Malaysian Construction and Contract Law

Arbitration

malconlaw — Thu, 23 Feb 2012 05:02:26 +0000

Malaysian Construction and Contract Law invites you to read the following articles in respect of Arbitration in Malaysia

Arbitration in Malaysia – Privacy & Confidentiality

Many consider that the main advantage of arbitration over litigation after perhaps the possible cost savings and the ability to have appointed arbitrators which possess a greater knowledge in the field of construction to be that arbitration proceedings offer privacy and are confidential in their process. Privacy means that the proceedings are not open to [...]

Enforcement of Foreign Arbitral Awards

The Arbitration Act 2005 has repealed the Arbitration Act 1952 together with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards Act 1985. However it as demonstrated in the following there were still challenges facing a party seeking to enforce a foreign arbitral award under the Foreign Arbitral Awards Convention Act in Malaysia [...]

Procedures & Laws Governing Arbitration in Malaysia

At the moment there are, two Arbitration Acts being used in Malaysia, being the Arbitration Act 1952 which is based on the English Arbitration Act of 1889 together with the 2005 Arbitration Act which is largely based on the Model Law and the New Zealand Arbitration Act of 1969. The 1952 Act applies to arbitrations [...]

Filed under: Malaysia Law, Posts, Site Update Tagged: Arbitral tribunal, Arbitration, Arbitration award, Law, Malaysia

Was Malaysian Judgment Plagiarised ?

malconlaw — Wed, 22 Feb 2012 02:12:41 +0000

It was reported in the Star Newspaper on Tuesday 21^st February 2012 that lawyers V.K. Lingam & Co did on the 13^th February 2012 file an application seeking an order to re-hear two appeals by a new panel of Federal Court judges in the case involving KJCF claiming that the judgment contained fifty paragraphs which were plagiarised form an earlier judgment. A full report is available to read at the newspapers link below:

http://thestar.com.my/news/story.asp?file=/2012/2/21/courts/10771810&sec=courts

We have not seen the judgment in question or the earlier judgment on which it has been claimed the judge plagiarised his judgment from, however the story does raise some interesting questions. It may be that the Judge leading the panel did reproduced some of the earlier judgement after finding that he concurred with it, but it appears that by doing so he may have omitted to consider the written submissions submitted in July 2011 according to the news article. In doing so the lawyer is putting forward the argument that ‘the minds of the judges were closed to a fair and impartial consideration of the applicants’ case and demonstrates no reasoning process by the Bench.’

In the event that it is demonstrated that the Judgment is indeed an amended version of the earlier judgment and fails to take account of any new evidence or submissions it is clearly wrong and risks seriously weaken the public’s perception of the Judicial system.

Filed under: Industry News, Malaysia Law Tagged: Judgment (law), Judiciary, Malaysia, Plagiarism

Gamuda Bhd-MCC Corp. Bhd Reported to be Lowest Bidder for MRT

malconlaw — Mon, 20 Feb 2012 09:38:32 +0000

It has been reported in the press that Gamuda Bhd-MMC Corp Bhd has submitted the lowest bid for the underground tunnelling works packages, worth in the region of RM8 billion, for the Klang Valley My Rapid Transit (KVMRT) Sungai Buloh-Kajang line. The full story is published on Business Times website on the link provided below.

http://www.btimes.com.my/Current_News/BTIMES/articles/20120209005711/Article/index_html

Filed under: Industry News Tagged: Business Times, Klang Valley Mass Rail Transit, MRT

Surety Bonds and Bank Guarantees In Construction – Explained

malconlaw — Tue, 14 Feb 2012 05:51:21 +0000

MALCONLAW has published a new article entitled Surety Bonds and Bank Guarantees In Construction – Explained which briefly describes the function of performance bond and guarantees together with retention bonds, maintenance bonds, advanced payment bonds, Employer payment bonds and others. The article included examples of the bonds and guarantees.

Filed under: Posts, Site Update Tagged: Advanced Payment Guarantee, Bank Guarantee, Construction Bonds, Construction Guarantees, Maintenance Bond, Payment Guarantee, Performance Bond, Retention Bond, Surety Bond

Advising Employers on Construction Schedules & Programmes

malconlaw — Sun, 12 Feb 2012 12:42:46 +0000

The root of many disputes in respect of delays and extensions of time result from over optimistic construction schedules demanded by Employers or proposed by Consultants advising Employers and subsequently encompassed in construction contracts. Some may also blame Contractors for accepting such time frames, however many either lack expertise in the specific project type or choose to take on the project seeing opportunity to obtain extensions to the construction period in the same way many see opportunities in contract documents and bills of quantities to under price selected work items on the basis of anticipated changes or re-measurement and subsequent correction. Either way it is a dangerous game and the Employer maybe the unwilling beneficiary of the inaccurate advise or commercial gamble taken by the Contractor.

This exposure can be greatly reduced by Employer being informed at the earliest possible stage of the anticipated and attainable schedule under which the project can be executed. In this article we discuss this subject matter and look at the factors which should be considered in proposing a time schedule for the construction of a project.

Advising Employers on Construction Schedules & Programmes

Filed under: Site Update Tagged: Construction Schedules, Contract programme

An Explanation of Privileged, Without Prejudice, and Without Prejudice Save As to Costs Documentation

malconlaw — Thu, 09 Feb 2012 07:34:39 +0000

A new article has been added today to the site it is entitled:

An Explanation of Privileged, Without Prejudice, and Without Prejudice Save As to Costs Documents

This article will provide a brief explanation of the meaning of ‘Privileged Documents’, ‘Without Prejudice Documents’ and ‘Without Prejudice As To Costs Documents, and will examine the effects that such documents have.

A) Privileged Documents

B) Without Prejudice Documents

C) Without Prejudice Save as for Costs Documents

Filed under: Site Update Tagged: Calderbank Offer, Legal Advice Privilege, Privileged, Professional Legal Privilege, Without Prejudice, Without Prejudice Save as for Costs

Contractors Head Office Overheads Entitlement for Delays

malconlaw — Wed, 08 Feb 2012 06:03:04 +0000

MALCONLAW as added four Articles on the subject of Contractors entitlement to Head Office Overheads and the three main formula adopted to calculate the entitlement as an alternative to the Contractor proving his actual Head Office Overheads where the courts allow.

The articles added are:

Remember entitlement would only exist where the Contractor can:

Establish delay was due to the Employers obligations or risks under the contract or common law.

The Delays resulted in Contractor suffering losses.

The Contractor was prevented from taking on new work as a result of the delay.

We hope you find the Articles useful.

MALCONLAW

Filed under: Posts, Site Update Tagged: Delay Claims, Delays, Eichleay Formula, Emden Formula, Head Office Overheads, Hudson's Formula

Construction Insurances Explained

malconlaw — Tue, 07 Feb 2012 06:15:17 +0000

MALCONLAW have added eleven articles to the site giving an overview and explanation of various Construction Insurances and their relevance to the Industry and the various parties involved in the construction process. The Articles added are:

Filed under: Site Update Tagged: Archaeological Discovery Insurance, Consequential Losses Insurance, Contractors All Risks Insurance, Contractors Plant Insurance, Environmental Insurance, Existing Building Insurance, Latent Defect Insurance, Professional Indemnity Insurance, Project Cargo Insurance, Public Liability Insurance

Malaysian Laws and Regulations in Respect of Construction and Related Activities

malconlaw — Mon, 06 Feb 2012 08:11:59 +0000

The MALCONLAW site has a large collection of Laws, Acts and Regulations applicable to the Construction Industry. A selection of these are shown below and are provided as a FREE resource to the site visitors.

Filed under: Malaysia Law, Site Update Tagged: Act, Law library, Malaysian Law, Regulation

Domestic (Malaysian) Judgments on Malaysian Construction and Contract Law

malconlaw — Fri, 03 Feb 2012 03:26:08 +0000

Malaysian Judgments

The following Domestic (Malaysian) Judgments are already included on our site. Please visit where you will get a brief overview of the judgment and its relevance together with being able to read the complete judgment. It’s FREE.

Filed under: Case Law, Malaysia Law, Site Update Tagged: Contract Law, Malaysian Common Law, Malaysian Court Cases, Malaysian Judgments