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Case II

We represent a multinational corporation involved in a joint venture for the construction of Express Way of the Rama III – Daokhanong – Western Outer Ring Road, Bangkok, Contract No. 2.

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We represent a multinational corporation involved in a joint venture for the construction of Express Way of the Rama III – Daokhanong – Western Outer Ring Road, Bangkok, Contract No. 2.

Details of the Case:

Our client is a member of a joint venture consortium comprised of Thai and Chinese companies that successfully bid for a construction project for the Rama III – Daokhanong – Western Outer Ring Road. The total project value is more than 6,440,000,000 baht.

During the construction phase, the joint venture inadvertently damaged a high-voltage underground power cable. Consequently, the government entity owning the cable filed a lawsuit against the joint venture, seeking over 431,000,000 baht in damages. In addition, we have encountered a big problem from the other joint venture partners, and the project’s insurance provider has denied liability, forcing us to defend the lawsuit against multiple parties.

To successfully defend our client, we employed a multi-faceted legal strategy that required expertise in various fields, including civil engineering, electrical engineering, surveying, demolition, and construction. We meticulously analyzed the project’s design, construction plans, and approval processes to demonstrate that our client exercised due diligence and that the damage to the power cable was not attributable to negligence. Furthermore, we argued that the plaintiff’s claim for damages was grossly inflated and that the primary liability should rest with the insurance company.

Result:

We successfully argued before the court that the plaintiff’s claim for damages was excessive and unjust. Through a robust defense strategy, By presenting a substantial amount of documentary evidence and expert testimony, we demonstrated that our client had adhered to sound engineering principles throughout the construction process. The court’s subsequent ruling, awarding damages of approximately 25,000,000 baht, represents a significant reduction of over 406,000,000 baht from the plaintiff’s original claim.

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