Attention : K. Arkon Kaninkirakorn
PROJECT : THE LINE RATCHATHEWI PHETCHABURI SOI 18
Subject : Wrongful Termination
With reference to your letter ref no. TTS/RTW/002/2559 dated 9th November 2016 regarding above mentioned subject, we are writing to disagree and therefore disputes the validity and lawfulness of your rights to terminate our contract based on the following facts :-
(1) There are no justification of our material breach of contract either under general principles of contract law of Thailand Civil and Commercial Code or under the terms of the contract, therefore we considered such a termination is a wrongful termination. A wrongful termination is a repudiation of the contract, and is therefore in itself a material breach of the contract.
(2) There are no service of notice and proper completion of procedural requirements necessary for termination either under the contract terms or under the Thai Law. Otherwise, the termination might not be authorized by the contract and therefore be a wrongful termination. As usual, a notices should be sent to the recipient’s address as stated in the Contract Particulars. It is your obligation for such notices to clearly identify the express reason for termination.
(3) We have been carrying out our contractual obligations regularly and diligently since the beginning of the contract and have never received any non-compliance notice from you or your representative so far, thus there is no case for a material breach which fundamentally defeat the essential purpose of this contract.
(4) We undoubtedly challenge the genuine intention of this termination as “unreasonably or vexatiously or controversially”, and such termination will cause significant losses to us either financially and goodwill.