Short form translated Thai building contract
The relation between a customer (also called 'employer' and a builder (building contractor) in Thailand is governed by Thai contract laws and the construction contract with appendices specifying things like materials to be used and technical drawings of the building or project. In general the relationship between the customer and builder is under Thai civil laws governed by the chapter 'hire of work'. The sample translated Thai construction contract below is a very short form and simple contract, it is possible to download a more complete Thai English language building construiction agreement for a single home here.
BUILDING AGREEMENT
Made At:......................................
Dated:...........................................
This contract is made between
Mr. .............................................................., age..................., residing at No...........,.......................................................... road, tambon................................, district of ..............................., province of ...................................................................hereinafter called the “Employer”.
AND
..............................................................................., with registered offices at No........, ....................road, tambon .......... .................... ............... ................. ............................., district of..............................., province of...................................................................hereinafter called the “Contractor”.
Parties to this construction contract agree to the following terms:
1. The Employer agree to hire and the Contractor agree to be hired to construct a building with............floors on the land owned by the Employer under Title Deed No................., Survey No............................,Tambon....................................................., District of....................., Province of..........................................................................................according to the plans and specifications attached to this contract, which shall be deemed part of the contract.
2. The Contractor agrees to complete construction according to Clause 1., within .............. days, from the date of the signing of this contract.
In case of delay in construction due to force majeure or through no fault of the Contractor, the period agreed upon in the preceding paragraph shall be extended to cover the amount of time lost.
3. The Employer agrees to pay remuneration to the Contractor for the total of.................... Baht (baht....................................), payable in.........................installments in proportion to the completed work, in accordance with the following payment schedule:
1st installment................................baht (baht........................) upon completion of.................................
2nd installment................................baht (baht.......................) upon completion of....................................
3rd installment................................baht (baht........................) upon completion of...................................
4th installment................................baht (baht........................) upon completion of...................................
In the event the Employer fails to pay remuneration of any installment, the Contractor has the right to immediately terminate this contract, and lease possession of the building without the paid remuneration. The Employer shall compensate the Contractor for any damages arising from default of payment according to this contract clause.
4. All necessary materials, equipment and accessories required in the construction shall be procured by........................... in accordance with the quantity and quality described in the plans and specifications as attached to this contract.
5. If the Employer desires to alter the construction plans at his own expense, he shall notify the Contractor in writing. The Contractor retains the right to accept or reject such proposed alterations after consideration the necessity and damages which may arise from such alterations.
6. The Contractor agrees to permit the Employer or his agent to inspect the building site, however the Employer agrees not to obstruct or disturb the construction in any way.
7. Should the contractor see that construction cannot be completed within the period specified in Clause 2., the Contractor may, with the Employee’s written permission assign any part of the work to a sub-contractor.
8. The Employer shall examine and take over the completed building within 7 days of receiving written notification from the Contractor. If the Employer cannot do so within this period, it shall be deemed that the Employer has indirectly examined and taken over the building.
9. Thee Contractor shall take responsibility for any damages arising from faults in his construction work within.................... days from the date the Employer takes over the building directly or indirectly.
10. In case the Contractor does not hand over the entire construction work, without fault on the part of the Employer, the Contractor agrees to be fired by the Employer at........................................ baht (baht................................................) per day, until the entire construction work is handed over.
This construction contract is made in duplicate each having equal tenor and effect. The parties to this contract having read and understood the entire substance contained herein sign their names in the presence of witnesses.
Signed............................... Employer
( )
Signed.............................. Contractor
( )
Signed................................. Witness
( )
Signed................................. Witness
( )
