A seminar on “Construction Contract Management to Prevent or Reduce Disputes between Project Owners, Contractors, and Subcontractors"

On May 31, 2023, at Tilleke & Gibbins International Ltd., 26th Floor, Supalai Grand Tower, Dr. Apirath Prateapusanond participated in a seminar on "Construction Contract Management to Prevent or Reduce Disputes Between Project Owners, Contractors, and Subcontractors".

Construction contract works can span over years or several years, especially in large-scale projects. The complexity of contract works often involves civil engineering and multiple system works. Furthermore, contract works are frequently subject to modifications or additional details after contract signing or project commencement, which can always lead to conflicts or disputes among project owners, contractors, or subcontractors. These disputes would result in work delays, work suspension or abandonment by the contractor or subcontractors, contractual payment suspension by the project owner and collateral enforcement, all of which will cause damage to all parties involved.

Tilleke & Gibbins International Ltd., a law firm with experience in drafting construction contracts and representing contractual parties both in court and before arbitrators, recognizes this problem. Therefore, they organized this discussion to shed light on the issues at hand. The discussion is based on facts derived from court cases and arbitration proceedings. It encompasses standard construction contract forms (FIDIC) and dispute resolution provisions that prescribe the appointment of dispute boards in advance, aiming to prevent or mitigate disputes while contractual parties continue to perform their obligations. The discussion also touches on dispute suspension mechanisms by courts or arbitrators, including pre-litigation mediation procedures and court litigation in conjunction with arbitration proceedings.

This discussion was supported by the Faculty of Law, Thammasat University, Quantum PPP Co., Ltd., and the Construction Lawyers Club.