Architect(Architect) Person who is involved in designing and planning

Architect(Architect)
Architect(Architect)

Architect(Architect)   Person who is involved in designing and planning the construction. Also known as architecture Will be those who understand the standards Construction work is a complex task that requires cooperation. From many parties Architects and engineers play an important role as consultants, designers or supervisors in the event of damage due to construction work, there will be issues to consider. Involved, including architects and engineers Which in some cases architects and engineers To be shared with others involved in the construction Or in the event that it may have to receive Responsibility alone The responsibility of architects and engineers takes place in both Legal responsibility is The objective of this thesis is to study the scope of civil liability due to From the professional practice of architects and engineers in construction projects in both Contract liability and abuse, which is the study of Contracts and violations are due to a defect in the performance of the professional duties of the architect. And engineers in the construction project, that is, in the construction project, the architect will He is a person who brings knowledge in the art of construction and related science in the design of buildings called architecture to design, plan and manage the construction of the engineer in the thesis. This edition refers to the civil engineer. A person with knowledge in design works and calculating details in construction and foundation calculations, including planning or construction planning. From the study, it was found that the job characteristics of architects and engineers were significantly similar, namely Consulting work Calculation, design and control work which may be divided into two groups: A group of persons having a contractual relationship with a group of persons who do not have Contractual relationship.Hence, the civil liability of architects and engineers To the victim It could be a contractual liability or a breach. Inevitably With the legal relationship between the architect and the engineer and the victim As architects and engineers are practitioners, studies have shown that the consideration of civil liability of architects and engineers takes the precautionary criteria used to determine the liability of architects and engineers. It is not suitable for natural persons to use. From the study, it can be concluded that architects and engineers must use the same care as those with professional expertise. Of ones who are in the same state or position Which depends on the nature of the job Provide each type of service as well, that is, consulting work is a job that requires individual People who are knowledgeable and competent, often as a specialist. Inside each field of work Level of knowledge, competence and expertise therefore Higher than conventional architects and engineers Must be able to clarify and remind customers about Problems and risks that may arise and must perform their duties. Calculation of the designer The designer must take into account the information obtained from the preliminary inspection of the two projects, the construction price, the provisions of the law relating to construction work for Providing the design to be suitable for use in accordance with the intent of the project owner if the work control Must be examined and supervised doing Contractor’s work Visit and take care of the construction site periodically, no need to oversee the work all the time, just take care and supervise when there is. Construction work in important parts If the architect and engineer supervise the problem, then the standard of caution should be established for architects and engineers by setting measures to be followed in each step according to the nature of the work. Each type is clear. This is useful when a case arises. These caution bases provide guidelines for diagnosing responsibility. Of architects and engineers in practice, the plaintiff or the victim must have faced problems in proving the The negligence of architects and engineers, which is the cause of the infringement, because of the principle of attesting the caution of architects and engineers. It must be compared with the vigilance of the individual practicing that particular profession, the natural person plaintiffs would not be able to know from the study, concluding that the principle of repulse of proof, similar to Commonwealth’s Res Ipsa Loquitur principle. Used in professional violations Of the architect and The engineer in the construction project could not because the Principal Res Ipsa Loquitur would apply to cases of events or circumstances where the plaintiff could show that. The defendant is in charge of the operation alone and causes gross damage without the action of the plaintiff and third parties involved. But in the case of the work of architects and engineers in construction work will There must be a joint work of many parties such as architects, engineers, contractors, project managers, etc. Making laws to pass the burden of Prove to architects and engineers directly is not appropriate. Because in the event that someone Many people took control with the defendants. The plaintiff would not prove that the defendant was. Only one of the many people involved in it, and this will prove that the negligence of the memory. It is not part of the negligence that causes damage. Therefore, solving the problem should enact additional legislation on measures to Operational safety of architects and engineers in all types of work; and All characteristics, which are presently defined only for certain characteristics, this requirement is a law intended to protect others under Section 422, which will effect the architect or engineer. Those who violate the said terms Must be presumed to be guilty. The contract for hiring architects and engineers is in the nature of a contract for making goods, so the provisions of the law regarding the employment contract must apply mutatis mutandis. Concluded that Preliminary work of mentoring and design work is only input from research and research, or is it just the creativity that appears as a diagram, numbers and details in the form. Built for use in construction only. Will such work be defective or not? Which the condition may not appear to be visible Must be able to bring the information or construction of these to the construction further. So it can be known if these things are faulty or not, so that the results can be used regularly. The construction benefit is usually over 1 year from the date that the architect and Delivery engineer Therefore cannot take Section 600, 601 to be applied, solving the problem must rely on the general age provisions under section 164, which has an age of 10 years from the time when the employer may enforce the claim, which is the date It turns out construction damage. Because such cases can be considered that The debtor does not pay the debt according to the true purpose of Debt value of the claim of the employer in violation of Section 448, which has a period of 1 year from the date the injured party knew of the violation. And knowing the person should have to use compensation or after 10 years from the date of the violation, as a result, architects and engineers have to wait for that When does their work Therefore will be used for construction And when that building will appear damaged Which will be the date of the initial age Especially In case of damage The construction of the building did not immediately become apparent, but it gradually eroded, cracks and cracks little by little. Implies, but the construction date is completed until the construction Crumble or damage it From the study, it was concluded that the building defect did not appear immediately noticeable, but gradually eroded into cracks little by little. Will be considered damaged only When the cracks cause the building to be damaged Until it is a disgrace Or deteriorate the benefits according to the condition of that building for a cost configuration Disappeared from the study concluded that Contract damages are intended to allow creditors to return to their original position or to have benefits as if they had. The debt settlement is complete. Therefore claiming damages Both losses and profits, but must be the same size or close to the amount that he has to lose or lack, so the damage that the plaintiff will suffer from normal damages arising from the Failure to pay debts and damage caused by special circumstances if the defendant should be remembered. Expected to see or in the opinion of the defendant that the defendant had occurred as a result of wrongdoing Contracts before the settlement of damages in violation of Section 438 of the Civil and Commercial Code is in its discretion. The judgment to be deemed appropriate to the circumstances and seriousness of the violation is not limited to the normal damages that Should only be expected to see Even the defendant is liable Unexpected damage Resulting from their violations Directly and not farther than the cause For setting the date as the basis of the assessment Damages must take into account the economic conditions that will change over time, in order to determine the damages on a particular day between the Appears the damage of the building with the date of the judgment to compensate it may cause The plaintiff did not receive justice. The solution should be based on the first day that appears. The fact that the plaintiff is ready to make repairs for a day Property price calculation in the event that the fact does not appear to be repaired on any day, it is considered the date that the plaintiff filed a lawsuit. Is the valuation day For commercial reasons which the victims often postpone Repair until the result appears in the case therefore The day the plaintiff filed a lawsuit, it can be considered. The last date that the plaintiff is ready to take action to repair the damage. And the plaintiff will Was not in violation of the duty to alleviate the damage that will be caused to him as wel lสถาปนิก

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