Page 29 - 50 คำถาม เกี่ยวกับการอนุญาโตตุลาการ

25

Quantity, this amount was certified as THB 1,565,153.95, as well as confirmed by the evidence provided;

1.2 While the cost of equipment and materials delivered by the Claimant for use in

the construction was in the amount of THB 15, 123,133.52, both Parties mutually agreed that the value

was only in the amount of THB 12,670,335.48. Therefore, it seems reasonable that the Respondent shall

pay for the cost of equipment and materials supplied by the Claimant to be used in the Project in the

amount of THB 12,670,335.48;

1.3 The Retention Amount, which was deducted by the Respondent, was claimed by

the Claimant in the amount of THB 7,797,488.26. But from the information, it appears that the actual

amount retained by the Respondent under the Subcontract, as performance guarantee for the work,

was in the amount of THB 6,302,758.78. Consequently, the Respondent shall refund the latter amount;

1.4 The Claimant also claimed for additional work performed in the amount of THB

736,758.90. However, the Tribunal has noted that the additional work that was actually performed and

approved by the Respondent is only valued at THB 219,282.04. Consequently, the Claimant is only

allowed to receive the latter amount;

1.5 The Respondent shall promptly return the original of the performance bond, in the

amount of THB 23,352,200 and the original of the advance payment bond in the amount of THB

17,000,000.

For the amounts that the Respondent is allowed to claim against the Claimant in terms

of costs of repair of defects of the physical works, cost of hiring of other subcontractors, expenses of

construction aids, expenses for the rental of crane, electricity expenses, TET administration and

supervision costs, liquidated damages, this Tribunal has determined that they are as follows: