What is an EPC Contract? There are many companies within the development and infrastructure, renewable energy and power industries that prefer the use of Engineering, Procurement and Construction contracts to manage complex projects. An Engineering, Procurement and Construction Contract (“EPC Contract”), occasionally known as a “Turnkey Contract”, is a construction contract where the contractor (“EPC…

What is a Letter of Award? In many construction or development projects (“Projects”), an employer (“Employer”) will usually invite contractors (“Contractors”) to submit their respective bids and offers (“Tenders”) towards a specific scope of work of the Project, such as the supply of goods and rendering of works and services. Where the Tender of a…

Date of Royal Assent:  18 June 2012 Date of publication in the Gazette: 22 June 2012 Date of coming into operation: 15 April 2014 Part I – PRELIMINARY SECTION 1.  Short title and commencement 2.  Application 3.  Non-application 4.  Interpretation Part II – ADJUDICATION OF PAYMENT DISPUTES SECTION 5.  Payment claim 6.  Payment response 7. …

1. What governs the rights and obligations of developers and purchasers of properties? The sale and purchase agreement is the primary definitive document which governs the rights and obligations of developers and purchasers of properties. 2. How are purchasers’ rights safeguarded? Sale and purchase agreements for the purchase of properties from a developer are prescribed…

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, 26 February, 2020 12:30pm – 2:30pm  Land Acquisition: Knowing Your Rights (Download pdf brochure ) Overview As a developing nation, lands in Malaysian are constantly being acquired under the Land Acquisition Act 1960 in order to accommodate the development of the country especially for mega infrastructure projects such as the MRT, LRT3, DUKE, SUKE, EKVE,…

  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…

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

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…

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…