Two ITD construction contracts to be terminated following recurrence of crane collapse incidents

The government’s instruction follows the latest collapse of a crane in an expressway construction project by the same company, Italian-Thai Development Plc, on Rama 2 Road in the southwestern province of Samut Sakhon, just 24 hours after the first collapse of a railway construction crane on a passenger train in the northeastern province of Nakhon Ratchasima that killed 32 passengers

Caretaker Prime Minister Anutin Charnvirakul revealed on Friday the government’s latest move to address the issue while inspecting the scene of the repeated crane collapse accident on Rama 2 road. 

PM Anutin said the government was particularly concerned about public safety in connection with the dangers posed by the incidents. So, it has instructed the Ministry of Transport to proceed with terminating the contracts of the projects in accordance with the policy given. This will be enforced through an administrative order, the Prime Minister said. 

PM Anutin trusted that the blacklisting process would then follow spontaneously as the government’s action would prompt the company to abandon the work.

“The government didn’t say that the Department of Highways had violated the contract (of an elevated expressway construction project), but what happened posed a public hazard. Such a danger had repeated four times already within a 10-month period. This is about exercising administrative power. The government has the right to provide guidance and policy,” said PM Anutin.

The Prime Minister said the opposing party still has the right to pursue legal action, but the government will no longer allow it to work on these projects. 14 projects of the company will be suspended for safety inspection. The cause of this latest incident is quite clear that it had stemmed from the work around the structure, the PM further said.

He further cited the collapse of the State Audit Office building and a crane collapse in the high-speed rail project in Sikhio, Nakhon Ratchasima, as examples of similar damage. This is why the government says “enough” to projects that fall below standard, the Prime Minister added.

Whether the company can appeal to the Administrative Court, the Prime Minister said: “They are free to do so.” He pointed out that during the administrative court deliberation, the truth about the incidents and flaws in the projects will be exposed, as independent and technical experts will jointly investigate.

“Now is not the time to aggravate the situation. We have a duty to ensure maximum safety, even if it means resorting to administrative orders, because if we pursue civil litigation, we don’t know how many more years it would take,” said PM Anutin.

Presiding Judge of Udon Thani Administrative Court, Terdpong Kongchan, who gave a lecture to the press in a one-day course on basic knowledge about the Administrative Court on Friday, gave comments on the issue, saying every act of state officials is based on the rule of law, meaning they must adhere to the law.

In the case of the contract termination by the government, it’s necessary for the state agencies concerned to examine conditions imposed according to the State Procurement and Supplies Administration Act B.E. 2560 and the relevant Regulation of the Ministry of Finance on Public Procurement and Supplies Administration B.E. 2560. They must also examine the conditions imposed in the contracts to see whether the contract termination is lawful, or they can be countercharged otherwise.

For the victims of the incidents, the senior judge said they can file a complaint with the Administrative Court for reparations based on “Other Liability”. This means the state will still be held responsible if its state officials’ acts cause damage to the public, even if those are lawful. The Judge said the victims can file such a complaint within one year.

The tragic recurrence

Around 9 am on January 15, just about 24 hours after the tragic incident of the crane collapse on a passenger train in Nakhon Ratchasima province, another construction crane collapsed during the construction of the elevated expressway (Motorway M 82) section 7 on Rama 2 Road, outbound lanes, before the bridge over the Tha Chin River in Tha Chin Subdistrict, Samut Sakhon Province. The incident resulted in injuries and two fatalities. (Read: At least 32 killed as crane at BRI railway construction site in Korat collapses on passenger train)

So far, the Department of Highways is setting up a committee to investigate the initial cause. Currently, access to the site is impossible due to the extensive debris. The necessary steps involve dismantling and inspecting various components. 

The collapse originated at the crane’s launcher gantry, where the failure and subsidence occurred. The incident in Sikhio district was also caused by a launcher failure, all of which suggests a failure in the supporting structure, not the main structural components, according to PM Anutin.

“The most critical point in this type of construction, which is part of all construction work, requires special attention. The incident occurred due to both negligence and carelessness. All work procedures should have been completed properly before opening the road surface for public use in the mornings,” said PM Anutin.