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  • Article

    Construction Arbitration In Malaysia – Rajah & Tann Contributes To GAR Know How

    Rajah & Tann Asia has contributed the Malaysia chapter to the Global Arbitration Review ("GAR") series on Construction Arbitration
    MalaysiaReal Estate and Construction
    Rajah & Tann
    Rajah & Tann
  • Article

    Malaysia Airports Successfully Defends Majority Of Contractor's Claims Relating To The Renovation Of Penang International Airport

    On 15 September 2021, the Shah Alam High Court rendered its decision for the recent trial between Syarikat Pembinaan Anggerik Sdn Bhd ("SPASB") and Malaysia Airports Holdings Berhad ("MAHB").
    MalaysiaReal Estate and Construction
    SKRINE
    SKRINE
  • Article

    Construction Industry Payment And Adjudication Act 2012 Comes Into Operation In Malaysia

    Adjudication is now a well established method of resolving disputes in the construction field in the UK, Australia, New Zealand and Singapore.
    GlobalReal Estate and Construction
    RWK Goodman
    RWK Goodman
  • Article

    Case Update: Unreasonable To Hold That Routine Residential Construction Works Are Subject To Non-Delegable Duty

    Excavation Works – Damages – Underground Cable – Non-Delegable Duty of Care – Independent Contractors – Negligence...
    MalaysiaLitigation, Mediation & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Case Update: Federal Court Delivers Verdict On Compensation For Illegally Erected Buildings

    Facts There are three appeals laid before the Federal Court. Two of which are by Lembaga Lebuhraya Malaysia (the ‘Appellant') and the third is by MMC Tepat Teknik Sdn Bhd (the ‘2nd Respondent').
    MalaysiaReal Estate and Construction
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Case Update: Challenging An Adjudication Decision: Unveiling The Quest For A Stay

    Facts ASM Development (KL) Sdn Bhd (the 'Appellant') had engaged Econpile (M) Sdn Bhd (the 'Respondent'), for a construction project. Works were supposed to be completed by January 2018...
    MalaysiaReal Estate and Construction
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    CIDB Extends Initiatives For Contractors

    The Construction Industry Development Board of Malaysia (‘CIDB') had on 7 May 2020 introduced initiatives to ease the burden of construction industry players affected by the Movement Control Order...
    MalaysiaReal Estate and Construction
    SKRINE
    SKRINE
  • Article

    Update: CIPAA Is Prospective!

    The Construction Industry Payment and Adjudication Act 2012 ("CIPAA") came into operation on 15.4.2014.
    MalaysiaReal Estate and Construction
    MahWengKwai & Associates
    MahWengKwai & Associates
  • Article

    Letters 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")...
    MalaysiaReal Estate and Construction
    MahWengKwai & Associates
    MahWengKwai & Associates
  • Article

    Stay-ing Within The Limits Of The Arbitration Clock!

    Time, for purposes of the Limitation Act 1953, stops to run upon commencement of a suit or other proceedings in a Court of law. However, what happens if the time bar sets in before the commencement...
    MalaysiaLitigation, Mediation & Arbitration
    Shearn Delamore & Co.
    Shearn Delamore & Co.
  • Article

    Case Update: Apex Court Upholds Decision To Save Taman Rimba Kiara

    Facts As the relevant local authority, the Datuk Bandar Kuala Lumpur (‘Appellant') granted a development order (‘Impugned Development Order') for a proposed development which comprises...
    MalaysiaReal Estate and Construction
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Conditions Precedent In Construction Contracts

    In most construction contracts, in particular the standard forms contract such as the PAM Contract 2018, AIAC Standard Form of Building Contract 2019,...
    MalaysiaCorporate/Commercial Law
    Chooi & Company
    Chooi & Company
  • Article

    Getting Direct Payment From The Principal Under Section 30 Of The Construction Industry Payment And Adjudication Act 2012 (CIPAA 2012)

    Your main contractor has defaulted in its payments to you, the subcontractor. After several ignored demands, you initiated adjudication proceedings under CIPAA 2012 for the payments due to you.
    MalaysiaReal Estate and Construction
    MahWengKwai & Associates
    MahWengKwai & Associates
  • Article

    Case Spotlight: Timeline For Adjudication Is Based On Location Of The Project Site

    Adjudication under the Construction Industry Payment and Adjudication Act 2012 has strict timelines to be complied with and that is the one main purposes of this dispute resolution mechanism–speed.
    MalaysiaReal Estate and Construction
    Donovan & Ho
    Donovan & Ho
  • Article

    MCO 2.0: Critical Construction Works Allowed

    Contractors should note that the aforementioned workers accommodation must be in compliance with the requirements of the Workers Minimum Standard and Amenities Act 1990.
    MalaysiaReal Estate and Construction
    SKRINE
    SKRINE
  • Article

    Sanctions And Material Adverse Change Provisions

    Craig Shepherd and Arnold Hoong have recently published an article in the Global Arbitration Review's Asia-Pacific Arbitration Review 2023 on the contractual effects of sanctions on construction projects.
    MalaysiaReal Estate and Construction
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Malaysian Court Finds That Non-payment Of Arbitration Fees Alone Will Not Render Arbitration Agreement Inoperable

    Refusing to pay arbitration deposits is a common strategy employed by parties to delay or make proceedings difficult for the counterparty.
    MalaysiaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    FAQ On Liquidated Damages For Late Delivery Of Properties By Developer

    The sale and purchase agreement is the primary definitive document which governs the rights and obligations of developers and purchasers of properties.
    MalaysiaReal Estate and Construction
    MahWengKwai & Associates
    MahWengKwai & Associates
  • Article

    FAQ On Retention Sum In Construction Contracts

    Retention sum is a sum retained by an employer against interim sums payable to the contractors for work done and will be released to the contractor...
    MalaysiaReal Estate and Construction
    MahWengKwai & Associates
    MahWengKwai & Associates
  • Article

    Malaysia's Total Lockdown: Critical Construction Works Allowed

    As Malaysia approaches the second half of year 2021, it does so under a nationwide lockdown.
    MalaysiaReal Estate and Construction
    SKRINE
    SKRINE
  • Showing 1–20 of 69 results

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