Administrative Contract Type Determination: Building Construction Contract
Article Sidebar
Main Article Content
Abstract
At present, there are no clear guidelines for defining the categories of administrative contracts for construction projects, which leads to frequent cases submitted to the Committee on Jurisdiction of Courts. This results in problems with interpretating and enforcing the law regarding the determination of contract types and the scope of contracts, especially “Building construction contract” which has many different guidelines defined by the Supreme Administrative Court and the Committee on Jurisdiction of Courts. Therefore, Section 3 of the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542 should be amended by adding a clearly defining “public utilities” to include buildings as essential tools in carrying out public services, that is the main mission for agency achievement or is a building that citizens can directly use. Similarly, in France, a contract for hiring of a contractor to construct or maintain real estate for public use is classified as a “public works contract” and falls under the Administrative Court. Resolving interpretation issues and reducing the process of the decision on jurisdiction between courts allows the people to access the justice process quickly.
Article Details
References
Administrative Case System Development Office. Dispute Cases Regarding Administrative Contracts. Bangkok: Administrative Case System Development Office, 2008. [In Thai]
Ariyaporn Photisai. “Dispute Case Regarding Administrative Contract.” Chulniti 8, no.1 (2011): 177-185. [In Thai]
Bowornsak Uwanno et al. Final Research Report: Administrative Cases Concerning Administrative Contracts. Bangkok: King Prajadhipok’s Institute and Office of the Administrative Courts, 2005. [In Thai]
Chanchai Sawaengsak. Explanation of the Law Establishing the Administrative Court and the Procedure for Adjudicating Ordinary Cases. 7th ed. Bangkok: Winyuchon, 2024. [In Thai]
Konrad Adenauer Stiftung. “Administrative Procedures Act (VwVfG).” Accessed September 14, 2024. https://www.kas.de/en/web/rspno/single-title/-/content/administrative-procedure-act-vwvfg.
Manit Jumpa. Explanation of Administrative Law Regarding Administrative Acts and Control of Administrative Acts, Volume 1. Bangkok: Chulalongkorn University Press, 2006. [In Thai]
Marie Grace Seif. “Administrative Contracts.” Accessed September 2, 2024. https://www.tamimi.com/law-update-articles/the-administrative-contract/.
Naipokkrong. “What Type of Contract is the Contract to Renovate the Bathrooms at Rajabhat University?” Accessed September 14, 2024. https://www.thansettakij.com/columnist/Ejemplos/560639. [In Thai]
Nantawat Boramanand. Administrative Contract. 5th ed. Bangkok: Winyuchon, 2013. [In Thai]
Office of the Administrative. “Collection of Reasons and Background for each Section of the Draft Bill Establishing the Administrative Court and Administrative Court Procedure.” Senate Extraordinary Committee Meeting Report, Volume 4, Bangkok, March 2005. [In Thai]
Office of the Secretariat of Committee on Jurisdiction of Courts. “Summary of Decision No. 52/2017.” Accessed January 2, 2023. https://oscj.coj.go.th. [In Thai]
Office of the Secretariat of Committee on Jurisdiction of Courts. “Summary of the Deciding the Authority and Duties between the Courts in Contract Disputes (2001 - present).” Accessed January 2, 2023. https://oscj.coj.go.th. [In Thai]
Prayoon Kanchanadul. Lecture on Administrative Law. Bangkok: Chulalongkorn University Press, 1990. [In Thai]
Ruethai Hongsiri. Administrative Court and Litigation in the Administrative Court. 11th ed. Bangkok: Legal Training Center of the Thai Bar Association, 2021. [In Thai]
Suraphon Nitikraipot. Administrative Contract. Bangkok: Thammasat University, 2012. [In Thai]
Worachet Phakeerut. “Basic Thoughts on Administrative Contracts in the German Legal System.” Accessed September 2, 2024. http://www.lawwebservice.com/lawsearch/AcharnVorachet07.pdf. [In Thai]
Yeam Arunotivivat. “Alternative Dispute Settlement in Administrative Contract through Arbitration.” PhD diss., Faculty of Law National Institute of Development Administration, 2019. [In Thai]
