การที่กระทรวงคมนาคมสั่งให้รฟท.ต่อสู้ โดยยื่นอุทธรณ์คำชี้ขาดคณะอนุญาโตตุลาการ พร้อมกับมีการตั้งคณะทำงานขึ้นมาตรวจสอบงานที่ทำตามคำสั่งเพิ่มเติม หรือ VO ในขณะที่หลายฝ่ายเห็นว่าเป็นการซื้อเวลา ...เพราะรู้ๆกันอยู่แล้วว่า รฟท.เสียเปรียบทุกประเด็น แทบไม่มีโอกาสชนะเลย ซึ่งหลังมีคำสั่งศาลปกครองสูงสุด ยืนยันคำตอบชัดเจนส่วนการสั่งงาน VO ของสายสีแดงนี้ ผิดระเบียบ ขั้นตอนหรือไม่ บุคคลที่ออกคำสั่งมีอำนาจหรือไม่ เป็นคำถามที่คมนาคมและ รฟท. ต้องเร่งหาคำตอบ!!!
## SRT Loses Supreme Court Appeal in Red Line Dispute, Ordered to Pay ฿4.2 Billion
The State Railway of Thailand (SRT) has lost its final appeal in a long-running dispute over additional construction costs for the Red Line suburban railway project. The Supreme Administrative Court upheld previous rulings, ordering SRT to pay ฿4.2 billion to the S.U. Joint Venture (UNIQ and STEC) for approved work changes (VO).
This decision ends a legal battle that began in 2021, even though the Red Line opened in November of that year. SRT had disputed the arbitration panel's ruling, arguing that some work orders were not implemented, fell outside the contract, or were exaggerated. However, the courts consistently ruled against SRT.
This ruling raises questions about the process for authorizing work changes and the individuals responsible. A source within SRT revealed that the agency is reviewing the court order and will investigate the matter internally. The Ministry of Transport had previously formed a subcommittee to examine the legality of the 194 approved work changes, with concerns raised about potential conflicts of interest.
The Red Line project has faced escalating costs, with the total now exceeding ฿98.4 billion. This latest court ruling adds a further financial burden to the project. SRT will need to seek Cabinet approval for the additional payment, potentially delaying resolution and impacting future projects.
Corrected translation:
Supreme Administration Court has given a ruling NOT in favor of SRT on the issue of Red Line Dispute, Ordered to Pay ฿4.2 Billion
The State Railway of Thailand (SRT) has lost its final appeal in a long-running dispute over additional construction costs for the Red Line suburban railway project since The Supreme Administrative Court Judge has upheld previous rulings, ordering SRT to pay 4,204,286,694.83 Baht along with 7% VAT of 27,654,882.90 Baht to the SU Joint Venture (Sino-Thain Engineering and Construction PCL and Unique Engineering and Construction PCL) for approved the Variation Order (VO) which caused the changes on the Contract's term of reference and relating specifications.
Even worse, SRT will have to pay for the following expenditure
2. Interates on violating the loan term at 7.305% per annum up to 21 July 2022 at 929,211,622.11 Baht annd the Interates on violating the loan term at 7.305% per annum from the principals of 4,204,286,694.83 Baht loan started from 21 July 2022
3. the Interates on violating the loan term at 7.305% per annum from the principals of 180,651,350.64 Baht (Retention Funds) due to the delayed payment up to 21 July 2022 at 34,908,693.43 Baht
4. Expenditure due to extension of 680,057,076 Baht and 7% VAT along with the Interates on violating the loan term at 7.305% per annum effective on 14 December 2021
5. K value of compensation at 96,044,682.13Baht and 7% VAT at 6,723,127.75 Baht with total payment of 102,767,809.88 Baht and the Interates on violating the loan term at MLR+2%per annum effective on 14 December 2021
This Supreme Administration Court decision has ended a legal battle that began in 2021, even though the Red Line opened on 2 November 2021. SRT had disputed the arbitration panel's ruling, arguing that some work orders were not implemented, fell outside the contract, or were exaggerated. However, the Administration court judges had consistently given a ruling against SRT.
This Supreme Administration Court ruling has raised questions about the process for authorizing Variation Orders to make the changes on the works and the responsibilities of the individuals who have given such Variation Order. A source within SRT revealed that the agency is reviewing the court order and will make the internal investigation such matters. The Ministry of Transport had previously formed a subcommittee to examine the legality of the 194 approved work changes, with concerns raised about potential conflicts of interest.
Red line commuter consists of three contracts:
Contract 1: (Bang Sue Grand Central station building and Maintainance Center) - SU Joint Venture (Sino-Thain Engineering and Construction PCL and Unique Engineering and Construction PCL) as the contractor signed on 18 January 2013 at 29,826,973,512 Baht
Contract 2: (Bang Sue Grand Central - Rangsit track along with the station building from Chatuchak to Rangsit) - Italian Thai Development PCL as the contractor signed on 31 January 2013 at 21,235,400,000 Baht
Contract 3: Electromechanic works and EMUs with MHSC (Mitsubishi Heavy Industries Ltd. - Hitachi - Sumitomo Corporation) as the contractor signed on 30 March 2016 at 32,399,990,000 Baht
The Red Line project has faced cost overrun from 96,868,332,434.95 Baht in 2022 to 98,482,156,510.37 Baht in 2024 before the Supreme Administration Court Ruling. This latest court ruling adds a further financial burden of has added another 4,204,286,694.83 Baht of Variation Orders to the red line commuter project.
SRT will need to seek Cabinet approval for the additional payment, potentially delaying resolution and impacting future projects.
https://mgronline.com/business/detail/9670000108281?
Red Line Extension Gets Green Light: EIA Approved, Budget Revised
Deputy Prime Minister Suriya Jungrungreangkit has confirmed the Environmental Impact Assessment (EIA) for the Red Line extension remains valid, paving the way for construction to begin soon.
The Red Line, a vital commuter rail artery in Bangkok, is set to expand with extensions from Rangsit to Thammasat University (Rangsit Center) and from Siriraj to Salaya. While initial approvals were granted in 2019, budget adjustments necessitated a second review by the Cabinet.
Suriya clarified that the EIA, approved by the National Environment Board in 2015-2016, remains in effect despite the revisions. This confirmation from the Office of Natural Resources and Environmental Policy and Planning (ONEP) eliminates the need for a new EIA, saving valuable time and resources.
The Rangsit-Thammasat University extension is expected to be on the Cabinet's agenda within the next two weeks. Suriya, also the Minister of Transport, expressed his commitment to expediting the process. Once approved, construction can commence immediately.
Meanwhile, the Siriraj-Salaya extension, which combines the previously separate Taling Chan-Salaya and Taling Chan-Siriraj sections, is currently under review by the National Economic and Social Development Board (NESDB) and the Budget Bureau. Submission to the Cabinet is anticipated before the end of 2024.
In addition to the Red Line extensions, Suriya is also pushing for progress on two other crucial infrastructure projects:
* Motorway No. 5 (M5): An elevated route from Rangsit to Bang Pa-in.
* Motorway No. 9 (M9): Bangkok's outer ring road, west side, connecting Bang Khun Thian, Bang Bua Thong, and Bang Pa-in.
This renewed focus on infrastructure development signals the government's commitment to improving connectivity and facilitating economic growth in the Greater Bangkok area. With the EIA hurdle cleared and budget revisions in place, the Red Line extension is poised to become a reality, bringing enhanced convenience and accessibility to commuters.
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