Ombudsman

[LiveSteam]

What can a person do that has a written contract with building contractor with part of a boat structure that has run way beyond the due date we had several times, myself not being angry or mad, just want it done, can I go to an Ombudsman or out of court arbitrator for help because this guy just lies and is holding my advanced payment with the material I have bought for him, I guess of extorting more money out of me which I would pay but a deal is a deal which an expensive estimate was given. The guy just gets Nationalistic and refuses the schedule in the contract or even work on my project. Is there any government agency to help with the negotiations or have I lost a big chunk of money? I have never raised my voice or made him lose face. I am in Phuket. I don't really want to go to court or get this guy in trouble but what can I do? Help please

LiveSteam

[stevenl]

Go to court.

An ombudsman is, afaik, only meant for disputes/problems with governments. But, again afaik, there is none here, nor is there an independent arbitration.

[LiveSteam]

Court any other ideas? I hear court can take years and I need the finnished piece.

LiveSteam

[KarenBravo]

Go to the police and offer a percentage of the money recovered and the value of the raw material.

Use a Thai as a go-between to approach the police.

[stevenl]

I think your only other options, besides a polite but pressing conversation, would be illegal.

[Lannatyne]

There is a "Consumer Protection" office of some sort in Phuket Provincial Hall. But, I suspect they only consider grievances over the sale of goods and services from shops etc.

Yours seems more of a commercial contract. As such I believe it would fall within Contract Law, or maybe Law of Tort, depending on the circumstances.

Is there anything in the contract which states that ownership title to "raw materials" remains with you, until they have been converted into the finished article? Eg, wood planks, that would later become a boat.

Sadly, it looks like a legal case, and you know what that means.

Edited March 13, 2011 by Lannatyne

[LiveSteam]

There is a "Consumer Protection" office of some sort in Phuket Provincial Hall. But, I suspect they only consider grievances over the sale of goods and services from shops etc.

Yours seems more of a commercial contract. As such I believe it would fall within Contract Law, or maybe Law of Tort, depending on the circumstances.

Is there anything in the contract which states that ownership title to "raw materials" remains with you, until they have been converted into the finished article? Eg, wood planks, that would later become a boat.

Sadly, it looks like a legal case, and you know what that means.

Yes, it states the material is bought by me and labor supplied by the contractor, maybe I can reason with that. The problem is that sometimes the guy (after) the fact only hears does what he wants to do and only hears what he is willing to hear. I feel as though I have done something wrong but I have done nothing wrong except had him my ATM card and give him my PIN number and disappear. I thought these things happened only to 'Bar Girls'

LiveSteam

[Valentine]

I have heard in the past that judges in Phuket will order those involved to leave the courtroom & find a compromise on that same day.

[Mario2008]

It is normal that a court would try to have the parties come to an agreement. But it starts with a letter from a lawyer, to show you mean busisness.

[Ping]

Unless you personally know a BiB, that suggested path is probably not the best way to go. But yes, there is an administrative division of the court in Phuket Town (sorry, 'City'). Mediation always precedes arbitration, but I understand the process is relatively quick and if you start to go through the motion, it will show you're serious about it and it may goad him into action.

[paulchiangmai]

A few years back my mini bus was severly damaged by the driver I had just hired, his first day, gets drunk, flips it over. I agreed a price with a local repair shop and hand over half the money to get the job started. Two months later virtually nothing had been done, local tourist shops advised me to go see the local police, I explained the situation to them, four of them jumped in a police pick up and followed me out to the repair yard, stopping on the way to put 200 Baht of petrol in their pick up which I had to pay. They confronted the owner of the repair shop and really tore him off a strip, after this they wrote up four sheets of paper spelling out exactly what the shop would do and gave them three weeks to complete the job, one copy for the repair shop, one copy for me and one copy the police kept. Three weeks later absolutely nothing had been done and I was forced to have another company haul the bus off to their yard for the completion of the job. As my bus was being connected up to the tow truck another car was also being hauled away after the lady owner had been waiting for three months and nothing had been done. I give the police credit for trying but I think the yard owner knew they had no teeth. It goes without saying that one policeman suggested I give him 1,000 Baht for their trouble.

[barka]

There is a "Consumer Protection" office of some sort in Phuket Provincial Hall. But, I suspect they only consider grievances over the sale of goods and services from shops etc.

Yours seems more of a commercial contract. As such I believe it would fall within Contract Law, or maybe Law of Tort, depending on the circumstances.

Is there anything in the contract which states that ownership title to "raw materials" remains with you, until they have been converted into the finished article? Eg, wood planks, that would later become a boat.

Sadly, it looks like a legal case, and you know what that means.

Good luck,but like you said it could take years,a lot of money spent on lawyers etc and end up with silch..as fara as consumer protection i s concerned this is... TIT....[THIS IS THAILAND]...] Probably the best action is talking with the guy,trying not to get angry,..not easy.. the other action if all else fails is..DONT GET ANGRY GET EVEN...How you do it is up to you?.........

[phuketlen]

how about, emmmm let' see...have a think...think...think...AH HA! got it! maybe do not ask for and take legal advice from folks here? maybe go find someone with that actual technical training and expertise? that would be a start.

[Lannatyne]

how about, emmmm let' see...have a think...think...think...AH HA! got it! maybe do not ask for and take legal advice from folks here? maybe go find someone with that actual technical training and expertise? that would be a start.

That would assume that no one on TV has neither a legal background nor work with contracts, of course.

[MissChris]

That would assume that no one on TV has neither a legal background nor work with contracts, of course.

Could also be that Contract Law and the Law of Torts (which doesn't appear appropriate here) are different in Thailand. That's why you need to talk to someone who is educated in Thai law. Who knows, some of it may have been incorporated holus bolus from English law. That'd make it easier. I'd love to study Thai law. Anyone got any ideas where?

[stuandchris]

I'd love to study Thai law. Anyone got any ideas where?

Joke shop, Phuket Town?

[phuketlen]

how about, emmmm let' see...have a think...think...think...AH HA! got it! maybe do not ask for and take legal advice from folks here? maybe go find someone with that actual technical training and expertise? that would be a start.

That would assume that no one on TV has neither a legal background nor work with contracts, of course.

i stand "corrected," allow me to rephrase: how about not seeking from or listening to folks on TV which is not much different then asking all the folks at the local watering holes...and, instead, seeking out competent legal counsel?

[phuketlen]

That would assume that no one on TV has neither a legal background nor work with contracts, of course.

Could also be that Contract Law and the Law of Torts (which doesn't appear appropriate here) are different in Thailand. That's why you need to talk to someone who is educated in Thai law. Who knows, some of it may have been incorporated holus bolus from English law. That'd make it easier. I'd love to study Thai law. Anyone got any ideas where?

recommend you steer clear of someone "educated in thai law" and find someone who knows it

[phuketlen]

I'd love to study Thai law. Anyone got any ideas where?

Joke shop, Phuket Town?

THANK YOU!!:jap: EXACTLY the kind of answer that illustrates the irrelevant incompetency of pretty much ANY answer to a legal question regarding Thai law you get on TV. nuff said.

[pagallim]

I'd love to study Thai law. Anyone got any ideas where?

Joke shop, Phuket Town?

THANK YOU!!:jap: EXACTLY the kind of answer that illustrates the irrelevant incompetency of pretty much ANY answer to a legal question regarding Thai law you get on TV. nuff said.

Given your own answer, perhaps you got exactly what you were expecting.

However, from your earlier posts, it appears you've bought the materials, and the vendor was to supply labour (and failed to do so?). Who is in possession of the materials? Do you have the receipts for their purchase? Given what you've outlined, the term 'cutting of losses' springs to mind, so you should attempt to regain possession of the materials.

Moving on, who gave you advice to use this particular individual/company? Suggest you find alternative sources for advice. Write the experience off (unless you're talking severe financial penalties of course), and use it as a lesson learned. Just try and get back as much of your outlay as possible, and forget about this particular individual/company completing the contract.