Enigmatic Aspects of “Time Is of the Essence” in Construction Law of Thailand: A Comparative Study of Common Law in England and Australia

Abstract

This article studies intricacies of the statement “time is of the essence” in a legal context, in relation to construction delays in Thailand, comparatively analysed in terms of law in England and Australia. Notably, the Supreme Court of Thailand has applied “time is of the essence” in a broader manner than its counterparts in England and Australia, surpassing boundaries set by Section 596 of the Thailand Civil and Commercial Code (CCC), the provision explicitly recognising the concept. These findings suggest that while this Supreme Court approach may aspire to fairly resolve construction disputes, its application beyond the statutory framework leads to legal uncertainties, potentially significantly impacting construction contract administration.