A practice built around the pace and complexity of construction.
Khao Counsel was formed to fill a clear gap in the Bangkok legal market: construction law counsel that stays with a project from the earliest contract negotiation through to the end of the defects liability period.
Back to HomeKhao Counsel: where the practice began
The practice was established in Bangkok with a single purpose: to provide construction-sector clients with legal counsel that genuinely understands the rhythms and pressures of a live project. Construction law is not like other commercial law. Deadlines matter in a different way. A notice served one day late can forfeit a claim worth multiples of the legal fee. A poorly drafted variation order can unsettle a project for months.
The Thai construction market — spanning the hospitality and condominium developments of Bangkok, the industrial estates of the Eastern Economic Corridor, and large infrastructure programmes — operates within a distinct legal context. Standard FIDIC forms are often significantly modified by employer amendments. Thai-language bespoke development agreements sit alongside international contractor forms. Khao Counsel was set up specifically to navigate that landscape.
The practice draws on experience in Thai civil and commercial law, international construction arbitration, and the specific procedures of the Thai Arbitration Institute. It works with overseas counsel where projects require cross-border legal coordination — for instance, where a project carries Hong Kong or Singapore arbitration provisions, or where the employer or principal contractor is incorporated outside Thailand.
The firm's name reflects its foundational approach: clear advice, delivered without excess. The Thai word khao — meaning "white" in the sense of clarity and legibility — informs the way the practice communicates. Legal work on construction projects is technical. It should not be obscure.
Practice Focus
- Construction contract review and negotiation
- Project counsel during the construction phase
- Multi-year programme support
- Claims, notices, and dispute avoidance
- Thai and international arbitration support
"Construction disputes rarely appear without warning. The warning signs are usually in the contract."
The lawyers behind Khao Counsel
Prasert Mongkhon
Managing Counsel
Called to the Thai Bar with fifteen years in construction and infrastructure matters. Led counsel on several EPC projects in the Eastern Economic Corridor and the Greater Mekong corridor.
Nittaya Kanchanasiri
Senior Associate
Specialist in FIDIC contract administration and Thai civil procedure. Previously with an international construction consultancy before moving to legal practice in Bangkok.
Wiroj Anantachai
Associate
Focuses on sub-contractor disputes and payment certificate disputes. Bilingual in Thai and English with particular strength in Thai-language developer agreements and related documentation.
How the practice operates
Thai Bar Membership
All lawyers at Khao Counsel hold current registration with the Lawyers Council of Thailand. Regulatory obligations are maintained and professional indemnity insurance is in place.
Conflict checking
Each new instruction is subject to a conflict check against existing and former clients. Where a conflict is identified, the prospective client is informed before any engagement begins.
Confidentiality
All project information is treated as strictly confidential. Documents are held on secure systems and not shared with third parties without client instruction. Engagement letters confirm these obligations.
Written deliverables
Advice is delivered in writing. Verbal discussions are followed with a written summary. This creates a reliable record and makes it straightforward for clients to act on the advice or share it with their project team.
Fee transparency
Fees are agreed at instruction. Estimates are provided before significant work is undertaken. Invoices set out the work performed in sufficient detail to verify the amount charged.
PDPA compliance
The practice complies with Thailand's Personal Data Protection Act in handling client data. A data protection policy governs how personal information is collected, used, and retained.
Construction law in the Thai context
Thailand's construction sector operates within a legal environment that combines civil law principles with internationally derived standard forms. The Civil and Commercial Code governs the underlying contract relationships, while FIDIC editions — often significantly amended by employer-specific modifications — provide the administrative framework for payment, variations, and dispute resolution on most mid-sized to large projects.
Khao Counsel's work is concentrated at the intersection of those two systems: advising on what the contract actually requires at any given stage of a project, identifying where Thai law supplements or modifies the contractual position, and preparing the documents — notices, claims, responses, and reports — that give a project's legal position a clear and defensible record.
The practice also maintains current knowledge of construction arbitration developments in Thailand, including practice at the Thai Arbitration Institute and under UNCITRAL rules, and follows relevant decisions of the Thai courts on construction disputes as they are reported.
Clients include Thai developers managing FIDIC contracts with international contractors, foreign contractors working under Thai developer agreements, and sub-contractors seeking advice on payment and dispute matters. The common thread is that each client has a construction project with a legal question that deserves a thoughtful, considered answer — not a form letter.
Ready to discuss your project?
The practice welcomes initial enquiries from developers, contractors, and project teams at any stage of a construction project. An early conversation is usually the most useful one.
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