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Author	Mr Chokchai Netngamsawang
Organisation/Institution	Chulalongkorn University, Faculty of Law
Country	THAILAND
Panel	Miscellaneous
Title	THE IMPROVEMENT OF CONSTRUCTION CONTRACT FORM UNDER THE PUBLIC PROCUREMENT AND SUPPLIES ADMINISTRATION ACT, B.E. 2560 (2017) TO COMPLY WITH THE PRINCIPLE OF FAIR ALLOCATION OF RISK
Abstract	In Thai public construction projects, the standard contract mandated under the Public Procurement and Supplies Administration Act B.E. 2560 (2017) often allocates risks disproportionately to contractors. This imbalance can lead to unfair burdens, inflated project costs (due to risk premiums), and frequent disputes. This paper examines the extent to which the current contract form aligns with the principle of fair risk allocation, assigning each risk to the party best able to control or bear it. Using a qualitative legal approach, the study analyzes Thailand’s public construction contract provisions and compares them with international best practices, including the United Kingdom’s NEC4, France’s CCAG, Germany’s VOB/B, European Union procurement directives, and the FIDIC Red Book. The research draws on documentary analysis, case law, and expert insights to identify clauses in the Thai standard contract that overburden contractors or lack mechanisms to address uncontrollable risks. Findings indicate that several Thai clauses, such as unilateral interpretive authority of the employer, lack of obligation to hand over the site, and the contractor’s assumption of all design-related risks, undermine balanced risk distribution. The paper categorizes problematic clauses into three types: those requiring deletion or revision, those needing clarification, and those currently fair but improvable. The paper proposes both policy-level and clause-specific reforms aimed at achieving a more equitable distribution of risk. Key recommendations include refined provisions for unforeseeable events, balanced time and cost compensation mechanisms, and more neutral dispute resolution procedures. These reforms would enhance contractual fairness, legal certainty, and project efficiency, thereby aligning Thailand’s procurement regime with internationally recognized principles of fair risk allocation and the Act’s goals of transparency and value for money.
Biography	Chokchai Netngamsawang is a Public Prosecutor at the Office of the Attorney General of Thailand, where he has served across key departments including Administrative Litigation and Civil Litigation. His professional roles also span academia, serving as a Special Lecturer at leading Thai institutions such as Chulalongkorn University, Thammasat University, the Asian Institute of Technology, and King Mongkut’s University of Technology Thonburi. He is a Registered Arbitrator at the Thailand Arbitration Center (THAC), an Accredited Civil and Commercial Mediator with ADR/ODR International, and a member of Young ICCA. Mr. Chokchai has contributed extensively to Thailand’s construction law and procurement landscape. He is a co-founder of the Construction Lawyers Society. He has served on committees drafting design consultant contracts and developing construction project frameworks for the Government Pharmaceutical Organization. His expertise includes construction contracts, arbitration, public sector litigation, and digital-economy-related legal issues. As an active regional speaker, Mr. Chokchai has participated in international conferences, including Thailand ADR Week, ICCA Hong Kong, the Harvard Southeast Asia Symposium, and HCCH ROAP programs. He is also a co-author of multiple textbooks on construction contracts, dispute resolution, EPC/Turnkey contracts, and public-sector procurement. He holds an LL.B. (Second-Class Honors) from Thammasat University, a Barrister-at-Law qualification, and two LL.M. degrees—including the prestigious Young Leaders’ Program (MEXT) LL.M. from Kyushu University. He is currently completing his Doctor of Laws (LL.D.) at Chulalongkorn University.