In MARA v Naguib Mohd Nor, the Malaysian Court of Appeal overturned the High Court and awarded MARA RM6.6 million under a profit guarantee in a share sale agreement. This article explains the decision and the practical lessons Malaysian SMEs should take when drafting profit guarantees, payment mechanisms, warranties and no-waiver clauses.
Construction contracts are far more than simple agreements between owners and contractors. They set out the scope of work, payment terms, timelines, technical specifications, and dispute resolution mechanisms that keep projects running smoothly. This article explores how construction contracts differ from ordinary contracts, the risks they manage, and the standard forms commonly used in Malaysia’s construction industry today.
FIDIC contracts are internationally recognised standard form agreements used in construction and engineering projects. Published by the Fédération Internationale Des Ingénieurs-Conseils, they provide a structured framework for allocating risk, defining responsibilities, and managing disputes. Widely used in large-scale and cross-border projects, FIDIC contracts offer a practical and balanced starting point for project delivery.
A commercial tenancy agreement contains key terms that can impact business operations. This guide highlights important clauses such as renewal rights, termination, maintenance, deposits, and renovations, helping tenants understand their obligations and avoid common pitfalls when leasing commercial property in Malaysia.
