MWKA Lunch Talk: Understanding Performance Bonds



Performance bonds are commonplace in the Malaysian construction industry. Construction contracts often require a contractor to take out a performance bond, typically in the form of a bank guarantee which can be called upon by the employer to a specified maximum limit in the event of the contractor’s breach of the construction contract.

This talk examines the various interpretations of performance bonds and the requirements of a valid demand, with reference to Malaysian case law and examples of valid and invalid demands.

Talk Points

  • What are performance bonds?
  • Interpretation of performance bonds.
  • When and how to make a valid demand on a performance bond?
  • Examples of valid and invalid demands on performance bonds.
  • How to oppose an invalid demand.
  • Q&A.


Raymond Mah heads our dispute resolution practice group at MahWengKwai & Associates. His primary areas of practice are in civil and construction litigation, appeals and arbitration.

He is a certified adjudicator and has experience in a variety of construction related disputes, including:

  • Pursuing and responding to adjudication proceedings for payment claims.
  • Claim arising from unforeseen adverse physical conditions in the construction of a dam.
  • Disputes arising from plumbing works for a residential development project.
  • Disputes on design faults arising from the collapse of a basement car park.
  • Disputes arising from the electrical and telecommunications works for a resort development project.
  • Working closely with experts and witnesses, including civil and geotechnical engineering consultants.

Raymond chambered in Shook Lin & Bok under the guidance of Mr Steven Thiru and Dato’ Dr Cyrus Das. Thereafter, he gained invaluable experience from working closely with Dato' Mah Weng Kwai. He is currently the Managing Partner of MahWengKwai & Associates.

About MWKA Public Talks

Empowering our clients through education, knowledge and value has always been the cornerstone of MahWengKwai & Associates. As trusted business lawyers, our mission is to keep our clients updated and informed of the latest changes in the legal environment and a variety of management topics in order to help you better manage your company.

MWKA’s Public Series Lunch Talks are organised at least once a month over lunch to inculcate knowledge and awareness, promote deliberations and networking amongst our clients to explore new strategic partnerships.

These lunch talks are complimentary and are open for our clients, in-house legal counsel and interested members of the public* to attend.

*not including members of the Bar.

Tue Mar 15, 2016
12:30 PM - 2:30 PM MYT
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Complimentary FULL
Venue Address
Level 10-1, Tower B, Menara Prima, Jalan PJU 1/39, Dataran Prima, 47301 Petaling Jaya, Selangor Malaysia
MahWengKwai & Associates