Category archive: Construction law

Construction Adjudication in Malaysia – Faster and Cheaper Dispute Resolution

by Raymond Mah
 
The real estate market and the construction industry are interrelated, with improvements and progress in one having a positive impact on the other. The introduction of the Construction Industry Payment and Adjudication Act 2012 (“CIPA Act” or “Act”) represents a significant development in the construction industry. It is hoped by the government and…

Confidentiality in Construction Adjudication

by Raymond Mah
 
Other than providing a speedy dispute resolution mechanism, the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) offers another feature – confidentiality. This makes adjudication attractive to parties who desire to resolve their construction disputes quickly and quietly.
Section 20 of CIPAA 2012 expressly provides that construction adjudication proceedings shall be confidential, although with limitations and exceptions. There are similar provisions for confidentiality in adjudication proceedings in…

Renovation Contracts: Towards a Worry-Free Relationship with Your Contractor

by Raymond Mah and Gan Chong Chieh
 
Most people, at some point in their lives, will deal with renovation contractors. Whether the job is big or small, for the office or home, we can half expect delays, defects, cost overruns and stress from the renovation process. This is often based on our own prior experience with renovation contractors,…

SIAC Announces the Release of Revised Model Arbitration Clause

1 September 2015
SIAC Announces the Release of Revised Model Arbitration Clause
The Singapore International Arbitration Centre is pleased to announce the release of its revised Model Clause. This latest development from SIAC underscores its continued commitment to enhance the quality and efficiency of its services to users of arbitration in the global business community.
The revised SIAC Model Clause…

Construction Adjudication: Prospective, Retrospective or Somewhere in-between?

by Raymond Mah
LLB(Hons), BEcon, CLP
Managing Partner & Head of Dispute Resolution
MahWengKwai & Associates
raymond.mah@mahwengkwai.com

Introduction
On 15 April 2014, the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012” or “Act”) came into force, almost 2 years after it was gazetted by the Government in June 2012. It was hoped that CIPAA 2012 would be the solution to…

Construction Law International Conference (CLIC) 2014

 

The Construction Law International Conference (CLIC) 2014 was held from 18-20 September 2014 in Kuala Lumpur, Malaysia. The CLIC was organised by the Society Of Construction Law.
Please see below the list of sessions, speakers and presentations.
SESSION 1 : NEW INNOVATIONS IN CONSTRUCTIONS: HOW FAR CAN THIS GO?
Mr Phillip Greenham
Mr Lionel Persey QC : FPSOs
Mr Vincent Connor : The…

Case Highlights – Construction Dispute

 

Introduction
The Plaintiff is a civil and geotechnical consultant engineer and the Defendant was the developer of 4 blocks of apartments in Kuala Lumpur. At the conclusion of the piling works, the Plaintiff conducted tests to confirm the strength of the bored-piles. The Plaintiff found that most of the piles failed and refused to approve the…

Case Highlights – Mandatory Injunction to Restore Land to Original Position

Introduction
This is a dispute between the plaintiff  (“Plaintiff”) and three defendants namely the first defendant (“1st Defendant”), second defendant (“2nd Defendant”) and third defendant (“3rd Defendant”). MWKA represented the Plaintiff.
The Plaintiff is the owner of Lot 4978 and Lot 4979, Daerah Ulu Langat, Mukim Kajang, Negeri Selangor measuring approximately 10 acres. The 1st Defendant is the…

KLRCA Press Release: The Construction Industry Payment And Adjudication Act 2012 Comes Into Operation

Kuala Lumpur – The Construction Industry Payment and Adjudication Act (CIPAA) 2012 has come into operation effective 15 April 2014. The Act was passed on 18 June 2012 and gazetted on 22 June 2012. The Ministry of Works had proposed the Construction Industry Payment and Adjudication (Exemption) Order 2014 and the amended Construction Industry Payment…

Performance Bonds and Bank Guarantees – Interpretations and Demands

by Raymond Mah *
Introduction
(1) Performance bonds and bank guarantees are commonplace in the Malaysian construction industry. Construction contracts often require a contractor to take out a performance bond, typically in the form of a bank guarantee which can be called upon by the employer to a specified maximum limit in the event of the contractor’s breach…

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