ความสัมพันธ์ระหว่างข้อมูลคดีและคำพิพากษาของศาลฎีกาในข้อพิพาทงานก่อสร้าง

Abstract

The objective of this research is to collect and classify construction dispute case data from Supreme Court judgments between the years 2541 B.E. to 2565 B.E., aiming to analyze the relationship between seven types of case data and court judgments. By employing a method of case screening involving the identification of specific keywords and a thorough examination of judgments, 134 construction dispute cases were identified. The overall characteristics of these cases are as follows: the proportion of cases where the employer and the contractor initiated the case did not differ significantly. The majority of employers and contractors involved in dispute cases were legal entities, and most of the disputed initiated construction works were building structures. Almost all contracts were for new construction projects. The majority of cases in the Supreme Court were appealed to the Courts of Appeal and the Supreme Court by the defendants. The proportion of cases where the court ruled for the plaintiff and defendant was 75.40%:24.60%, and the proportion of cases where the court ruled for the employer and contractor was 53.70%:46.30%. The results of chi-square tests indicated a statistically significant relationship between the type of initiating party and the type of construction with the court ruling for the plaintiff and defendant. Meanwhile, the types of employers and contractors exhibited a statistically significant relationship with the court ruling for the employer and contractor. Keywords: Construction Dispute Cases, Supreme Court Judgments, Construction Disputes