Lee Kai Jun | Advocate & Solicitor | Partner | WKCO | Mediator

Lee Kai Jun

Advocate & Solicitor

Fellow of Chartered Institute of Arbitrators (FCIArb)

IMI Qualified Mediator | RICS Accredited Evaluative Mediator

+6 016 403 9678

kai@wkco.my

LinkedIn

Lee Kai Jun, is one of the founding partner of Messrs. Wayne Siang, Kai & Co.  

Kai’s principal area of legal practice is Construction, Engineering & Energy where he focuses on court litigation, arbitration and statutory adjudication under the Construction Industry Payment and Adjudication Act 2012 (CIPAA).

Further to his litigation and alternative dispute resolution practices, Kai also regularly handles corporate disputes, commercial disputes and professional negligence disputes. Kai is also an accredited evaluative mediator at the Royal Institution of Chartered Surveyors (RICS). 

Kai read law in the University of Leeds. Kai also holds a Professional Diploma in International Arbitration and AIAC Certification in Adjudication Course. 

Notable Experience

  • Defending a GLC Developer against the claims by the Main Contractor arising the construction of a corporate centre based on PAM Contract 1998 (With Quantities);
  • Representing a Developer against the Main Contractor for the claim of additional cost of completion for a mixed development based on PAM Contract 1998 (Without Quantities);
  • Defending Contractor from subcontractor’s variation order claims arising from the oil & gas refinery and petrochemical plant;
  • Representing an engineering firm against the Main Contractor to recover consultant fee arising from an abandoned project based on IEM Form of Contract;
  • Representing a subcontractor against the Main Contractor to recover the outstanding payment arising from the construction of an army headquarters complex based on PAM Contract 2006 (Without Quantities);
  • Represented a foreign company in the adjudication proceeding involving the construction of Water Treatment Plant and Odour Control System;
  • Represented a publicly listed company in an adjudication proceeding to recover outstanding payment from the federal governmental body involving the construction of public housing based on the Master En-Bloc Purchase Agreement;
  • Represented a GLC in defending CIPAA claim for variation order works arising from housing development based on JKR / PWD Form 203A Standard Form of Contract;
  • Represented the civil work subcontractor in a payment dispute against the Main Contractor arising from a large-scale-solar PV Plant project based on FIDIC Silver Book.
  • Represented a local contractor against a local listed company in the adjudication proceeding in a payment dispute arising from the EPCC Contract for power plants in Sabah;
  • Represented a local publicly listed renewable energy company to restrain a foreign company from the encashment of letter of credit arising from the EPCC of a smart waste-to-energy plant based on FIDIC Yellow Book;
  • Represented a local governmental body to successfully set aside an arbitration award worth RM130million arising from the termination of a joint venture agreement;
  • Represented a publicly listed company to restrain a foreign state enterprise from the calling of the performance bond and advance payment bank guarantee arising from the termination of the construction contract.
  • Representing an incorporated joint venture company to claim for damages and losses from a state-owned limited company arising from the unlawful termination of a development contract;
  • Defending the architect and architecture firm against professional negligence claims by its Employer arising from the purported wrongful granting of multiple extensions of time based on PAM Contract 2006 (Without Quantities);
  • Represented a developer against the liquidated ascertained damage claim brought by the end-purchasers;
  • Represented a piling contractor in the enforcement, setting aside and stay application of CIPAA Adjudication Decision arising from construction contract based on PAM Contract 2006 (Without Quantities) for the development of an affordable housing initiative by the state government;
  • Represented a road work subcontractor in a setting aside application of CIPAA Adjudication Decision;
  • Representing the subsidiaries of a publicly listed company against the unincorporated joint venture company in the enforcement, setting aside and stay application of CIPAA Adjudication Decision arising from the construction of Electrified Double Track project;
  • Representing a group of scheme creditors to oppose a Scheme of Arrangement and set aside the restraining orders obtained thereof. 
  • Advised a publicly listed company on the termination of an unincorporated joint venture company arising from a waste-to-energy plant project and subsequent settlement agreement arising thereof;
  • Advised a publicly renewable energy company on the settlement agreement with foreign waste-to-energy plant;
  • Advised a publicly listed company on the termination of the Supply, Erection, Testing and Commissioning Contract of the High Voltage Main Product Plug and Switch System for a solar photovoltaic energy generating facility;
  • Advised a local government entity relating to its tax status and its eligibility of income tax exemption

Qualification

  • Bachelor of Laws (LL.B) – University of Leeds
  • Certificate of Legal Practice 
  • Professional Diploma in International Arbitration (Merits)
  • AIAC Certificate in Adjudication (CIPAA)

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