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2. Case No.(Red) 108/2558

Issues to be determined: 1 .Which party breached the terms and conditions of the contract in
dispute?

2. What would be the amount of claim against the party who breached
the terms and conditions of the contract?
3. What would be the interest applicable to the claim awarded?

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After taking examination, the 1 Claimant’ allegation on the Respondents is dismissed.
The Respondents did not breach the Share and Villa S&P Agreement because they are and entitled to
the right to withhold the Final Payment for the correction of the snagging and defects. The Estimated

Amount exceeded the Final Payment, therefore, the Respondents do not have to return any remaining
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sum of the Final Payment to the 1 Claimant as claimed by the 1 Claimant. As for the Respondents’
counterclaims, the Arbitrator opined in the followings: 1 ) the Cost of Remedying the Defects;
the Respondents already received the Final Payment for the claim cost. Therefore, the Respondents’
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counterclaim is dismissed, 2) The Delayed Penalty under the Building Agreement; the 2 Claimant
delayed its completion of the Villa from November 2 0 0 9 to March 2 0 1 0 , a total of 1 3 5 days.

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The delayed penalty fee is 1 , 0 0 0 THB per day rendering the total penalty fee for the 2 Claimant at
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135,000 THB. The 2 Claimant shall pay the Delayed Penalty Fee for the Respondents in the amount
of 135,000 THB. 3) The roller-blinds; the roller-blind is one of the building specifications of the Building

Agreement. It is the 2 Claimant’s duty to provide and install the roller-blind. Thus, the 2 Claimant
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failed to deliver the complete and usable work which caused damage for the Respondents. Therefore,
the 2 Claimant shall pay 52,729.60 THB to the Respondents, 4) Excessive Utilities Costs; the poorly
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designed location for the air-conditioning contributed to the 2 Claimant’s breach of the Building
Agreement and caused damages to the Respondents as alleged in the Respondents’ counterclaim.
Therefore, the 2 Claimant shall pay 5 6 , 3 1 8 . 0 4 THB for the excessive rate of the utilities bill.
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5) The Return of the Loan; the Respondents failed to prove whether the 1 Claimant received the loan
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proceeds as claimed. Therefore, the Respondents’ counterclaim is dismissed.