract. If you hold it, it can be considered a default. And be liable to pay debt and interest at the rate of 7.5 percent per year from the date of default.

Sample of court judgments interesting.

issues 1 that do not stick to the ground. 1 year from date of delivery.

Judgment of the Court No. 7116/2538

   Under the contract to renovate the roof deck, toilet repair, toilet of the plaintiff's bank. The building is already existing. Defendant, the contractor is liable for defects that occur within 1 year from the date the plaintiff received the job. When a crack on the floor occurred within a year, the defendant was repaired and the plaintiff was given a repair. The defendant is not liable for the same cracks that occurred again after one year and the defect caused by the renovation of the roof is not such a defect caused by the building to the ground. The contractor must be liable within 5 years from the date of delivery under the Civil and Commercial Code, Section 600, first paragraph.

Issues 2 Rights of claim is 10 years term

Judgment of the Supreme Court No. 6335/2550

   The defendant's contribution deducted from the wages to be paid to the plaintiff in each installment is the plaintiff and the defendant as a counterparty wishes to use as collateral damage that may arise from the construction. It can not be regarded as an overdue wage that the plaintiff must use the right to claim within 2 years under the Civil and Commercial Code, Section 193/34 (1) Claims in this case are not law-specific age requirements. So it is 10 years old under Section 193/30.

Issues 3 The employer accepts the work. The contractor is not liable for late delivery. The parties do not consider the period as specified in the contract is material, so no penalty.

Judgment of the Supreme Court No. 3012/2552

   In addition to the construction work under the defendant's contract 1, the plaintiff's additional work from the contract. The plaintiffs need to take more time. In addition to the delivery of the 14th and 15th plaintiffs delivered simultaneously after the construction period has ended, but the defendant has paid the two installments to the plaintiff, not appearing at the time of delivery of the defendant. To be prosecuted or held liable for the penalty. The defendant claimed that the second defendant told the plaintiff that it would be useful to use the building is just a foregone, it is a right to call for a penalty.

   The defendant was awarded the 14th and 15th installments, both at the construction period has ended and the plaintiff to build the 16th installment, which is the last period. It shows that the defendant does not consider the contract period is important. Both have a defendant to the plaintiff to do the contract. It is a circumstance that indicates that the contract relating to the delivery of the work has not been completed under this contract. The plaintiff and the defendant are each intended to be suspended is not a breach of contract. Thus, the defendant has no right to a penalty payable to the plaintiff to deliver the contract expires in accordance with the Civil and Commercial Code, Section 381, paragraph three and Section 597

The Thailand Civil and Commercial Code

TITLE VII

HIRE OF WORK

Section 587 The hire of work is a contract whereby a person, called contractor, agrees to accomplish a definite work for another person, called employer, who agrees to pay him a remuneration of the result of the work.

Section 596 If the work is delivered after the time fixed in the contract, or if no time was fixed, after reasonable time has elapsed, the employer is entitled to a reduction of remuneration or when time is of the essence of the contract to rescission.

Section 597 If the employer has accepted the work without reservation, the contractor is not liable for the delay in delivery.

Section 599 In case of delay in delivery or of delivery of a defective work, the employer is entitled to withhold the remuneration unless the contractor gives proper security.

Section 600 Unless otherwise provided in the contract, the contractor is only liable for defect appearing within one year after delivery of the work, or within five years if the work is for a structure on land other than a wooden building.

   This limitation shall not apply if the contractor has concealed the defect.

Section 601 No action against the contractor can be entered later than one year after the defect appeared.

Section 605 As long as the work is not finished, the employer can terminate the contract on making compensation to the contractor for any injury resulting from the termination of the contract.

Additional Advice from Lawyers

1. home construction Although the law does not force the contract. But the contractor and the employer. Always try to prevent problems.

2. important items to be specified in the contract:

   2.1. The scope of work

   2.2. Construction Period

   2.3. For the price change will occur.

   2.4. Detail price of material and value (BOQ = Bill of Quantity)

3. divisions

   3.1. First 5 to 10% of the total wage.

   3.2. The last installment It is a guarantee of job abandonment and warranty (within 1 year from the date of delivery), which should be deducted from the insurance of each work.

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