Calling Performance Bonds: How Developers Can Avoid & Overcome Injunctions

MWKA Online Talk: Calling Performance Bonds: How Developers Can Avoid and Overcome Injunctions

Wednesday, 15 April 2026 at 3:00pm - 4:00pm

★SPEAKER

Michael Koh, Partner, Dispute Resolution Practice Group

★ABOUT THIS ONLINE TALK

Performance bonds are a critical safeguard for developers in construction projects, providing a readily available financial remedy in the event of contractor default. In practice, however, calls on performance bonds are often met with urgent injunction applications by contractors seeking to restrain payment.

For developers, the key challenge is not just having the right to call on the bond, but doing so in a manner that withstands legal scrutiny and avoids costly delays.

This session is designed to equip developers and in-house counsel with practical, strategy-driven insights on exercising their rights effectively. We will examine how Malaysian courts approach injunction applications, and how developers can minimise risk while maintaining commercial control.

The talk will be delivered over video conference using Zoom.us. You can either view the talk from your web browser or download the Zoom app.

★TALK POINTS

• Understanding injunction risk when calling on performance bonds
• Legal tests (fraud & unconscionability)
• Case studies: When developers successfully resisted injunctions
• Case studies: Where developers were restrained – lessons learned

★SPEAKER

Michael Koh leads the Construction Law team at MahWengKwai & Associates, which advises and represents clients on construction contract drafting and negotiations, regulatory compliance, and construction litigation and arbitration.

Michael read law at the University of Leeds and is a member of the Honourable Society of the Middle Temple. He was called to the Bar in England in 2011, and to the Malaysian Bar in 2013.

With primary interest and experience in construction dispute resolution, Michael represents developers, contractors, consultants and proprietors in construction disputes involving:

• Payment and Performance Disputes
• Delay and Extension of Time Claims
• Defective Workmanship and Materials Issues
• Contract Claims and Termination
• Compliance and Regulatory Issues
• Construction Adjudication (CIPAA) and Arbitration Proceedings

Michael is a member of the Society of Construction Law, Malaysia and The Malaysian Institute Of Arbitrators.

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★RSVP at https://mahwengkwai.com/talks-signup/