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In a medium and large construction project, the employer typically executes a contract with the construction supervisor to be responsible for managing and supervising the construction process on the employer's behalf to ensure compliance with engineering principles for the safety and security of the building, adherence to the drawings, and achievement of the employer's project objectives, including the standard and engineering principles. In this regard, construction supervisors play an important role in construction projects. The results revealed that a construction supervision contract is a hire contract according to Section 587 of the Thai Civil and Commercial Code, which does not specify the form and does not have to be in writing. The contract terms govern the contractual parties' rights, obligations, and responsibilities. When a private employer is involved, the contracting party has the ability to establish its rights and responsibilities with respect to construction control through mutual agreement among the parties involved. In contrast, when a government agency is the employer, the 'Contract Form for Design and Construction Supervision' format is required per the Announcement of the Government Procurement and Supplies Management Policy Committee on Contract Forms Related to Procurement under the Government Procurement and Supplies Management Act 2017. In general, the contracting party based on the mutual agreement and the Contract Form for Design and Construction Supervision (which is the standard form used by the government) may not sufficiently address or encompass all aspects related to the rights, obligations, and liabilities of the construction supervisor. This leads to the issue of unclear rights, obligations, and liabilities of the construction supervisor toward the employer. Since there is no contract in place, there is no contractual relationship between the construction supervisors and the contractor, as well as between the construction supervisors and any third party, but due to the collaborative nature of the supervisor's work alongside the construction contractor, such collaboration may lead to the establishment of rights, duties, and legal liabilities for both the construction contractor and any third parties who might be affected or damaged by the construction. In this respect, the purpose of this research is to study the problems related to rights, responsibilities, and obligations pertaining to the following relationships: 1) the construction supervisor-employer relationship; 2) the construction supervisor-contractor relationship; and 3) the construction supervisor-third party relationship. The study revealed the necessity of establishing standards for determining the rights, duties, and responsibilities of construction supervisors in accordance with well-defined professional principles to prevent issues arising from unclear duties and responsibilities during their performance. Furthermore, in order to assist the government agency and any contracting party in understanding their rights, responsibilities, and obligations, it is appropriate to revise the standard terms of government contracts to be more explicit. This will decrease the probability of future litigation in court. |
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