What should a Construction Project Management Agreement include under Thai law?

1. Definitions and Interpretation
2. Appointment and Role
3. The Services
4. Authority and Its Limits
5. Personnel
6. Budget and Cost Control
7. Reporting and Meetings
8. Payment Recommendations
9. Quality, Permits and Safety Monitoring
10. Integrity and Conflicts of Interest
11. Standard of Care
12. Fees and Payment
13. Project Documents and Systems
14. Confidentiality and Personal Data
15. Insurance
16. Liability
17. Term and Termination
18. Force Majeure
19. Notices
20. Governing Law and Disputes
21. General

• Send every designer and contractor a written notice of the Project Manager's authority and its limits (Clause 4.3), including the Change approval limits of … per Change and … in total. Without the notice, a contractor may claim that it relied on instructions the Project Manager had no authority to give.
• Name in Schedule 3 the people who may give the Owner's approvals, and tell the Project Manager in writing if that changes.
• Where the building needs a licensed construction supervisor, appoint one and notify the local authority before work starts. The Project Manager is not the construction supervisor (Clause 9.2).

• Read the monthly report (Clause 7.1) and answer the decisions it lists by the dates stated. Late decisions by the Owner are a common reason why contractors are entitled to more time and money.
• Only the Owner pays contractors (Clause 8.2). Pay against the Project Manager's written recommendation and keep it with the payment records.
• Never let anyone accept the works or waive delay damages on your behalf (Clause 4.2). When accepting late works from a contractor, reserve the right to delay damages in writing on the day of acceptance.
• The Project Manager processes worker and CCTV data for you as a data processor (Clause 14.2). As the data controller, you must have a privacy notice for workers and visitors at the site entrance, and you must notify the Personal Data Protection Committee within 72 hours after learning of a breach that risks people's rights.

• A Thai company or partnership that pays the Project Manager withholds 3% of each payment for services and gives a withholding tax certificate (Clause 12.4). If the Project Manager is outside Thailand, a different rate and a tax treaty may apply.
• For stamp duty this Agreement is a hire of services. Duty is 1 THB for every 1,000 THB or part of 1,000 THB of the fees. On the total fee you entered, the duty on the original is the amount the system calculates from the figures entered, and each counterpart carries the amount the system calculates from the figures entered.Because the fees are in …, convert the total fee to Thai Baht at the exchange rate on the date of signing and calculate the duty on the Baht amount. The Project Manager pays the duty within 15 days after signing — in money to the Revenue Department if the fee is 1,000,000 THB or more, or through the e-Stamp Duty system if the Agreement is signed electronically. If the Services are extended and the fees increase, additional duty is payable.

• Collect the complete Project Documents in native formats within 20 Business Days (Clause 13.1), and make sure every project platform account is in the Owner's name.
• Keep the as-built drawings, test certificates, warranties and manuals with the building records for its whole life.

• A company signs through the director or directors named in its latest company affidavit, with the company seal if its rules require one. Electronic signatures and signed PDF copies are valid (Clause 21.6).

Compiled from the notes that accompany the English contract templates on this site, published by Phuwara Krobtaku (ภูวรา ครอบตะคุ), Thai attorney-at-law, licence no. 477/2558. The short answer and summary at the top of this page are put together by the site from the template's clause headings and notes. Statutes are quoted only in the official Thai text: Thai is the only official language of Thai legislation, and an unofficial translation can mislead. Article registry OKC-7CD08D. If you reuse this content, please credit the author and link to the original.