SYNOPSIS

Are ‘Liquidated and Ascertained Damages’ (“LAD”) and Liquidated Damages (“LD”) the same? Do LD and penalty exist in Malaysia construction contract? Must Employer prove what loss he had suffered before he can deduct LD? How do we interpret Selvakumar’s case with respect to S75 Contracts Act 1950? Can S75CA1950 be contracted out and how? How can the imposition of LD be challenged? What is the latest English judicial decision on LD?

These are amongst some of the questions begging answers in this evening talk.


BIODATA OF SPEAKER

Ir. Leon Weng Seng graduated with Bachelor degree in Civil Engineering in 1980 and went on to obtain an honours degree in law with the University of London and a postgraduate Diploma in Arbitration with the University of Reading.  He is a corporate member of The IEM and a registered professional engineer and is an advocate and solicitor of the High Court of Malaya (non-practising).

Ir. Leon is the principal of a civil and structural engineering consultancy firm.  He has vast experiences in the administration of construction contracts including giving advice on contractual, mediation, adjudication and arbitration matters.  His other areas of particular interest are forensic engineering and investigation of collapsed structures and slopes, and assessment of fire damaged structures.  He acts as expert witness in courts and arbitration.

Ir. Leon is also a CIDB accredited mediator, Fellow and a Chartered Arbitrator of The Chartered Institute of Arbitrators in London and an Adjudicator of KLRCA.  He is a committee member of the Subcommittee on Dispute Avoidance and Resolution Practice of the IEM and the past Chairman (2008–2010) of the Chartered Institute Arbitrators (CIArb) Malaysia Branch. He is sitting as arbitrator in various on-going arbitrations.