John Wong
Committee Members
DIRECTOR Qualifications:
Degree in Quantity Surveying (BSc – Hons) Degree in Law (LLB – Hons)
Certificate in Adjudication – Asian International Arbitration Centre Diploma in International Arbitration
Memberships and Associations:
Fellow of the Chartered Institute of Arbitrator (FCIArb) Fellow of the Malaysian Society of Adjudicators (FMSAdj)
Registered Quantity Surveyor with the Board of Quantity Surveyors Malaysia (Reg. QS)
Member of the Royal Institution of Surveyors Malaysia (MRISM) Committee Member of the Society of Construction Law Malaysia
Geographical Experience:
Asia Pacific, Mexico, Algeria & Middle East
Home Office: Malaysia
Email: john.wong@charltonmartin.com
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Summary John is a Director of Charlton Martin Consultants Sdn Bhd. John holds dual qualifications in quantity surveying and law, is a Fellow of the Chartered Institute of Arbitrators, a Fellow of the Malaysian Society of Adjudicator, a Certified Adjudicator under Asian International Arbitration Centre (AIAC), a Registered Quantity Surveyor with the Board of Quantity Surveyors Malaysia and a Member of The Royal Institution of Surveyors Malaysia. John is a committee member of the Society of Construction Law Malaysia. John is a Panel Arbitrator and Adjudicator with AIAC. In year 1996, John begun his career in quantity surveying and since year 1999, John has specialised in construction contractual claims and dispute resolution. John’s all-round experience as a Quantity Surveyor, Claims Specialist, and Arbitration Counsel give him an added perspective in excelling in his present roles as an Adjudicator, Arbitrator and Expert Witness in CIPAA/arbitration/court proceedings. Since year 2007, John has been an articulate speaker at seminars on construction claims in Malaysia. Apart from Malaysia, John has experience in preparing claims for projects in Brunei, Singapore, Indonesia, Thailand, Philippines, Shanghai, Mexico, Algeria and the Middle East.
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Sector Experience (Details Available Upon Request) · Oil & Gas · Commercial and Residential · Utilities · Infrastructure · Power · Transportation |
| Employment | |
| 2013 – present |
Charlton Martin Consultants Sdn Bhd Director |
| 2007 – 2013 |
Charlton Martin Consultants Sdn Bhd Associate Director |
| 2007 |
James R Knowles (Malaysia) Sdn Bhd Associate Director |
| 2006 – 2007 |
James R Knowles (Malaysia) Sdn Bhd Senior Consultant |
| 1999 – 2005 |
James R Knowles (Malaysia) Sdn Bhd Consultant |
| 1996 – 1999 |
David Langdon & Seah Malaysia Project Executive |
| Arbitration Experience | |
| As Expert Witness | |
| Quantum/Delay | |
| * Testified in court/arbitration proceedings | |
| Year | 2007 |
| Project | Construction of 1 block apartments, Kuala Lumpur |
| Client | Developer |
| Other Party | Contractor |
| Role | Quantum Expert Witness* |
| Arb. Rules | PAM Arbitration Rules |
| Dispute Amount | RM5m |
| Dispute | Wrongful Termination |
| Year | 2012 |
| Project |
Construction and Completion of Courtyard Terraces and Apartments and Swimming Pool, Kuala Lumpur |
| Client | Developer |
| Other Party | Contractor |
| Role | Delay and Quantum Expert Witness |
| Dispute Amount | RM3m |
| Dispute | Delay (EOT) and Liquidated Damages (LADs) |
| Year | 2012 |
| Project | Proposed Construction and Completion of 58 units Bungalow, Mukim Damansara Selangor |
| Client | Developer |
| Other Party | Contractor |
| Role | Delay and Quantum Expert Witness* |
| Arb. Rules | Court Proceeding |
| Dispute Amount | RM16m |
| Dispute | Wrongful Termination, Delay (EOT), Defect, Rectification, Loss & Expense and Liquidated Damages (LADs) |
| Arbitration Experience (Cont’d) | |
| As Expert Witness (Cont’d) | |
| Quantum/Delay | |
| * Testified in court/arbitration proceedings | |
| Year | 2015 |
| Project | Construction and Completion of a bungalow in Shah Alam Selangor |
| Client | Respondent Employer (Malaysian) |
| Other Party | Claimant Purchaser (Malaysian) |
| Role | Quantum Expert Witness* |
| Dispute Amount | RM1.5m |
| Dispute | Defect Rectification Costs |
| Year | 2015 |
| Project |
Construction and Completion of a “loji sterelisasi” factory at Bandar Baru Salak Tinggi |
| Client | Respondent Employer (Malaysian) |
| Other Party | Claimant Contractor (Malaysian) |
| Role | Quantum Expert Witness |
| Arb. Rules | Court Proceeding |
| Dispute Amount | RM 6m |
| Dispute | Variation, Defects, LAD and Final Account |
| Year | 2015 |
| Project | EPCC of an oil tank terminal at Tanjung Langsat Port, Johor |
| Client | Claimant Employer (Malaysian) |
| Other Party | Respondent Contractor (Malaysian) |
| Role | Quantum Expert Witness |
| Arb. Rules | Arbitration Act 2005 |
| Dispute Amount | RM 1.09 billion and USD 140m |
| Dispute | Defects and Consequential Loss of Profit |
| Year | 2016 |
| Project | Proposed Design and Construction of 2 blocks Office Towers comprising of Basement and Lower Ground Carparks, Putrajaya |
| Client | Contractor |
| Other Party | Developer |
| Role | Delay and Quantum Expert Witness* |
| Arb. Rules | Arbitration Act 2005 |
| Dispute Amount | RM1.5M |
| Dispute | Delay (EOT), Delay Damages and Loss and Expense |
| Year | 2015 |
| Project | EPCC of Fertilizer Plant, Bontang, Indonesia |
| Client | Claimant Contractor (Japanese) |
| Other Party | Respondent Owner (Indonesian) |
| Role | Delay and Quantum Expert Witness |
| Arb. Rules | BANI Arbitration |
| Dispute Amount | USD 10m |
| Dispute | Delay, Loss and Expense and Acceleration Costs |
| Arbitration Experience (Cont’d) | |
| As Expert Witness (Cont’d) | |
| Quantum/Delay | |
| * Testified in court/arbitration proceedings | |
| Year | 2016 |
| Project | Construction and Completion of 3 blocks of 10 storey apartments with club house facilities, Bukit Tunku, Kuala Lumpur. |
| Client | Claimant Contractor (Malaysian) |
| Other Party | Respondent Owner (Malaysian) |
| Role | Delay Expert Witness* |
| Arb. Rules | PAM Arbitration Rules |
| Dispute Amount | RM5m |
| Dispute | Delay (EOT) |
| Year | 2017 |
| Project | Pinetree Marina Resort mixed development, Nusajaya Johor Bahru Project |
| Client | Claimant Contractor (Malaysian) |
| Other Party | Respondent Owner (Malaysian) |
| Role | Delay and Quantum Expert Witness |
| Arb. Rules | PAM Arbitration Rules |
| Dispute Amount | RM132m |
| Dispute | Variations, EOTs, LADs, Loss & Expense, Wrongful Termination, Value of Work Done |
| Year | 2017 |
| Project | 51 units Double Storey Shop Offices, Nusajaya Johor Bahru Project |
| Client | Claimant Owner (Malaysian) |
| Other Party | Respondent Piling Contractor (Malaysian) |
| Role | Quantum Expert Witness |
| Arb. Rules | Arbitration Act 2005 |
| Dispute Amount | RM100,000 |
| Dispute | LADs |
| Year | 2017 |
| Project | Pedestrian Bridge, Jalan Bangsar, Kuala Lumpur |
| Client | Claimant Owner (Malaysian) |
| Other Party | Respondent Contractor (Malaysian) |
| Role | Delay and Quantum Expert Witness |
| Dispute Amount | RM1m |
| Dispute | EOTs, LADs, Loss & Expense |
| Year | 2017 |
| Project | Airport Academy, Sepang |
| Client | Respondent Owner (Malaysian) |
| Other Party | Claimant Contractor (Malaysian) |
| Role | Quantum Expert Witness |
| Dispute Amount | RM9.2m |
| Dispute | Valuation of Work done |
| Year | 2017 |
| Project | 132 units of 3 and 4 storey shop offices, Bandar Nusajaya, Johor |
| Client | Claimant Contractor (Malaysian) |
| Other Party | Respondent Owner (Malaysian) |
| Role | Delay Expert Witness |
| Dispute Amount | RM9.2m |
| Dispute | EOTs, LADs |
| Arbitration Experience (Cont’d) | |
| As Expert Witness (Cont’d) | |
| Quantum/Delay | |
| * Testified in court/arbitration proceedings | |
| Year | 2018 |
| Project | 32 storey commercial building with 2 blocks of 25 storey service apartments, Jalan Inderaputra, Johor Bahru, Johor |
| Client | Claimant Contractor (Chinese) |
| Other Party | Respondent Owner (Malaysian) |
| Role | Delay Expert Witness |
| Dispute Amount | RM24m |
| Dispute | EOTs, LADs |
| Year | 2018 |
| Project |
Proposed 132 kV Double Circuit Underground Cable from PMU Bayan Lepas to PMU Sg. Ara |
| Client | Respondent Owner (Malaysian) |
| Other Party | Claimant Contractor (Malaysian) |
| Role | Delay and Quantum Expert Witness |
| Dispute Amount | RM13m |
| Dispute | Variations, EOTs, LADs, Loss & Expense |
| Year | 2018 |
| Project | Proposed 50 units of 3 storey Semi-Detached Houses, 10 units of 2 storey Semi- Detached Houses and Associated Works at Precinct 8, Putrajaya |
| Client | Claimant Contractor (Malaysian) |
| Other Party | Respondent Owner (Malaysian) |
| Role | Delay and Quantum Expert Witness* |
| Dispute Amount | RM21.5m |
| Dispute | LADs, Termination Damages, Final Account, Loss & Expense |
| Year | 2019 |
| Project | Supply and Installation of Stone And Tile Sub-Contract Package 2 (Commercial) for Office Component Only, Singapore |
| Client | Claimant Sub-Contractor (Singaporean) |
| Other Party | Respondent Contractor (South Korean) |
| Role | Delay Expert Witness* |
| Dispute Amount | S$24m |
| Dispute | LADs & EOT |
| Year | 2019 |
| Project | Supply of scaffolding materials for several oil & gas projects in Trengganu and Labuan |
| Client | Plaintiff Contractor (Malaysian) |
| Other Party | Defendant Supplier (Malaysian) |
| Role | Quantum Expert Witness* |
| Dispute Amount | RM2.7m |
| Dispute | Loss and damage of scaffolding materials |
| Arbitration Experience (Cont’d) | |
| As Counsel | |
| Year | 1999 |
| Project | Sewerage Pipe laying for a township |
| Client | Claimant Contractor (Malaysian) |
| Other Party | Employer (Local Authority) |
| Role | Junior Counsel |
| Arb. Rules | Malaysian Arbitration Act 1952 |
| Dispute Amount | RM7m |
| Dispute | Variations; EOTs; LADs; Loss & Expense |
| Year | 2000 |
| Project | Road and Drainage Works |
| Client | Claimant Contractor (Malaysian) |
| Other Party | Employer (Malaysian) |
| Role | Junior Counsel |
| Arb. Rules | Institution of Engineers Malaysia Rules for Arbitration (IEM Rules) |
| Dispute Amount | RM1m |
| Dispute | Loss & Expense, E.O.T., Variation, under-certification |
| Year | 2000 |
| Project | Factory |
| Client | Respondent Employer (German) |
| Other Party | Contractor (Malaysian) |
| Role | Junior Counsel |
| Arb. Rules | Kuala Lumpur Regional Centre for Arbitration Rules |
| Dispute Amount | RM12m |
| Dispute | Payment; Variations; EOTs; LADs; wrongful termination; Loss & Expense |
| Year | 2001 |
| Project | Sale and Purchase of a commercial development |
| Client | Claimant Purchaser (Malaysian) |
| Other Party | Vendor (Malaysian) |
| Role | Junior Counsel |
| Arb. Rules | Kuala Lumpur Regional Centre for Arbitration Rules |
| Dispute Amount | RM12.5m |
| Dispute | Termination; damages arising from wrongful termination; LADs |
| Year | 2006 |
| Project | Hotel Project |
| Client | Respondent Contractor (Malaysian) |
| Other Party | Sub-Contractor (Malaysian) |
| Role | Junior Counsel |
| Arb. Rules | Malaysian Arbitration Act 1952 |
| Dispute Amount | RM0.7m |
| Dispute | Variations, under-certification |
| Arbitration Experience (Cont’d) | |
| As Counsel (Cont’d) | |
| Year | 2007 |
| Project | Piling and Sub-structure Works |
| Client | Claimant Contractor (German) |
| Other Party | Employer (Malaysian) |
| Role | Co-Counsel |
| Arb. Rules / Lex Arbitri | PAM Arbitration Rules / Malaysian Arbitration Act 2005 |
| Dispute Amount | RM2m |
| Dispute | Payment; Variations; EOT; LAD; Loss & Expense |
| Year | 2009 |
| Project | Fabrication Yard for Oil and Gas Equipment |
| Client | Claimant Contractor (Malaysian) |
| Other Party | Employer (American) |
| Role | Co-Counsel |
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Arb. Rules / Lex Arbitri |
-/ UNCITRAL Arbitration Rules |
| Dispute Amount | RM191m |
| Dispute | Variations |
| Year | 2010 |
| Project | Piling Works |
| Client | Claimant Contractor (German) |
| Other Party | Employer (Singaporean) |
| Role | Co-Counsel |
| Arb. Rules / Lex Arbitri | PAM Arbitration Rules / Malaysian Arbitration Act 2005 |
| Dispute Amount | RM0.5m |
| Dispute | Payment; Alleged Defects in Contractor’s Design |
| Year | 2010 |
| Project | Building Works |
| Client | Claimant Contractor (Malaysian) |
| Other Party | Employer (Malaysian) |
| Role | Co-Counsel |
| Arb. Rules / Lex Arbitri | – / Malaysian Arbitration Act 2005 |
| Dispute Amount | RM10m |
| Dispute | Alleged Termination, EOT, LAD; Loss & Expense (L&E) and payment issues |
| Year | 2010 |
| Project | Piling Works |
| Client | Claimant Contractor (German) |
| Other Party | Employer (Malaysian) |
| Role | Co-Counsel |
| Arb. Rules | Malaysian Arbitration Act 2005 |
| Dispute Amount | RM3m |
| Dispute | Payment; Variations; Liquidated and Ascertained Damages (LAD) and Extension of Time (EOT) |
| Arbitration Experience (Cont’d) | |
| As Claims Advisor to Counsel | |
| Year | 2007 |
| Project | Hospital Project |
| Client | Respondent Employer (Malaysian) |
| Other Party | Contractor (Malaysian) |
| Role | Advisor to Counsel |
| Arb. Rules | Malaysian Arbitration Act 1952 |
| Dispute Amount | RM14m |
| Dispute | Payment; Variations; Damages |
| Year | 2009 |
| Project | Palm Oil Mill |
| Client | Claimant Contractor |
| Other Party | Respondent Employer |
| Role | Advisor to Counsel |
| Arb. Rules | Arbitration Act 2005 |
| Dispute Amount | RM5m |
| Dispute | Payment; variations |
| As Arbitrator | |
| Year | 2016 |
| Project | Supply and Installation of Prefabricated Vertical Drains, Port Klang |
| Claimant | Sub-Contractor (Dutch) |
| Respondent | Main Contractor (Malaysian) |
| Arb. Rules / Lex Arbitri | -/ Malaysian Arbitration Act 2005 |
| Dispute Amount | RM2,042,732.35 |
| Dispute | non-payment of the retention sum |
| Year | 2019 |
| Project | Bangunan Medan Selera Pandan Indah, Mukim Ampang |
| Claimant | Contractor (Malaysian) |
| Respondent | Employer local authority (Malaysian) |
| Arb. Rules / Lex Arbitri | AIAC Arbitration Rules/ Malaysian Arbitration Act 2005 |
| Dispute Amount | RM2m |
| Dispute | Termination and damages therefrom |
| Adjudication Experience | |
| As Adjudicator | |
| Year | 2015 – 2016 |
| Project | Preliminary and Feasibility Study Design Service rendered to obtain approval for a development in Johor |
| Claimant | Architect |
| Respondent | Developer |
| Dispute Amount | RM130,000.00 |
| Dispute | Claim for work done |
| Adjudication Experience (Cont’d) | |
| As Adjudicator | |
| Year | 2017 |
| Project | Main Building Works for a Housing Project, Mukim Cheras, Daerah Hulu Langat, Selangor |
| Claimant | Contractor |
| Respondent | Developer |
| Dispute Amount | RM2.4 Million |
| Dispute | Claim for work done |
| Year | 2017 |
| Project | Extension to 11 storey Wholesale Business Centre, Mukim Klang, Selangor |
| Claimant | Sub-Contractor |
| Respondent | Contractor |
| Dispute Amount | RM0.23 Million |
| Dispute | Claim for work done |
| Year | 2018 |
| Project | Engineering consultancy services for Service Apartment-39 tingkat, Seksyen 41, Mukim Bandar Kuala Lumpur |
| Claimant | Civil Engineer |
| Respondent | Developer |
| Dispute Amount | RM0.22 Million |
| Dispute | Claim for work done |
| Year | 2019 |
| Project | Proposed butterfly farm and 1 block of administration building cum 2 storey exhibition centre, Pulau Pinang |
| Claimant | Contractor |
| Respondent | Project Owner |
| Dispute Amount | RM2 Million |
| Dispute | Claim for work done, counter-claim for defective works |
| Year | 2019 |
| Project | Proposed sugar processing facility, Johor Bahru |
| Claimant | Sub-Contractor |
| Respondent | Contractor |
| Dispute Amount | RM1.2 Million |
| Dispute | Claim for work done |
| Year | 2019 |
| Project | Proposed 4 blocks of service apartment with podium and basement car parks – installation of aluminium system formwork, Seri Kembangan, Selangor |
| Claimant | Contractor |
| Respondent | Project Owner |
| Dispute Amount | RM1.2 Million |
| Dispute | Claim for work done, counter-claim for damages from repudiation |
| Adjudication Experience (Cont’d) | |
| As Party Representative in Adjudication | |
| Year | 2015 |
| Project | Construction of 1 ½ storey Rubber Glove Factory, Bandar Baru Salak Tinggi |
| Client | Respondent |
| Dispute Amount | RM5,241,731.02 |
| Dispute | Final Account claim for work done |
| Year | 2017 |
| Project | Supply, fabrication and installation of interior Fit-Out Works for 2 Blocks of Apartment (121 unit) at Bukit Damansara, Kuala Lumpur |
| Client | Claimant |
| Dispute Amount | RM888,545.56 |
| Seminar Speaker / Trainer | |
| CIPAA – Now Everyone Can Get Paid | |
| Contract Administration in A Day | |
| 10 Important Questions Relating to Construction Claims Preparation | |
| 50 Classic Contractual Problems! | |
| 50 Common Contractual Problems! | |
| 50 Malaysian Questions Answered! | |
| 50 of Your Contractual Problems Answered! | |
| 52 Contractual Issues Relevant to Malaysia and Their Resolutions | |
| 100 Contractual Problems and Their Solutions | |
| An Evening of Problem Solving on EOT and Loss & Expense Claims | |
| Bullet-Proof EOTs | |
| Complete Contract Administration | |
| Contract Administration In A Day | |
| Contract Administration for Employers and Their Consultants | |
| Contract Administration for Contractors | |
| Contract Administration under PAM 2006 Form of Contract | |
| Contract Administration under PWD 203A Form of Contract (Revision 2010) | |
| Construction Contracts – Essential Knowledge | |
| Contractual Language in the Construction Industry | |
| Design & Build Contracting | |
|
Extension of Time Claims with Workshop Getting It Right With CIPAA |
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| Hands on EOT and Loss and Expense Claims with Workshop | |
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How to Avoid Costly Claims and Disputes – a paper presented at the Royal Institution of Surveyors Malaysia Conference on 23 June 2011 |
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| Seminar Speaker / Trainer (Cont’d) |
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Loss & Expense Claims with Workshop Mastering Extension of Time Claims Mastering Loss & Expense Claims Mastering Extension of Time and Additional Cost Claims with Workshop |
| Now Everyone Can Get Paid! CIPAA 2012 |
| PAM 2006 – A User’s Manual |
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PAM 2006 – A Clause By Clause Guide PAM 2018 – A Practical Guide |
| PWD 203A Form of Contract (Revision 2007) – A User’s Manual |
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PWD Design & Build (Revision 2007) – A User’s Manual Procurement |
| Safeguarding Profit Through Better Contract Management |
| Securing Extensions of Time |
| Successful Loss & Expense Claims |
| Suspension & Termination in Construction Contracts |
| The FIDIC Conditions of Contract for Construction (All Key Areas Explained) |
| Understanding Time under Construction Contracts with Workshop |
| Variation Claims with Workshop |
| Winning At CIPAA |
| Published Material |
| Adjudication Decision: Mission Impossible? |
| Technical Criteria of An Adjudicator |
| How Avoid to Costly Claims and Disputes |
| Standard Forms of Contract |
| Caution Called for Letter of Award/Acceptance via Email/Letter |
| Construction Dispute Resolution: Litigation or Arbitration? |
| Inherent Problems in Design and Build and their Solutions |
| Is the CIDB Standard Form of Contract Poised to Dominate the Construction Industry? |
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Extension of Time Entitlement in Construction Contracts: Can the Employer Impose Liquidated Damages when the Contractor Fails to Comply with Notice Provisions as a Condition Precedent to Extension of Time? |
| To Terminate or Not To Terminate? That is the Question |
| Novation Demystified |
| Challenges for the Quantity Surveying Profession in the Light of New Developments |