CONTRACT MANAGEMENT GUIDELINES TO MITIGATE CONSTRUCTION DISPUTES BETWEEN PUBLIC AND PRIVATE SECTORS IN THAILAND

Abstract

This research aims to 1) Examine the causes and characteristics of construction contract disputes between the public and private sectors in Thailand, 2) Analyze key factors in contract management that can reduce the likelihood of disputes, and 3) Propose effective contractual management guidelines within the Thai context. A mixed-methods approach was employed, comprising in-depth interviews with 18 experts using the Delphi technique and a quantitative survey with 285 participants from contractor companies, including executives and engineers. Data were analyzed using thematic analysis and both descriptive and inferential statistics, including mean, Relative Importance Index (RII), and hypothesis testing.

The findings reveal that the primary causes of disputes include delayed project delivery, late payments, variation orders, and ambiguous contractual interpretations. Critical factors in dispute prevention are identified as contract document clarity, competency of project owners and consultants, and effective communication. Based on the synthesis, five integrated guidelines for dispute prevention are proposed: 1) proactive contract planning, 2) transparent communication systems, 3) early warning and issue resolution mechanisms, 4) structured variation and claim management, and 5) collaborative culture development. The research further compares these guidelines with Conflict Theory by Coser and Dahrendorf, as well as international contractual standards such as FIDIC and NEC3. The analysis indicates that construction disputes can be constructively managed through structural and procedural measures. This research contributes to both theoretical understanding and policy recommendations by providing an evidence-based framework for improving public-sector construction contract administration in Thailand toward greater clarity, transparency, and sustainable dispute mitigation.