By Raymond Mah, John Chan & Pramodhini Jayapragasam Are you within the time limit to claim for your property damage? If you are a property owner and you recently noticed latent defects/property damage such as cracks on your walls, floor or ceiling then this article may be relevant to you. On 3.4.2018, the Dewan Rakyat…

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…

  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…

  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…

  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 :…

  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…

MahWengKwai & Associates congratulates our managing partner, Mr. Raymond Mah, who succesfully completed the Kuala Lumpur Regional Centre for Arbitration (“KLRCA”) Adjudication Training Programme in 2012 and has been qualified by the KLRCA as an adjudicator. Launch of the Malaysian Society of Adjudicators The Malaysian Society of Adjudicators was launched in conjunction with a dinner…

by Raymond Mah & Melanie Woo Ching Yie Introduction The consistent growth of the construction industry in the past few years driven mainly by government projects as part of the Economic Transformation Programme (“ETP”), has continued to rise to many construction-related disputes. Some problems in the construction industry include speculative development without sufficient financial capital,…

HIGH COURT OF MALAYA, KUALA LUMPUR CIVIL SUIT NO. : S5 – 22 – 880 – 2006 BALIA YUSOF BIN HAJI WAHI J 28 JULY 2010 Construction law – allegation of delay – liquidated ascertained damages “LAD” – failure to handover site on schedule – time at large Sale of goods – s 42 Sale…

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