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11. Case No.(Red) 86/2560

The Arbitral Tribunal have determined the issues of dispute as follows:
1. Was the contract duly terminated by the parties?

2. Who breached the contract?
3. What is the amount of damages that each party is entitled to claim from the
other and which party has to pay?

4. What is the interest of the principal amount to be paid under issue 3 above?

After taking examination, the Claimant and Respondent have entered into Design and
Construction Agreement whereby the Contract Sum is Baht 13,550,000. 00 ( exclusive of VAT) .

st
The Claimant had made the 1 and 2 payments which amount to Baht 5,420,000.00. On 7 April 2015,
nd
the Claimant notified the Respondent a first claim for not complying within the proper time for the
partial completion of the works required under the Agreement. After a site visit on Wednesday 8 April
2015, the Claimant had requested the Respondent to submit a proposal for remedies and course of

action in order to perform the Agreement effectively. However, the Respondent failed to provide
satisfactory solution to remedy the defects. Therefore, on 28 May 2015, the Claimant sent the
Respondent a termination notice. The Claimant filed a Statement of Claim claiming:

a. Six month of delay late for delivery of the re-design and fitting of an apartment which
represents a minimum investment THB 50,000,000. Based on an annual minimum of interest rate of 5%

over 6 months the damage for the delay represents approximately THB 1,250,000;

b. The Claimant has suffered a serious frustration for the moral injury caused to him for
the loss of opportunity to enjoy a finished work to enter his apartment on the occasion of the special

celebration of his “special” 60 years birth day and which was the main reason why he insisted that time
has to be considered as an essential term of the agreement. The Client was unable to organize the

events as planned. This damage shall be estimated at 20% of the amount of the agreement which is
THB 13,500,000 X 20% = THB 2,700,000.

c. Liquidated damages as per the contract shall be 10% of the amount of the agreement

which is THB 13,500,000 X 10% = THB 1,350,000.

d. Safety & Building management fees THB 95,000.