1. PARTIES

THIS AGREEMENT is made on the ______ day of ______, B.E. 2569 (A.D. 2026).

BY AND BETWEEN

1. Contractor
[Company Name] Co., Ltd., company registration number ______________________, a juristic person duly incorporated and existing under the laws of the Kingdom of Thailand, having its principal office at _________________, telephone _________________, email _________________, represented by ☐ its authorized director ☐ its duly authorized representative, namely ________________, holding the position of _______________, hereinafter referred to as the “Contractor”.

Annex 1:
(a) A copy of the Contractor’s Certificate of Incorporation; and
(b) A copy of the passport or ID card of the authorized director, or (if applicable) the power of attorney together with the passport or ID card of the authorized representative.

AND

2. Customer
Mr./Mrs./Ms. ______________________, of ______________________ nationality, holder of ☐ Passport No. _________________ ☐ Thai ID Card No. _________________, residing at ________________, telephone ________________, email _______________, hereinafter referred to as the “Customer”.

Annex 2: A copy of the Customer’s passport or Thai ID card (as applicable) is attached hereto as Annex 2 and forms an integral part of this Agreement.

The Contractor and the Customer are collectively referred to as the “Parties”.

This Agreement is made solely between the Contractor and the Customer. No external consultant, architect, or other person shall be deemed a party to or have any rights under this Agreement.

1.1 Primary contact person

For the purpose of communication, coordination, and day-to-day matters relating to the Work, the Parties agree to designate the following primary contact person:

Name: ______________________
Relationship to the Customer (if any): ______________________
Mobile/Phone: ______________________
WhatsApp: ______________________
Email: ______________________

Any communication, notice, or instruction relating to the performance of the Work sent to the primary contact person under this Clause shall be deemed duly given to the Customer.

2. SITE AND WORK

2.1 Site

The Customer is the ☐ owner ☐ lessee ☐ holder of superficies (superficiary) ☐ usufruct holder ☐ holder of a registered right of use over land (Sap-Ing-Sith) located at:

Land Title Document:
☐ Chanote (Nor Sor 4 Jor) No.: ___________________
☐ Nor Sor 3 Gor No.: ___________________
☐ Nor Sor 3 No.: ___________________
☐ Other: ______________________ No.: ______________________

Location: ______________________
Province: ______________________
Thailand

(hereinafter referred to as the “Site”)

2.2 Work

The Customer appoints the Contractor to construct one residential building only on the Site in accordance with this Agreement (the “Work”), as follows:

Storeys: ☐ 1 storey ☐ 2 storeys ☐ ___ storeys
Approximate floor area: __________ sq.m.

The Work shall be carried out strictly in accordance with the Contract Documents under Clause 3 (Contract Documents).

2.3 Permits, utilities, and house registration

2.3.1 Building Permit

(a) Applicant
☐ The Contractor shall prepare, submit, and coordinate the application for the ☐ building permit ☐ Section 39 bis notification (as applicable), and the Customer and/or the landowner or other person legally entitled to apply shall sign documents as reasonably required.

☐ The Customer shall apply for the permit directly.

(b) Name of Permit Holder
☐ The building permit or Section 39 bis notification shall be issued in the name of the landowner or the person legally entitled to apply or build (as applicable).

For practical reasons, the building permit or Section 39 bis notification may be issued in the Contractor’s name, provided that the Contractor shall arrange the amendment or transfer to the Customer prior to Taking-Over.

In such case, the Customer may withhold Taking-Over and/or the final payment until the permit holder’s name has been duly amended or transferred.

2.3.2 Utilities

☐ The Contractor shall coordinate and submit applications for installation/connection of electricity and water meters (and/or sewer/septic arrangements, as applicable) in the name of the Customer and/or the landowner or legally entitled person, as required by the relevant authorities, and such person shall sign documents as reasonably required.

☐ The Customer shall arrange directly.

Note: Government fees and meter deposits shall be ☐ included in ☐ excluded from the Contract Price.

2.3.3 Tabien Baan

☐ The Contractor shall reasonably cooperate and provide relevant documents to enable the Customer to apply for the house registration (Tabien Baan).

☐ The Contractor shall coordinate and submit the application for Tabien Baan, with the Customer/owner signing documents as reasonably required.

2.4 Scope completeness

All works and materials reasonably required, and consistent with the Drawings and Specifications, for the completed residential building to be fit for normal residential use shall be deemed included in the Work and included in the Contract Price, even if not stated in the drawings and/or BOQ, except for items expressly stated as “excluded” in the Contract Documents.

3. CONTRACT DOCUMENTS

The following documents form an integral part of this Agreement and are binding, as amended in writing from time to time (if any):

(1) This Construction Contract
(2) Annex A – Approved Construction Drawings
(3) Annex B – Bill of Quantities (BOQ) / Quotation, which shall clearly state the quantities of materials and their unit prices
(4) Annex C – Materials and Technical Specifications
(5) Annex D – Construction Schedule (if any)

In the event of any inconsistency or conflict between the Contract Documents, the document with the higher priority shall prevail. The order of priority shall be as follows:

(1) This Contract (including its Annexes)
(2) Approved Construction Drawings
(3) Materials and Technical Specifications
(4) BOQ / Quotation

4. TIME FOR COMPLETION

Sets the structure for permit filing, commencement, completion period, deemed completion (Taking-Over), and rules for EOT / force majeure.

4.1 Permit Application (mandatory for compliance)

Contractor’s obligation to submit the building permit / Section 39 bis notification within the agreed timeframe.

4.2 Commencement Date

Conditions precedent to start (permit obtained/accepted, Site handover, advance payment if any).

4.3 Time for Completion (permit-based)

Completion period measured from permit grant / Section 39 bis acceptance.

4.4 Deemed Completion

Work is deemed complete upon Taking-Over under the agreed procedure.

4.5 Extension of Time (EOT) & Force Majeure

Key EOT triggers and a written notice requirement (with evidence) within a fixed period, failing which the claim is waived.

5. CONTRACT PRICE

Summary of total price, lump-sum nature, VAT/withholding options, and limited price adjustment rules.

5.1 Total Contract Price

States the total amount and confirms it covers required costs within the agreed scope.

5.2 Value Added Tax (VAT)

Option for VAT inclusive/exclusive pricing and proper tax invoice requirements.

5.3 Withholding Tax

Indicates whether withholding may be deducted as required by Thai law.

5.4 Price Adjustment

No adjustment except for approved variations or where required by law.

6. PAYMENT TERMS

Payment by milestones, conditions for each instalment, retention rules, no deemed acceptance, and suspension rights.

6.1 Payment by Instalments

Milestone structure aligned with progress and conditions precedent to payment.

6.2 Retention

Retention deducted from payments and released at Taking-Over and after the Defects Liability Period.

6.3 No Deemed Acceptance

Payments do not equal acceptance of defective or incomplete work.

6.4 Suspension of Payment

Customer may withhold payments for defects/non-conformance and may engage third parties at the Contractor’s cost if not remedied.

7. OBLIGATIONS OF THE CONTRACTOR

Core performance obligations: workmanship, legal compliance, site safety, labor responsibility, subcontracting limits, and handover documentation.

7.1 INSURANCE AND INDEMNITY

Minimum insurance coverage throughout the works and indemnity/hold harmless allocation for claims arising from the Contractor’s acts.

8. VARIATIONS (CHANGES TO THE WORK)

Variation mechanism requiring prior written approval, clear price/time impacts, and no binding oral instructions.

9. DELAY AND LIQUIDATED DAMAGES

Daily LD rate and cap, no LD for approved EOT delays, set-off rights, and termination trigger at a stated LD threshold.

10. TAKING-OVER

Notice, joint inspection, punch list handling, signed taking-over record, and no deemed acceptance.

11. DEFECTS LIABILITY

Structural/non-structural DLP periods, notice and rectification process, third-party remedy option, and manufacturer warranties handover.

12. FORCE MAJEURE

Definition and time extension consequence for events beyond reasonable control.

13. TERMINATION

Termination grounds, consequences, site handover, document delivery, and set-off/damages recovery structure.

14. GOVERNING LAW AND DISPUTES

Thai law, amicable negotiation first, then court jurisdiction or arbitration option (including interim relief rights).

15. NOTICES

Written notice methods (including email/apps) and deemed receipt timing.

16. LANGUAGE AND INTERPRETATION

Communication language, prevailing language option in case of discrepancies, and Thai version status for compliance.

17. MISCELLANEOUS

Standard clauses: entire agreement, severability, no waiver, amendments, relationship of parties, and contract-control compliance reference.

18. SIGNATURES

Execution format, originals, signature blocks, witnesses, and company seal (if any).

Pre-hire checklist (summary)

1. Right to build

If you do not own the land, ensure a registrable land right (such as a long lease, superficies, usufruct, or sap-ing-sith) is registered at the Land Office before engaging a builder. Confirm that the landowner formally consents to the construction and permit application.

2. Zoning and planning

Verify the plot in the Department of Public Works and Town & Country Planning land-use system. Zoning rules determine permitted use, building zones, height limits, density and setback requirements.

3. Site eligibility

Ensure the land has lawful road access, clear boundaries consistent with the title deed, and no encroachments or registered restrictions that could affect construction approval. Confirm that drainage, electricity and water connections are available or can be obtained.

4. Building permission

A Building Permit is generally required under the Building Control Act and local regulations. Applications are filed with the competent local authority and require approved plans and supporting documents before construction begins.

The complete Pre-hire Checklist forms part of the House Construction Contract package.