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volume of work as quoted by Claimant was Baht 1,354,700.29. However, at the time of the termination
of the Contract, this work was only 50% completed. Accordingly, the price for the work would then be
Baht 677,350.15. In addition to the additional work done by Claimant, Claimant also had to do anti-rust
painting of the roof steel of all the 20 villa houses. Claimant quoted for this work as Additional Work at
Baht 302,253.60. However, this work was only 90% completed at the time of the termination of the
Contract. Therefore, the value of the work should be Baht 272,028.24. Accordingly, the Arbitral Tribunal
is of the opinion that Claimant had done all additional works as alleged in its Notice of Arbitration and
Statement of Claim, except the Additional Work No. 12. For the fourth issued, regarding this issue, it was
accepted by the parties that Respondent has paid Claimant two installments of the Advance Payment
out of the three installments provided in Article 4 . 1 of the Contract, and one interim payment. It was
clear from the Claimant’s Exhibit 0 6 0 2 0 , sheet 2 4 , that the two installments of the Advance Payment
paid by Respondent was a total of Baht 40,900,000 (20,450,000 + 20,450,000) and the interim payment
made by Respondent to Claimant was Baht 1 1 , 7 7 7 , 9 0 5 . 0 9 . Therefore, the total amount of money
already paid by Respondent to Claimant was Baht 52,677,905.09 (not Baht 52,877,905.09) minus certain
deduction of retention. For the last issued, the grand total of the overdue monthly interim payments
together with the accrued interest that Claimant is entitled to claim from Respondent is Baht
41,721,115.01. The total interest for the late payment of the second and the third installments of the
Advance Payment is Baht 958,068.49. Accordingly, the grand total of compensation for additional works
that Claimant is entitled to claim from Respondent is Baht 2 9 , 5 3 2 , 5 8 4 . 8 2 . Because this amount of
compensation is fixed by this Arbitral Tribunal on the day of the making of this award, the Arbitral
Tribunal deems appropriate that this amount shall bear an interest at the rate of 7.5% per annum from
the date of this award until it will be completely and actually paid by Respondent to Claimant.
Award
Respondent shall pay the following damages to Claimant:
1.1 The overdue monthly interim payments together with the accrued interest for
the amount of Baht 41,721,115.01.
However, under Article 4 . 1 of the Contract, Respondent is entitled to deduct the
Advance Payment made to Claimant from the Interim Payment. The total amount of the two installment
of Advance Payment paid by Respondent to Claimant was Baht 4 0 , 9 0 0 , 0 0 0 . Therefore, the overdue
monthly interim payments together with the accrued interest for the amount of Baht 4 1 , 7 2 1 , 1 1 5 . 0 1