20234414

30 November 2023

Lawyer

PETALING JAYA, SELANGOR

Assistant Manager (Dispute Resolution)

Key Duties and Responsibilities:

1. Partnering and working together with external lawyers and internal stakeholders on contentious matters where for example, discussions are carried out to analyse/strategize on how to best defend/commence a suit and obtaining external lawyer’s legal opinion pertaining to the suit and reviewing those legal opinions.
2. Partnering and working together with external lawyers and internal stakeholders in negotiating settlement terms with the opposing litigants in lieu of suits and preparation of mandates to the management for out of court settlement.
3. Perusing, revising the contents and giving out views on cause papers such as the Defence, Affidavits, witnesses statements for court hearings and correspondences.
4. Drafting defence in reply to the claims filed by purchasers/management corporation to the Housing / Strata Management Tribunals and conducting hearings/trial at the Tribunals.

Township Matters
1. Partnering and working together with internal stakeholders to resolve purchasers’ complaints where meetings, discussions are held with internal stakeholders, purchasers, purchasers’ external lawyers and documents are perused in this regard.
2. Drafting and/or revising letters in response to purchasers’ written complaints and/or to Joint Management Bodies (JMBs) /Residents’ Associations.
3. Attending site inspections at the relevant developments in the course of Tribunal claims/proceedings.

Hospitality matters and disputes
1. Attending to dispute and litigation matters in the hospitality business e.g. membership matters, debt recovery matters, operational contracts, etc.
2. Prepare and provide accurate and updated material litigation reports to Management / Finance / auditors on a timely basis.

Drafting/reviewing Consultancy Contracts and other Operational Contracts
1. Drafting, revising and perusing the terms of the contracts with service providers and other operational contracts.
2. Partnering and working together with external lawyers and internal stakeholders on drafting and revising clauses of the contracts.
3. Negotiating with counter parties on the terms and conditions of the contracts.
4. Perusing, revising the terms and conditions of the contracts and giving our views to internal stakeholders on clauses drafted/proposed by the counter parties/ their lawyers.
5. Advising internal stakeholders on issues pertaining to the contracts like termination and interpretation of the clauses therein.

Assist the SPA Team on SPA-related matters
1. Preparing the templates in the exercise to standardise the responses to be issued to purchasers following complaints such as on defects and defects liability period (DLP) etc; and
2. Preparing the letter(s)/agreements to acquire private lands from owners – land compensation agreements.










Executive (Dispute Resolution)

Key Duties and Responsibilities:

Litigation Management
1. Managing the pre-litigation matters by drafting the initial correspondence (before the appointment of external lawyers, when required) in reply to letters of demand issued by opposing solicitors /parties.
2. managing dispute resolution matters (including court proceedings, arbitration proceedings, adjudication proceedings (Construction Industry Payment & Adjudication Act 2012 and Tribunal proceedings, affecting/involving the Division;
3. providing updates on laws/ regulatory matters that may affect the Division;
4. Collaborating with external lawyers and internal stakeholders on litigation strategies.
5. Attending arbitration and court hearings until the delivery of decision where strategic advice is given to the affected business teams (if the decision is not in our favour) on whether to appeal or otherwise.

Advisory
1. advising on issues relating to defects and design issues and alleged non-compliance with the other terms & conditions in the SPA, advise and assist townships to reply to purchaser’s complaint letters on defects rectification and other customer complaints;
2. Providing full range of solutions-oriented legal services/support including co-ordinating, negotiating, documenting and advising on all the above to meet the commercial objectives of the Division, and advising on relevant legal requirements, where necessary.
3. Advising internal stakeholders on issues pertaining to the Housing Development Act and Strata Management Act and general contracts law.

Tribunal
1. Conducting researches and hearings at the Tribunal to resist the claims initiated by homebuyers.
2. guiding legal colleagues in the department by addressing any queries that they may have pertaining to dispute resolution matters and giving strategic advice/input on how best to defend the tribunal claims filed by homebuyers.

Complaints
1. Partnering with internal stakeholders to resolve purchasers’ complaints where meetings, discussions are held with internal stakeholders, purchasers, purchasers’ external lawyers, if any.
2. Advising on, drafting and/or revising letters in response to purchasers’ written complaints and/or to Joint Management Bodies (JMBs) or Management Corporations (MCs) /Residents’ Associations in relation to defect complaints.
3. Attending site visits at the relevant developments

Qualification:
Degree in law (LLB (Hons.) or its equivalent), CLP (or its equivalent); called to the Malaysian Bar.
Asst. Manager: PQE of 5 years and above
Executive: PQE of 2-3 years

Requirements:
- Litigation experience;
- Experience in real estate / property development;
- Proactive and “can-do” attitude with good people and
communication skills.
- intermediate to advanced knowledge of MS Office (Word, Excel,
PowerPoint and Outlook)
- Private practice experience preferred.

30 November 2023

Interested applicants are required to submit your resume via email to nur.syakeera.idora@simedarbyproperty.com

Please note that we will contact shortlisted candidates only.