​Ar. David Yek Tak Wai

​B.Sc.HBP(Hons), B.Arch.(USM), P.Arch. APAM, AIPDM, ALAM, RIBA, MHKICAdj. MMIArb.

​PRACTICE OVERVIEW
Ar. David’s secondary area of practice besides architecture and interior design is alternative dispute resolution (ADR) in construction law and payment in construction related matters. He sets up DYA+C to undertake drafting of the various building and engineering claims, advises on disputes arising from such contracts and potentially appear as arbitrator and adjudicator to resolve these disputes.

Prior to his venturing into the area of ADR in the construction law and payment disputes in construction related matters, he had been actively practicing as a Professional Architect, registered with the Board of Architect Malaysia (LAM), in his own architectural practice, David Yek Architect (DYA) for more than 10 years. His portfolio includes private residential, high-end mass residential high-rises, international schools, mixed development commercial and various industrialized data centers and factories. He occasionally sits in the ADR committee for the Malaysia Institute of Architect (PAM) and was also elected as a member of the Institute of Interior Design Malaysia (IPDM).

Ar. David has completed the Malaysian Construction Industry Payment and Adjudication Act 2012 (CIPAA) adjudicator with the Asia International Arbitration Centre (AIAC). Besides that he has since, sat for the PAM-CIArb Arbitration examination, organised by the PAM ADR committee that is a domestic arbitration regime governed by the PAM and the Malaysian Arbitration Act Amended 2018 that is modelled under the UNCITRAL rules.

Ar. David, in his capacity as an architect has also acted as expert witness, consultant and party representative in domestic arbitration and in the courts of law. While discharging his architectural role, he was accredited with the Building and Construction Authority of Singapore as a CONQUAS 21 assessor, where our domestic CIDB modelled it as their QLASSIC standards for construction. To add on to his resume as an Expert, he has qualified and admitted as a Fire Engineer of the Institution of Fire Engineers UK (MIFireE).

As his continue effort to contribute back to the society, Ar. David has been involved in the academia as guest lecturer cum critique for the various institution of higher learning domestically such as University Technology of Malaysia (UTM), University Tengku Abdul Rahman (UTAR), UCSI and Taylor’s University leading their design studios such as Dekon04 and Discourse in Studio Sem06. As a result of this experimentation, Ar. David delivered his maiden conference paper in architectural education in the PAM International Education Seminar 2018 (PIES 2018).

While in practice, Ar. David has a lasting encounter with Chinese Metaphysics Practitioner in his early career, namely collaborating with the established Grandmaster Yap Cheng Hai. As he succumbs to various inconsistent requirements of the FengShui practices, he opted to pick up the skill initially studying formally from the Academy of Chinese Metaphysics, led by JoeyYap to a level of achieving a Diploma to that effect. His thirst for the esoteric knowledge has brought him beyond such formal accolades that he seeks tutelage from other masters, such as the Thirteen Families beyond Singapore, HongKong and Taiwan. His interest has finally brought him to another level that enable him to practice professionally, as a founding partners of FengShui QuanYuan, an establishment of traditional FengShui practitioners which emphasized on results consistency and no nonsense policy.

With a diverse knowledge and experience in the Built Environment, as a Professional Architect cum Interior Designer, Arbitrator, Adjudicator, Mediator, Educator and a fellow practitioner of the esoteric arts of Chinese Metaphysics, he continues to investigate the successes and failures of buildings, urban and cultural references in his daily work while submerging himself in the intricacies of human relations in project management, dispute resolutions while delivering and carving the urban spaces.

ACADEMIC QUALIFICATION 
​1. B.Sc.HBP (Hons), School of Housing Building and Planning, University Science Malaysia USM.
 
2. B.Arch. (USM), School of Housing Building and Planning, University Science Malaysia USM.
 
3. B.AS. (NUS), partial credit from the Architectural School of the National University of Singapore NUS.
 
4. Diploma in FengShui, Mastery Academy of Chinese Metaphysics, Kuala Lumpur. 

PERSONAL QUALIFICATION 
1. Corporate Member and Associate of the Malaysia Institute of Architect PAM Kuala Lumpur
 
2. Professional Architect registered and Associate with the Board of Architect Malaysia LAM Kuala Lumpur
 
3. Corporate Member and Associate of the Malaysia Institute of Interior Designer IPDM Kuala Lumpur
 
4. Certified Assessor for CONQUAS 21 issued by the Building and Construction Authority of Singapore
 
5. International Chartered Member of the Royal Institute of British Architect RIBA UK
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6. Member of the Hong Kong Institute of Construction Adjudicator HKICAdj Hong Kong SAR

​7. Member of the Malaysian Institute of Arbitrator MIArb.

​8. Member of the Institution of Fire Engineers (UK) MIFireE.

PROFESSIONAL COMMITTEES AND OTHER PROFESSIONAL ACTIVITIES 
1. Committee Member of the Malaysia Institute of Architect PAM Dispute Resolution Committee ADR
 
2. Past Laurate of the ASEAN Student Fellowship from the Singapore International Foundation SIF 

TEACHING
1. Studio Master / Lecturer in Architectural Studies Studio Semester 06 Taylor’s University.
 
2. Part Time Lecturer for UCSI Architectural Studio for Semester 03 B.Arch.Study.
 
3. Paper Presenter for the Future of Architectural Education + Practice PAM International Architectural Education Conference PIES 2018.
 
4. Invited Lecturer for Studio Semester 06, B.Arch.Study, Critique in the Dept of Architecture, University Tengku Abdul Rahman UTAR.
 
5. Invited Industry Professional Guest Critique for the B.Sc. (Arch) and M.Arch Programme in the Dept of Architecture University Technology of Malaysia UTM.
 
6. In-house training for Contractors, Sub Contractors and Builders for CIPAA Claims, Certifications, EOT and the various aspects of the Construction Laws
 
7. Private FengShui courses for QuanYuan FengShui, to train practitioner in entry level to application of FengShui principles in the Built Environment. 

8. ​Invited Lecturer for Studio Semester 05, B.Arch.Study, Critique in the Dept of Architecture, University Tengku Abdul Rahman UTAR.

ADVISORY
  • Advisory Services for the Builder under the Built Operate Transfer (BOT) procurement scheme of a Data Centre for a GLC in Malaysia.
    • Acted as Construction Contract Advisor to a Japanese Builder with estimated construction cost or RM 300,000,000.00.
    • Points to note – Multitier contracts between Landowner, Developer, Service Provider, Project Management Companies, Consultants, Builders and Operator.

  • Advisory Services for the Sub-Contractor under the PAM Form 2006 procurement scheme of a Data Centre for a GLC in Cyberjaya.
    • Acted as Construction Contract Advisor to a Specialist Sub-Contractor with estimated construction cost of M&E only for RM 50,000,000.00.
    • Points to note – Intervene in the risk management by the Sub-Contractor after taking over from another “Sub-Contractor” who failed to deliver due to a contract award that has been priced below value. 

  • Advisory Services for an In-House Building Contractor, owned by a Public Listed Company for a delivery of a various mixed developments in the Klang Valley.
    • Acted as Construction Contract Advisor from inception to completion, dealing in interim, penultimate and final claims, EOTs and the various aspects of contract administration.
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  • Contract and Quality assurance cum Specification Compliance Advisory Services for a Third Party Shopping Centre Anchor Operator for a delivery of custom built Malls in Klebang and Taiping, Ipoh Perak.
    • The nature of the Triparty contract arrangement between the Developer of the Mall, Builder and the Operator. My role as the advisory for the Operator overlooking that the specification of the operator has been duly adhered to as in both QNQC and the Leasing Contract, Both estimated cost around RM200,000,000.00 each. 

DISPUTE RESOLUTION
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  • In an Ad-Hoc Arbitration between a Reputable Housing Developer and an International Sub-Structure Specialist for a Dispute arising from Non-Payment of Certified Claims, Contract Amounts and Delays. Representing the Developer in the capacity as counsel. Seat of Arbitration is in Malaysia based on the Arbitration Act 2005 and the PAM Arbitration Rule for a disputed amount exceeding RM 20,000,000.00. The Arbitrator awards in favour of the International Sub-Structure Specialist. 

  • In an Ad-Hoc Arbitration between a Reputable Housing Developer and a Building Main Contractor for a Dispute arising Claims for unpaid certified sums, variations, loss & expense for delay and recovery of liquidated damages in excess of RM 10,000,000.00, based on the Arbitration Act 2005 and the PAM Arbitration Rule. The Arbitrator awards in favour of the Building Main Contractor.

  • In a CIPAA Adjudication between an Architect and a Reputable Housing Developer for a Dispute arising from unpaid Fees in excess of RM 200,000.00, based on CIPAA 2012 and the AIAC Adjudication Rule. The Adjudicator’s decision in favour of the Architect. 

  • In a CIPAA Adjudication between a Contractor and a Sub-Contractor for a Dispute arising from unpaid certified sum in excess of RM 1,000,000.00, based on CIPAA 2012 and the AIAC Adjudication Rule. Main concerned raised by the Contractor is the non-payment by the employer and the pay when paid clause between the Main Contractor and the Sub-Contractor. The Adjudicator’s decision in favour of the SubContractor. 

  • In a LAM Adjudication between an Architect and the Board of Architect Malaysia for a Complaint arising from a third party housing purchaser with regards to the issuance of premature CCC and Borang F, for the Board to determine on the professional conduct of the said Architect. The Board found that the Architect is not liable and the issuance of CCC and Borang F had been tendered in an acceptable manner of which the Local Authorities in a written reply has confirmed that all documents and drawings submitted were in order and they have no objection for the released and acceptance of the said CCC and Borang F.
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  • In a LAM Adjudication between an Architect and the Board of Architect Malaysia for a Complaint arising from a third party housing purchaser with regards to the issuance of premature certification under the Housing Developer’s Act HDA, for the Board to determine on the professional conduct of the said Architect.