New Malaysian Latent Damages Regime: Uncertainty out of Clarity?

On 1 September 2019, the Malaysian Limitation (Amendment) Act 2018 (“Act“) came into force, introducing, for the first time, a statutory limitation period regime for latent damages claims[1] – currently only applicable to negligence actions that do not involve personal injuries.[2] With the new Section 6A, the limitation period for non-personal injury negligence claims is … Read more

Construction Case Law Digest 2018/2019

Over the last 12 months, there have been a number of notable cases with significant implications for construction law and practice. As well as several adjudication cases, such as the widely discussed Grove Developments, which untangled the conflicting authorities around true value adjudications, there were a number of cases that considered fundamental issues of contract … Read more

Design liability under the NEC form of contract

In SSE Generation Limited v Hochtief Solutions AG and another decided on 21st December 2016, the Court of Session in Scotland considered a contractor’s potential design liability under the NEC Form of Contract. It concluded that the contractor was not obliged to guarantee the performance of the works where Option M (X15) was adopted so … Read more