REALWorld Law

Construction

Industry forms of agreement

Do any industry bodies, organizations or associations produce standard form contracts for use within the construction and engineering sectors? Are any international forms of contract ever used? How is the form of construction contract to be used selected?

Thailand

Thailand

For public procurement, the standard agreement pursuant to the Regulation of the Ministry of Finance On Public Procurement and Supplies Administration Act, B.E. 2560 (2017)  generally applies to any construction contract made with governmental bodies. In the scheme of public procurement, the contractor would usually not be allowed to change or adjust the significant terms and conditions of the standard agreement. In cases where the changes in material terms and conditions under the standard agreement are necessary, an approval from the Office of the Attorney General is required.

With respect to a private scheme, although standard agreements have been produced by various organizations, parties may enter into construction contracts pursuant to standard agreements or otherwise. The parties’ intentions govern the duties and liabilities between the contracting parties which are subsequently reflected in the terms and conditions of the construction contract.