The problem of remedy for the damages from civil engineer malpractice and Insurance solution mechanisms under the Thai law

Abstract

Professional practices of civil engineers are related to the stability and strength of various structures. The malpractice of an engineer will lead to the destruction of the construction and the damage to the life, body, health and property of the person. Under Thai law, victims can claim remedies based on contract law and tort law. However, the protection of victims under that law still has many shortcomings, such as the problem of economic ability of engineers to pay compensation, the burden of proof and the long period in the court proceedings etc.

The insurance is a good choice to use for solving such problems, because the injured person can immediately claim from the insurer under the insurance policy without going through the court process. Thus, the victim does not the burden of proof and they can receive compensation in a short time. In addition, the insurer has sufficient economic stability to compensate for the damage under the policy, so the victim can be assured that they will receive the compensation.

Currently, Thai law requires construction project owners or building owners to provide construction insurance or construction liability insurance in some cases. On the other hand, contractors or construction project owners often made a voluntary insurance contract in the form of contractor's all risks insurance. Both types of compulsory insurance and voluntary insurance cover the damage from the malpractice of civil engineers but there are gaps in victim protection. The compulsory insurance is very limited cases, and the voluntary insurance provides an exception to coverage for damage caused by design errors. Therefore, the Thai insurance mechanism still cannot fully protect the victims from the malpractice of civil engineers and need further development.