Bangkok: City Hall ordered by court to suspend construction of a condominium in Soi Sailom

[webfact]

City Hall ordered by court to suspend construction of a condominium in Soi Sailom

BANGKOK: -- The Central Administrative Court has ordered Bangkok Governor Sukhumbhand Paribatra and the director of Phya Thai district to suspend the construction of The Memorial Paholyothin 8 condominium immediately until it can be proven that the construction has not caused damages to nearby buildings.

The case was brought to the attention of the Central Administrative Court by the Anti-Global Warming Association and 21 affected residents in Soi Paholyothin 8 whose houses were damaged by the construction of the condominium.

All the plaintiffs requested the court hold an emergency hearing to consider their case and to order the city governor and the director of Phya Thai district to suspend the construction.

The court said that the constructer must prove to the court that the damages caused to the houses located near the construction site were not caused by the construction work or that the construction would not cause damages to nearby houses.

Anti-Global Warming Association president Srisuwan Janya said that the court’s ruling should serve a reminder to condominium or housing project developers that they should seek the consent of residents living near their project sites.

Source: http://englishnews.thaipbs.or.th/city-hall-ordered-court-suspend-construction-condomium-soi-sailom


-- Thai PBS 2014-12-01

[Nuddy]

Amazing Thailand.

Amazing all who read the news.

[rickirs]

"... ordered by court to suspend the construction of The Memorial Paholyothin 8 condominium immediately until it can be proven that the construction has not caused damages to nearby buildings."

Why would a defendent have to prove a negative, ie., that it didn't cause damage. I would think under a civil proceeding the burden of a complaintant is to prove damage, and thus, entitled to compensation. And why would such a complaint be grounds to stop construction unless there is a showing that continued construction will cause further damage. But the plaintiffs do not appear to provide any such evidence.

Regardless of whether the builder caused any alleged damages, the fact is the City will force the builder to suspend construction which will cause damage to the builder. So expect to see a lawsuit against the City by the builder for breach of contract. The project owners may also bring suit for whatever delay costs are not recovered by the builder and passed on to the owners as well as delayed sales and additional loan interest charges if the project timeline isn't met.

The City needs to appeal the court's decision.