By Christine Toh  On 9.6.2020, our Partner, Christine Toh from the firm’s Dispute Resolution and Construction Department was invited by the Malaysian Water Association to speak on “Construction Contracts and the Aftermath of the MCO”. Christine began the presentation by discussing force majeure clauses by making reference to case law as well as various standard…

The Court of Appeal in Likas Bay Precinct Sdn Bhd v Bina Puri Sdn Bhd [2019] 3 MLJ 244, held that a successful claimant in adjudication proceedings is not required to enforce the adjudication decision before issuing a statutory notice of demand. However, in ASM Development (KL) Sdn Bhd v Econpile (M) Sdn Bhd (Case…

Wednesday, 17 June, 2020 3:00 pm – 3:45 pm  Contract Law for Construction Consultancy Agreements   About this talk As an architect, engineer, quantity surveyor or interior designer, do you understand how contract law applies to your construction consultancy agreements? Do you know how CIPAA is relevant to construction consultancy contracts and disputes? Join us…

By Tommy Wong Benchmark Litigation is a definitive guide to the world’s leading litigation firms and lawyers. On 4.5.2020, Benchmark Litigation Asia-Pacific released its ranking for 2020, and MahWengKwai & Associates is pleased to announce that we have been ranked on Benchmark Litigation Asia-Pacific 2020 on the following practice areas: Commercial and Transactions: Tier 4…

MahWengKwai & Associates’ Online Talks are presented by video conference to inculcate knowledge and awareness for our clients, potential clients and in-house counsel.  On 27 April 2020, our Senior Associate, Cassandra Nicole Thomazios together with Associate, Tommy Wong, from the firm’s Corporate Department spoke on “Dealing with the Impact of the Movement Control Order (MCO)…

MahWengKwai & Associates (“MWKA”) hosted its inaugural online talk, touching on a popular subject in the construction industry. The topic “How should Contractors in the Construction Industry Manage the Problems arising from the COVID-19 MCO?” was delivered over two days, on 2.4.2020 and 3.4.2020. The online talks were well received, with almost 300 attendees tuning…

What is a Boilerplate clause? “Boilerplate” is a term used to describe clauses that are usually found at the beginning and end of most corporate legal agreements or contracts which deal with the mechanics of legal points that are relevant to the transaction. Boilerplate clauses are predominantly standard and often viewed as miscellaneous provisions in…

Your main contractor has defaulted in its payments to you, the subcontractor. After several ignored demands, you initiated adjudication proceedings under the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) for the payments due to you. You filed your claim and argued your case. Finally, you obtained an adjudication decision in your favour, and…

Wednesday, 22 April, 2020 11:00 am – 11:45 am  马来西亚建筑裁决的简介(中文)Introduction to Construction Adjudication in Malaysia (in Mandarin)   About this talk About this online talk: Are you a contractor facing cash flow difficulties because your invoices and claims are outstanding? The Construction Industry Payment and Adjudication Act (CIPAA) 2012 aims to resolve the cash flow…

Thursday, 2 April, 2020 11:00 am – 11:45 am  Part 1: How should Contractors in the Construction Industry manage the problems arising from the COVID-19 MCO? Friday, 3 April, 2020 11:00 am – 11:45 am  Part 2: How should Contractors in the Construction Industry manage the problems arising from the COVID-19 MCO? About this talk…