Thread: Thai Dhupp and Princess Joy's Thai House Build

While i was back in Thailand for 2.5 weeks, after the airport construction contract came to an end, we met with, interviewed and checked out ,and ultimately rejected all but 1 of 7 builder possibilities. Hugely differing levels of interest, of course wild variations in the prices (!), with one confidently stating that it could not be done for less than 20M - I think he had been out in the sun too long (rejected of course)

It came down to 2 - one had a lot of temple building experience which i thought might be a good option for the roof requirements, both were experienced in creating the wood look using mortar (we saw samples of both their work and it was excellent), the second one was cheaper and available and had his own piling equipment, so we did not need the external piling contractor + plus that meant he was 100% responsible for 100% of the build. he was also based nearer to the project site.

so... builder no.2...come on down.. the price is right! (oh...and you some work to do)

when will it all start, i think i heard asked (!)?

OK...if you look back at earlier posts i always said... not til December time at the earliest. We wanted the raised ground to settle as much as possible and also the rains to finish for the year. also... as mentioned...I'm not there. so its still looking like end of the year to start the works.

My contract was in Thai, but we thrashed out the agreement verbally first, and then was assured by the missus that the content was correct when it came to signing (she is pretty good at this sort of thing). What I would say from my experience is to insist that the foreman/builder has a notebook on-site with him at all times, and any direction/request/point of note/complaint/error in construction etc should be entered, dated and signed for.

I made several requests at numerous times during my build for some features to be included and these multiple requests were accepted and agreed and then promptly ignored, only after my constant badgering and at a very late stage in the build were then actioned, but by then the end results weren't as expected as the features were not put in at the correct time during the construction process. Being informal works for some things, but not for others... If I had insisted that the procedure was a bit more formal by using a report book, then the build would have gone much smoother.

Payments were made in instalments, 20% deposit and for foundations and footings , 20% for concrete work for house base, 20% for steelwork, roofing and walls, 20% for tiling, windows, doors and interiors...10% for wiring and plumbing and fittings etc. The final payment of 10% was withheld for one month as security against any possible major fixes that needed doing (but I'd suggest making this 20% withheld for 2-3 months with your build as it's more complicated and extensive than mine was).

I don't think insisting on a penalty clause for late completion will work outside of Bangkok, or if building a large resort somewhere, it's more relevant to commercial builds... Inclusion of a penalty clause might just force the team to panic and start taking shortcuts with the build (which will happen to some extent anyway, so no need to make matters worse!). Additionally, I think inclusion of a penalty may result in an unfinished build. Despite what may be agreed at the beginning, if the builder suspects he's going to face financial difficulty because of some arbitrary deadline he's definitely going to overshoot (I'd allow 15% extra time on what is agreed), he'll just abandon the build at 80%. Then you'll be faced with trying to find another team to finish off the work when most of the funds (and thus profit) have been used up. This can (and does) happen very often all over the world.

That all good advice Jonny - thanks for jumping with a reply so swiftly!

I tend to agree about the penalty clause too. given that deadlines do'slip' ...no point in over-pressurising the situation.

Holding the last 15 or 20% like you suggested, is a sort of penalty to complete at around the agreed time and to a standard anyway - no need to load it up any more I think.

Others might have a different take on it though...?

Thanks again.

Just make sure the 15-20% withheld is withheld for x amount of time after provisional sign-off, not for x amount of time from agreed deadline.

Good point Maanaam and one that, I'm sure is easily overlooked.

Thanks for the input

One more I forgot. Contract clause that says the builder is responsible for removing all building debris from the property.

Originally Posted by Norton

One more I forgot. Contract clause that says the builder is responsible for removing all building debris from the property.

Most assuredly.
As this character is built into Thai DNA. Leaving a mess and allowing most everything to lie about without consciousness of responsibility thereof.

Imperative that such firm agreements are adhered to or they'll just let it go.
Preferably, cleaning and removing as they go - instead of when job is finished.

Originally Posted by Norton

Pretty much standard.

Make sure the house plans are referenced as the build to requirements and attached as part of the contract.

House plans need to go into detail on all materials. Specifics on cement, steel, flooring, electrics, plumbing and fixtures. I even had manufacturer and model numbers for near all fixtures.

Will take some work but if ysou cost out the materials and make a SWAG on labor you will get a good should cost. I did this for my house and added 20% profit for the builder.

Hard to be definitive on workmanship and quality so as I mentioned earlier, go look at previous builds the builder did. That's what you will get.

Good advice as always, Norton... we saw the quality of the two shortlisted candidates, both good. I have confidence in our final selection ...time will tell.

Yeah... I started thinking about including specifics too for the key items and methods in the document, but some smaller requirements too. (the floor tile design and colour in the lower entrance is one such). As you said, takes time but makes it clear to everyone so definitely worth it as long as they then follow what's agreed!.

Thanks for the contribution.

Originally Posted by Norton

One more I forgot. Contract clause that says the builder is responsible for removing all building debris from the property.

Originally Posted by HuangLao

Most assuredly.
As this character is built into Thai DNA. Leaving a mess and allowing most everything to lie about without consciousness of responsibility thereof.

Imperative that such firm agreements are adhered to or they'll just let it go.
Preferably, cleaning and removing as they go - instead of when job is finished.

Well...I'm a firm believer in 'a little and often', but let's not talk about that...

...instead, 'clean up as you go' -most definitely!! Norton and HuangLao... another important inclusion and again maybe one that gets forgotten in the excitement of 'building the dream'... thanks guys!

OK here I am back again (sorry its been a long time) and I've got the draft of the sort of contract I'm envisaging. No doubt though, I've missed something (!) and hopefully you will tell me so (!!) . ..anyway here it is :

Does it look about right?
Is it too much?
What glaring omission have i made?

It will be translated into Thai of course.

We are v close to signing the builder now (I'm home in January) so I want to get this right so that there is no delay with him.

CONTRACT FOR CONSTRUCTION
สัญญาเพื่อการก่อสร้าง

1. This contract is made on Day…………. Month …………. Year ………….

2. This contract is made between ……………………………………………………., referred to as ‘The

Employer’ and ……………………………………………., referred to as ‘The Contractor’ who is located

at ……………………………………………………………………………

3. The Contractor is contracted to build a 2-storey Thai Style (Lanna / Ayutthaya) house, exactly following the approved plans provided by The Employer

4. The contract shall strictly follow the details in the approved plan 62/2559, issued from Orbortor Office in ………………………………………………………………………


5. The house to be built is in the traditional Thai style (Lanna / Ayutthaya)

6. The house to be built will be constructed in a similar way to a house that is built at 15 / 194, Moo 3, Ban Suan, Muang, Chonburi, including but not limited to pile foundations, concrete ground and first floor ring beams, reinforced concrete frame and in-fill, non-load bearing walls, doors and windows, all under a metal truss, reflective insulation and cement-tiled roof and with integral plumbing, waste water and electrical systems.

7. The house construction is divided into 3 Zones - A, B and C.

8. This contract covers the piling of zones A, B and C, and the construction of the house in zones A and B.

9. The total sum, including Labour and materials for the piling in zones A, B and C, and construction of the house in zones A and B is X, XXX, XXX

10. The construction time shall follow a strict timetable, commencing from the agreed start date.

The Division of the Work (stages and payments) – guideline only, not 100% inclusive
ส่วนงาน (ขั้นตอนและการชำระเงิน) - เป็นแนวทางเท่านั้นไม่รวมถึง 100%

37. Stage 1 Piling work: drilling, piling for zone A, B and C with piles being placed through the soft upper strata and resting on the firm lower strata layer, approx. 7m down, pile cropping as required, pile caps and also including a sizable advance on payments to assist in the setup of the site for the rest of the work
Cost: xxx, xxx THB

38. Stage 2: ground floor: ground floor and ground floor columns for zone A and B, including the ring beam, in-fill, concrete planks and slab, all necessary water, waste and electrical conduits, greywater tank, septic tank / secondary tank arrangements, pipework to drain field, first floor columns
Cost: xxx, xxx THB

39. Stage 3 1^st floor: ring beam, second floor concrete planks and slab, second floor columns, all necessary water, waste and electrical conduits, staircase installation, recessed concrete floors for all bathrooms, showers, toilets, use of waterproof additive for bathrooms/shower rooms.
Cost: xxx, xxx THB

40. Stage 4 roof structural work: installation of trusses
Cost: xxx, xxx THB:

41. Stage 5 Roof: installation of insulation and tiles, roof gable ends, vents, ceiling panels, all electrical cabling for lighting, air-conditioning, electrical switching, internet
Cost: xxx, xxx THB

42. Stage 6: exterior Wall work: 150mm AAC blockwork, window and door frames, windows, doors, render, wood impression decoration to 2^st floor exterior walls to look like Lanna wooden detail, Sala construction, Air-conditioning installation
Cost: xxx, xxx THB

43. Stage 7 interior secondary work: interior 100mm AAC blockwork walls, wall rendering, skirting boards, Ceilings, plastering, tiling to all floors, tiling to bathrooms, kitchen etc
Cost: xxx, xxx THB

44. Stage 8 finish: wall painting, wood staining, bathroom, kitchen installation
Cost: xxx, xxx THB

45. Stage 9 Final Payment: (xxx, xxx%) to be made 6 weeks after final completion date to allow for snagging list completion
Cost xxx, xxx

46.Total cost: xxx, xxx

Changes to Contract
การเปลี่ยนแปลงสัญญา

47. The employer must notify the Contractor of any changes within 7 days of any work being carried out.

48. Likewise, the Contractor may not make any changes to the approved contract unless agreement to the change has been given in writing, and signed by the employer

49. The Employer will be responsible for any additional costs incurred due to the changes mentioned in 47. above

50. Likewise, if the changes result in a reduction in costs, the overall cost of the build will reduce by the amount of the saving.

51. The Contractor is responsible for any accidents, danger or damage to any person on site, the site itself or any 3^rd party caused by the construction or any activities associated with the construction.

52. The Contractor is responsible for the conduct of all employees during the contract period until the final payment has been made.

53. The Contractor is responsible for the removal of all construction wastes generated from the project

54. The Contractor is responsible for general site security for the duration of the build, and will take all necessary precautions to ensure equipment and materials are not removed or stolen from the construction site

Supplementary Information

55. Budget cost /M2 for flooring –

56. Budget cost /M2 for wall tiles –

57. Timescale to complete stage 1

58. Timescale to complete stage 2

59. Timescale to complete stage 3

60. Timescale to complete stage 4

61. Timescale to complete stage 5

62. Timescale to complete stage 6

63. Timescale to complete stage 7

64.Timescale to complete stage 8

65.Timescale to make final payment: six weeks after completion of Stage 8

Looks like an all-encompassing contract. Well thought out and water-tight. Good job. I guess that now it's very important that it is translated to the word, understood, and agreed upon. Best of luck.

Originally Posted by Thai Dhupp

All drains from toilets and sinks shall include a U-bend in the system to prevent odour from coming back up the drain pipes and into the house

The traps should be fine but consider venting as well.

Figuring Out Your Drain-Waste-Vent Lines - dummies

Contract looks good.

Originally Posted by Albert Shagnasty2017

it's very important that it is translated to the word, understood, and agreed upon

For sure.

If its to be a legal translation then its gonna cost. I've been down that road ( UK marriage ) expensive . Yours is a rather large document , ouch .

Originally Posted by Albert Shagnasty2017

water-tight

Not sure bout that. "...or equivalent." as in 17 and 18 could be a bit open-ended and open to interpretation. I would qualify somehow. Perhaps with "as shown in manufacturer's specs".
It takes away an opinion-based idea of what "an equivalent" is.

Yes. I would leave out "equivalent" in all items. State what you want. In the AAC item Diamond would be an equivalent.

Best way to elliminate confusion is to have house plans with detail. For example call out Qcon in plan drawing.

The contract per say should avoid specifying material. By reference from contract the plan drawings should be the build to spec.

Most important is communication between buyer and seller. Especially for big ticket items such as block, roofing, and flooring. Agree on these before seller purchases and avoid problems.

16. The rebar mesh re-enforcing within the floor slabs must be raised into the middle of the slab before the concrete is poured by using sufficient concrete ‘chairs’ to support the mesh, so that it can provide maximum slab strength.
29. All drains from toilets and sinks shall include a U-bend in the system to prevent odour from coming back up the drain pipes and into the house

What I have been doing in preparation for our build next year is to collect example photos, good and bad, of these sort of things ....bad ones, ie mesh laying on the ground get a big red X, good ones with plastic sheet underneath and using chairs get a green tick. I intend to reference these pics in our contract as an example, and to have a laminated folder of them on the worksite so the actual workers know what I expect ....a picture is worth a thousand words as they say ...maybe much more when talking to unskilled part-time workers from Myanmar or Cambodia !

Originally Posted by Albert Shagnasty2017

Looks like an all-encompassing contract. Well thought out and water-tight. Good job. I guess that now it's very important that it is translated to the word, understood, and agreed upon. Best of luck.

Hi Albert and thanks for stopping by!

its quite long but because i tried to include err... everything. i guess i have missed some stuff tho.

Translation shall follow this forum review.

i think as with all contracts in Thailand, there's only so far you can go, so i'm prepared fro that too.

thanks again.