Laws Regarding Insurance Against Damages Arising from the Practice of Architecture

Abstract

This research consists purposes were 1. to study the legal problems concerning insurance for damages arising from the practice of the architectural profession 2. to compare Thai laws with foreign laws specifically those of England, the Federal Republic of Germany, and the French Republic regarding insurance for damages resulting from the practice of the architectural profession 3. to analyze the legal issues related to insurance for damages arising from the practice of the architectural profession in foreign countries in comparison with Thailand

and 4. to propose recommendations for legal amendments concerning insurance for damages caused by the practice of the architectural profession. This research is qualitative in nature and employs a documentary research method, reviewing relevant literature and documents. The collected information is then analyzed using content analysis. The research findings revealed that The legal issues concerning insurance for damages arising from the practice of architecture include 1.1) The establishment of measures requiring licensed architects to obtain compulsory professional liability insurance 1.2) The determination of the value or coverage limit of such compulsory insurance for damages resulting from architectural practice and 1.3) The specification of the coverage period applicable to compulsory insurance for architects 2) A comparison between Thai law and foreign laws reveals that Thai legislation still contains shortcomings, which constitute legal gaps, particularly because professional disciplinary sanctions even though they impose restrictions or suspension of the right to practice are insufficient. In contrast, the laws of England, the Berliner Architekten -und Baukammergesetz (ABKG) of 2006 of the Federal Republic of Germany and French insurance law provide measures aimed at compensating injured parties. These foreign laws introduce compulsory insurance systems in certain circumstances related to the provision of architectural services. The adoption of such insurance mechanisms serves as a guarantee for remedying damages 3) Requiring architects who supervise construction management and administration to obtain insurance for damages arising from their professional practice is a measure that functions as a collective arrangement among individuals in the same professional position, who share similar and uncertain risks. This measure operates as a mechanism for transferring liability or transferring risks and losses to another party, in order to mitigate damages as mutually agreed upon and 4) Recommendations for amending the law concerning insurance for damages arising from the practice of architecture include 4.1) Addressing the legal issue of establishing measures requiring licensed architects to obtain compulsory insurance by amending the Architect Act B.E. 2543 (2000) to prescribe criteria for mandatory insurance covering liability to third parties who suffer damage resulting from architectural practice 4.2) Addressing the legal issue regarding the determination of the insured value or coverage limit for compulsory professional liability insurance by amending the Architect Act B.E. 2543 (2000), Section 50/1, to include provisions specifying the compulsory insurance coverage limit and 4.3) Addressing the legal issue concerning the determination of the coverage period for compulsory insurance required of architects by amending the Architect Act B.E. 2543 (2000) to include provisions relating to the duration of coverage.