What Clients Observe About the Work

Challenge

Industrial Plant — FIDIC Yellow Book Adaptation

A developer preparing a design-build contract for an industrial plant in central Thailand was using a FIDIC Yellow Book template previously adapted for a project in Singapore. Several special conditions were not suited to Thai mandatory law provisions, and no parallel Thai version had been prepared.

Approach

The contract drafting service was engaged. Special conditions were reviewed clause by clause against Thai Civil and Commercial Code provisions. Eight clauses were identified as requiring adaptation. Payment milestone and performance bond provisions were restructured to reflect Thai market practice. A parallel Thai-language version was prepared.

Outcome

The adapted contract was executed within the project's pre-construction timeline. The developer's project team had a Thai-language version available for use with contractors and subcontractors throughout the project. The review of eight special conditions avoided provisions that would have been unenforceable under Thai law.

Timeline: 18 working days · Fee: ฿32,500

Challenge

Road Infrastructure — EOT Claim Assessment

A main contractor on a road infrastructure project had submitted an extension of time claim under a FIDIC Red Book contract. The employer's project manager had rejected the claim on documentary grounds. The contractor was uncertain whether the rejection was justified or whether the claim could be advanced through the FIDIC dispute mechanism.

Approach

The claim counsel service was engaged. Project records, daily site reports, correspondence, and the original claim submission were reviewed against the FIDIC notice and contemporaneous record requirements. The assessment identified that the primary notice had been served within the contractual time limit but that the contemporaneous records did not fully support the quantum of delay asserted.

Outcome

The assessment memorandum was used by the contractor's commercial team to revise the claim to a substantiated scope, which was subsequently accepted in part by the project manager. The DAAB step was not required. The contractor avoided the cost of formal dispute proceedings on a claim where the documentary basis was partial.

Timeline: 10 working days · Fee: ฿16,800

Challenge

Industrial Facility — Pre-Tender Contract Review

A specialist subcontractor was considering tendering for a mechanical and electrical package under a Silver Book main contract for an industrial facility. The bid team had limited experience with Silver Book risk allocation and was uncertain about the liability position on defects after practical completion.

Approach

The pre-tender review service was engaged. The flagging memorandum identified the Silver Book's employer-favourable risk allocation on force majeure, the extended defects liability period, and an indemnity clause that significantly extended the subcontractor's liability beyond the standard FIDIC scope. The LD structure was also flagged as uncapped.

Outcome

The bid team adjusted its pricing to reflect the extended DLP and uncapped LD exposure. The subcontractor also used the memorandum as the basis for a set of tender clarification questions to the main contractor. The bid was submitted with pricing that reflected the actual risk, rather than the standard package rates.

Timeline: 6 working days · Fee: ฿4,200