LEGAL PROBLEMS AND THE DEVELOPMENT OF LAWS ON CONSTRUCTION CONTRACTS

Abstract

This research aims to 1) examine the concepts, theories, and legal principles governing construction contracts 2) study the laws relating to construction contracts in foreign jurisdictions and Thailand 3) analyze legal problems concerning construction contracts and 4) propose legal solutions to address such problems. This study employed a qualitative research methodology through the examination of legal provisions, academic literature, and comparative legal studies of foreign jurisdictions. The findings reveal that the legal framework governing construction contracts is based on the principles of freedom of contract, good faith, and contractual liability. While several foreign jurisdictions have enacted specific legal provisions governing construction contracts, Thailand continues to rely primarily on general legal provisions. This has resulted in difficulties in the interpretation and enforcement of the law, particularly in relation to defective construction, delays in construction, the use of non-compliant construction materials, unclear allocation of liabilities among parties involved, and the absence of uniform standards for construction quality control. These issues frequently give rise to legal disputes and adversely affect the protection of the contractual rights of the parties. The study proposes a new body of knowledge in the form of the Construction Contract Protection (CCP) Model, which provides a framework for developing specific legislation governing construction contracts. The model establishes legal principles relating to the rights and duties of the parties, allocation of liabilities and risks, construction warranties, and dispute resolution mechanisms in a systematic manner. The research recommends the enactment of a specific law governing construction contracts, including mandatory warranty periods of not less than five years for general construction works and not less than ten years for major structural components. It also recommends the establishment of uniform standards for construction quality control and effective mechanisms for compensation and legal remedies. Critical Reflection The findings indicate that the existing general legal framework is insufficient to address the unique characteristics of construction contracts. Therefore, the enactment of specific legislation is necessary to strengthen legal protection for contracting parties and enhance the effectiveness of dispute prevention and resolution in practice.