THE COMPLETE CV OF

​Ar. David Yek Tak Wai ​(易德偉)

​B.Sc.HBP(Hons), B.Arch.(USM), P.Arch. APAM, AIPDM, ALAM, RIBA, FHKICAdj. FMIArb, MIFireE, C.BuildE, FCABE, CertAdjCIPAA, FCIArb.
Chartered Architect (特許建築師),
Independent Arbitrator & Adjudicator (獨立仲裁員和審判員),
Civil Commercial Mediator (​民用和商業調解員)
Claim Consultant (索賠顧問),
Fire Engineer and Expert Witness (消防工程師和專家證人),
Boutique Fengshui Consultant (地理/風水師).

Panel with RICS-DRS, THAC, AIAC, HKICAdj, IMI

​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. 
 
Architectural Practice
 
Prior to his venturing into the area of ADR in the construction law and payment disputes in construction related matters, he had been actively practising as a Professional Architect, registered with the Board of Architect Malaysia (LAM), in his own architectural practice, David Yek Architect (DYA) for more than 17 years. His portfolio includes private residential, high-end mass residential high-rises, international schools, mixed development commercial and various industrialised data centres and factories. He was admitted to the Royal Institute of British Architect RIBA as a Chartered Member. Being a member of LAM, he was also elected as a member of the Institute of Interior Design Malaysia (IPDM).
 
Involvement in PAM
 
He occasionally sits in the ADR and Practice committee for the Malaysia Institute of Architect (PAM). Since 2021, he has been elected an Ordinary Council Member of PAM for the 2021/22 term and appointed Co-Chairman for both ADR-Committee and PAM Form Review Committee.
 
Mediation
 
Having trained in both facilitative (via Malaysia Mediation Centre MMC) and evaluative mediation under the ACRE-model, he was admitted as a Royal Institution of Chartered Surveyors (RICS) Accredited Civil-Commercial Mediator, with recognition by International Mediation Institute (IMI), as Certified-Mediator. In the ADR committee he is now responsible in setting up the mediation panel for PAM, as another avenue for dispute resolution for the construction industry in Malaysia. In collaboration with the RICS, he has been instrumental in promoting Evaluative Mediation Course among the Architects in PAM. As a result of this outreach, he has delivered a talk via zoom platform, through CPD Unlimited, on the topic of introduction to mediation in the construction industry.
 
Adjudication
 
Ar. David was appointed as adjudicator under the Malaysian Construction Industry Payment and Adjudication Act 2012 (CIPAA) with the Asia International Arbitration Centre (AIAC). He thereon was admitted as a member of the Malaysian Institute of Arbitrators (MMIArb.). On the same note, he was made a Fellow of the HongKong Institute of Construction Adjudication (HKICAdj), ready to undertake adjudication under the SOPL(HK) regime. In the same capacity, he was admitted as an Adjudicator for HGCRA under UK-Adjudicators. Ar. David has since been empaneled by Thailand Arbitration Centre THAC as arbitrator.
 
Expert
 
Ar. David, in his capacity as an architect has also acted as expert, consultant and party representative in domestic arbitrations 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 put weight onto his resume as an expert especially on matter relating to fire risks, he was also admitted as the member of the International Fire Engineers (MIFireE). In conjunction with his involvement in PAM Council, Ar. David was admitted as a panel of Expert and Building Defects Forensic Inspector with the Architect Centre, a full subsidiary of PAM for building defects forensic work. In the same capacities he has undergone training with the Academy of Expert (AOE) UK, currently an AAOE.
 
Ar. David in his capacity as a professional well versed in the construction contract has since organised in-house training for Builders notably CIDB Class G7 Contractors on Building Contract Administration, Dispute Avoidance and Issues relating to the Building Codes. He also acted as Contract Advisor, Counsel and Party Representatives for matters related to Arbitration, Adjudication and Determination. On such capacity, he was elected as the Chartered Fellow, CBuildE, for the Chartered Association of Building Engineers (UK) FCABE.
 
Arbitration
 
In the arbitration front, Ar. David is in the progress of completing a LLM in Construction Law and International Arbitration from the Robert Gordon University, Aberdeen (RGU), currently in his final year. Along this route he was elected as Fellow of Chartered Institute of Arbitrator, FCIArb and as Fellow of Malaysian Institute of Arbitrators, FMIArb, joining rank with the panel of arbitrators, adjudicators, mediators and expert determiners in PAM and the AIAC. Ar. David is admitted as Arbitrator with the Thailand Arbitration Centre THAC.
 
Education
 
As his continue effort to contribute back to the society, Ar. David has been involved in the various 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 conference paper in architectural education in the PAM International Education Seminar 2018 (PIES 2018). A post conference publication monograph by the same name, co-editor by Prof Robert Powell was published and available nationwide.
 
Cultural Reference
 
While in practice, Ar. David has a lasting encounter with Chinese Metaphysics Practitioner in his early career, namely collaborating with the established Grandmaster Yap ChengHai. 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. 
 
In Summary
 
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. 

5. Certificate in Adjudication CIPAA 2012, Asian International Arbitration Centre AIAC, Kuala Lumpur 

6. Certificate of Completion of Adjudication Accreditation Training, HongKong Institute of Construction Adjudicators HKICAdj, Hong Kong SAR
 
7. Certificate of Facilitative Mediation Module 1 and 2, Malaysia Mediation Centre, Bar Council, Kuala Lumpur
 
8. Certificate in Evaluative Mediation Level 1 and 2, Royal Institution of Chartered Surveyors (RICS)
 
9. Candidate for LLM Construction Law and Arbitration (Robert Gordon University); Avd.Diploma(CLArb)
 
10. Chartered Institute of Arbitrator (CIArb.) Module 3: Award Writing in International 

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. Fellow and Accredited Adjudicator of the Hong Kong Institute of Construction Adjudicator HKICAdj Hong Kong SAR

​7. Fellow of the Malaysian Institute of Arbitrator FMIArb.

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

9. Chartered Fellow of the Chartered Association of Building Engineers (UK) C.BuildE, FCABE.

10. Certified and Accredited Adjudicator for CIPAA under the Asia International Arbitration Centre Kuala Lumpur

11. Royal Institution of Chartered Surveyors (RICS) Accredited Civil-Commercial Mediator
 
12. Level 1 Certified Thermographer with the Infraspection Institute of Infrared Thermographer USA
 
13. Fellow of the Chartered Institute of Arbitrators (FCIArb)

PROFESSIONAL COMMITTEES AND OTHER PROFESSIONAL ACTIVITIES 
1. Ordinary Council Member of the Malaysia Institute of Architect PAM for 2021-2022 term;
 
2. Co-chairman for PAM Dispute Resolution Committee ADR and Contract Review Committee;
 
3. Committee Member of the Malaysia Institute of Architect PAM Dispute Resolution Committee ADR;
 
4. 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. Invited Industry Professional Guest Critique for the B.Sc. (Arch) and M.Arch Programme in the School of Housing Building Planning, University Science Malaysia USM.
 
7. In-house training for Contractors, Sub Contractors and Builders for CIPAA Claims, Certifications, EOT and the various aspects of the Construction Laws
 
8. Private FengShui courses for QuanYuan FengShui, to train practitioner in entry level to application of FengShui principles in the Built Environment.

​9. Speaker for PAM CPD-Unlimited

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
​
  • 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.
​
  • 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. 

  • In an Arbitration based on the Arbitration Act 2005 and PAM Arbitration Rule 2019 between a Sub Contractor and the Main Contractor, acted as the Arbitrator’s Observer, for a dispute involving a project of 32 Storey Condominium in Johor Bahru with the Contract Sum of RM 176 mil. The Claimant Claimed for LD amounted to RM 24mil and Defect amounted to RM 15mil. Counterclaim of RM8.8mil and 4.4mil for retention sum.

  • In CIPAA 2012 Adjudication with Disputed Claim of RM 558,453.00 on issues of the validity of payment claim relate to 2 separate construction contract to be consolidated into one, delay in incomplete work of the Subcontract, omission of part of the work on Subcontract, determination of Final Account, Right to Refuse Payment and Entitlement for set-off. I took the role as the Adjudicator.

  • In CIPAA 2012 Adjudication with Disputed Claim of RM 366,132.00 on issues of default payment on VO claim due to set-off, LAD and back-charge involving direct payment to others, engagement of 3rd parties and liabilities due to negligence and theft. I presided over the case as an Adjudicator.

  • In CIPAA 2012 Adjudication with Disputed Claim of RM 156,000.00 on issues of default payment on unpaid professional fee and COW’s fee. I presided over the case as an Adjudicator.

  • In CIPAA 2012 Adjudication with Disputed Claim of RM 250,000.00 on issues of default payment on unpaid subcontract sum for M&E Works. I presided over the case as an Adjudicator.

  • In Ad-Hoc Mediation with Disputed Claim of RM50 mil on issues on Defects and Negligence between a Contractor with a Building Owner. I presided over the case as a Mediator.

  • In Ad-Hoc Mediation with Disputed Claim of RM20 mil on issues on Delay and Loss and Expanses between a Contractor with an Employer arising due to MCO. I presided over the case as a Mediator.

  • In Ad-Hoc Mediation on Family issues between Husband and Wife arising from the impact of Circuit Breaker (Singapore) to the Aviation Industry. I presided over the case as a Mediator.
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  • In Ad-Hoc Mediation with Disputed Claim of RM2 mil on issues on separation of a partner in an architectural practice. I presided over the case as a Mediator.