Construction

The Construction industry in Malaysia has seen steady growth in recent years. There are various aspects to a construction project which we are able to assist our clients in.

Our team is experienced in handling a full spectrum of construction matters, including both contentious and non-contentious matters. We have assisted a diverse profile of clients from SMEs to high-profile firms in multi-million ringgit contracts and cross-border projects. Having arbitrators and adjudicators on our team also lends credence to the expertise that we are able to provide in order to solve your construction needs.

Our team has been consistently ranked in Tier 2 for “Real Estate and Construction” in the Legal 500 Asia Pacific since 2018 and was previously ranked Tier 3 in 2016 and 2017. We also received a notable mention in the IFLR 1000 for our services in Project Development: Infrastructure.

Our Services

• Drafting and concluding construction and/or other ancillary contracts
• Advising project owners, developers, consultants, contractors, suppliers, and operators on their rights and obligations arising from their construction contracts
• Advising and assisting clients during pre-dispute resolution negotiations and settlements
• Advising and assisting clients for claims under the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”)
• Acting as counsel on behalf of clients in mediation, adjudication, arbitration, litigation and all other forms of alternative dispute resolution arising from domestic and international disputes

Our Experience

• Advised and represented a leading rubber glove manufacturer in court proceedings to set aside an unfavourable adjudication decision in which our client was liable to pay RM5,241,731.02 to its roofing contractor.
  We successfully set aside the adjudication decision on the basis that the adjudicator had committed a breach of natural justice in making his decision. This was the first case in which an adjudication decision under the CIPAA 2012 was set aside by the High Court. The novel decision has been published as WRP ASIA PACIFIC SDN BHD v. NS BLUESCOPE LYSAGHT MALAYSIA SDN BHD [2015] 1 LNS 1236; [2015] MLJU 1125; [2016] 1 CIDB-CLR 140.
• Advised a prominent developer in resolving their disputes regarding the structural integrity of a low-cost apartment and whether the constructed building has reached its ultimate limit state under the British Standard Code of Practice. Following thereof, whether the owner is entitled to claim for RM40 million against the consultants and insurance company of the project as the estimated loss and damages suffered.
• Advised and represented a leading interior design and construction solution provider in adjudication proceedings against local authorities for work done and services rendered for an adjusted contract sum of RM9.5 million.
• Advised and represented a renowned contractor in a construction project involving the beautification of the Kuala Lumpur Heritage Trail for a contractual sum of RM29 million awarded by Datuk Bandar Kuala Lumpur.
  We successfully obtained a judgment in favour of our client, wherein the High Court of Kuala Lumpur held that the Main Contractor and DBKL were jointly and severally liable to pay our client RM3,934,402.43, together with total costs amounting to RM165,000.00.
  We also successfully defended our client in the appeal brought by the Main Contractor at the Court of Appeal.
  The High Court decision has been published as SEAGATE GLOBAL TRADING SDN BHD V PELITA MAINTENANCE RESOURCES SDN BHD & ORS [2019] MLJU 1002.
• Advised and represented a distinguished pressure vessel fabricator in arbitration proceedings against an action commenced by the main contractor of a refinery project in Johor for the sums paid under protest, back charges, liquidated and ascertained damages and general damages for wilful negligence and aggravated delays amounting to approximately RM16 million. We also counterclaimed for variation works in the sum of approximately RM5 million.
• Advised and assisted a prestigious project optimisation solution provider in reviewing and drafting of various agreements to be executed with its partners across South East Asia and China.
• Advised and assisted a reputable design-and-build contractor in the preparation and drafting of the construction contract, profit-sharing and undertaking agreement concerning a commercial project in Putrajaya.
• Advised and represented a high-ranking mechanical & electrical consultancy firm in its legal disputes against the owner of the Kuala Lumpur Platinum Park Project.
• Advised the main contractor for matters in relation to its disputes with the local authorities regarding the unlawful termination of a construction contract to build a multi-storey car park building for the contract sum of RM92.3 million.
• Advised and assisted a tenant where the piling works at the adjacent land caused soil erosion which ultimately leads to the collapse of the fencing wall and floor slap of the tenant’s premises.

Related Services

• Adjudication
• Arbitration
• Debt Recovery
• Dispute Resolution
  

Reviews & Testimonials

• “Tommy Wong and the team at MWKA are very attentive and efficient with their legal advice and work. MWKA is a highly recommended and reliable team of lawyers. Thank you, Tommy and MWKA.” – Chen An, Cicet (Malaysia) Corporation Sdn Bhd, Selangor
• “Raymond Mah and Wong Chee En have been very responsive, despite what appears to be a small case to MWKA (in my opinion). My wife’s case has been treated with great care, patience and understanding of the incident that happened, as well as being able to comprehend our thoughts and intention well. We have been given professional advice analytically as to the options available in our situation and the possible outcome of each. MWKA has been very attentive and we appreciate their service very much. A firm that I would definitely recommend.”- YH Lai
• “The legal advice and services provided to us by Ms Cassandra Nicole Thomazios, Mr Tommy Wong and Ms Mira Mashor were helpful, detailed and efficient. This team of lawyers did not have any issue to cope and deal with matters that required unexpected urgency. We are more than happy to recommend the capabilities, quality, standard and services of the team. Thank you, MWKA.” – Lynette Lim, Hexatech Engineering Sdn Bhd, Selangor
• “We were facing issues with our main contractor who refused to pay us despite the fact that work had been completed long ago. We sought Christine Toh’s advice to recover the long outstanding debt. Christine and Ashvinder were extremely helpful and professional in their legal services. We would highly recommend Christine and Ashvinder for those who are facing construction disputes!” – Tall Innovations Sdn Bhd, Selangor
• “The services we received from MahWengKwai & Associates were great and impressive. We have been working with Christine Toh for many years and we always turn to her when legal advice is required. She is well versed with the law surrounding the construction industry, always reachable and prompt in her response. We look forward to many more years of working with her!” – Cheryl Tan, Siab Holdings Berhad, Selangor
• “We extend our gratitude and thanks to MWKA and Mr Tommy Wong for attending to and assisting us with our matter diligently. Highly recommended.” – Azrena Ibrahim, Opimax Properties Sdn Bhd, Kuala Lumpur
• “The peace of mind that Ms. Christine Toh, Ms. Denise Phang, and Mr. Wong Chee En provide for construction related matters is not merely without basis but reflected positively in the outcome evident from the cases handled by this amazing team which further gives me the confidence to entrust them in dealing with other complex matters in litigation, CIPAA, and advisory roles. Their quick, detailed, and confident responses are often, if not always brings a sense of clarity and direction moving forward.” – Nicholas Jones, Binasat Sdn Bhd, Kuala Lumpur
• “MahWengKwai & Associates’ services and professionalism are undeniable, especially Ms Christine Toh. She pays attention to her client’s needs, applies valuable analysis and furnishes sound advice.” – Yong, CNQC Engineering & Construction (Malaysia) Sdn Bhd, Kuala Lumpur
• “I want to thank Christine Toh for her swift and professional legal services. She excels at giving sound legal, business and strategic advice. She is always helpful and I am grateful to have her as my legal advisor. Strongly recommended!” – Darren, Invent Tech Filling System Sdn Bhd, Selangor
• “MahWengKwai & Associates has provided us with their legal services with utmost professionalism. They, in particular Ms Cassandra Thomazios and Mr Tommy Wong, exercised efficiency and patience whilst providing an excellent standard of work. Further, they always made sure that safeguarding our interests were their priority. They are very capable and reliable, and we certainly recommend their legal services. As such, thank you, Cassandra and Tommy. Thank you, MahWengKwai & Associates.” – Nur Elyshia Khairul Annuar, Serba Dinamik Holdings Berhad, Selangor
• “I would like personally thank MahWengKwai & Associates for their help in our case whereby a client owed us money. Special appreciation goes to Hannah Patrick and Wong Sue Ann and their team as I saw first hand how hard and systematic they worked, working late all through the night to handle our documentation. They also remembered to discount a token sum of their fees as previously agreed even when we forgot about it.” – Chin AJ, Ideaworks Resources Sdn Bhd
• “We highly recommend MahWengKwai & Associates for CIPAA proceedings. They represented us in CIPAA proceedings for the collection of late payments in our constructions projects. The adjudication decisions were in our favour and we received an unexpected settlement, more than what we had hoped for. We would like to express our sincere thanks to the team, Ms Christine Toh who is knowledgeable and exceptional, Ms Denise Phang and the rest who handled our cases professionally. We appreciate their attention to detail, quick response time, quality and good analytic skills.”– Dorothee Wong, Versalink Sdn Bhd
• “Mr Raymond Mah and his team of lawyers, Ms Cassandra Thomazios and Mr Tommy Wong, have demonstrated their commitment to providing exceptional client-focused legal services. His team of lawyers are accessible and very responsive to our needs and have provided us with solid legal advice. They work to ensure that the scope of their legal services stay consistent with our expectations and budget. We value our relationship with MahWengKwai & Associates and would be happy to recommend them.” – Ann Quah, Mulia Property Development Sdn Bhd