Construction, Engineering and Infrastructure Disputes

Overview

We provide comprehensive advice and support to large project owners, contractors, subcontractors and project consultants on complex construction and infrastructure contract disputes in both the domestic and international space.

Strength & Depth

We have also recently expanded our services to include dispute resolution capabilities in the energy, infrastructure, and construction sectors. Our disputes team works in close coordination with our transactional and regulatory colleagues, allowing us to bring both technical sector knowledge and strategic litigation insight to bear on contentious matters. Our disputes team is experienced in handling high-stakes and high-value disputes whether before the Malaysian courts or through alternative dispute resolution mechanisms such as arbitration, mediation, adjudication, or expert determination.

Our Approach

Our approach is to provide practical and meaningful advice to achieve the best possible outcome given the circumstances in each case with start-to-end advise from dispute avoidance, pre-dispute advise and strategy, dispute representation and post-dispute advice.

Our bench has expertise in all forms of dispute resolution including early-stage litigation and mediation, arbitration and litigation, construction adjudication and representation under the dispute board or expert determination procedure.

Our Market Recognition

Rankings

  • Chambers Asia-Pacific – Individual Ranked Band 3 for Construction, 2024 and 2025

Our Experience

Our lawyers have been involved in a wide range of disputes which include:

  • Dispute pertaining to the cause of structural damage to building superstructure and whether the damage was due to settlement of the building foundation.
  • Dispute over parties’ competing rights in respect of a chilled water supply system of a multi storey building in Kuala Lumpur and resulting claims for breach of chilled water supply.
  • Dispute arising from a contract for design, fabrication, erection and completion of an observation tower involving claims relating to work done and material quality.
  • Dispute relating to damage caused to sub-sea cable in the course of work under a topside major maintenance contract.
  • Dispute relating to payment for work under multiple contact bills involving interpretation of pay-in-kind payment terms and documentation in the context of the construction contract, variation orders, loss and expense, loss of profit and counterclaims for delay and quality of completed work in respect of a residential condominium project.
  • Dispute relating to a contract for a mixed development project comprising office blocks, commercial centre and residential condominium involving claims for payment for work, interpretation of payment terms and documentation in the context of the construction contract, variation orders counterclaims for delay and quality of completed work.
  • Dispute relating to claims for payment for interior design and renovation work quality, supply and installation of fit-outs at a medical clinic.
  • Dispute relating to construction of a large condominium project in Malaysia including disputes pertaining to payment for certified and uncertified completed work, set-off for back charges and advance payments and related payment under a separate funding agreement.
  • Dispute relating to upgrading works of landfill facilities for the disposal of solid waste.
  • Dispute arising from a contract for the construction of a high-end residential project in Kuala Lumpur involving multiple law firms representing both parties with particular focus on the defence relating to the main contractor’s claim for payment for work done under the contract.
  • Dispute in respect of a contract for the design and refurbishment of a multi-storey hotel in Kuala Lumpur involving claims for work done, extension of time, prolongation loss and expense, termination of the contract, defect damages and liquidated damages.
  • Dispute arising from a contract for the establishment of a double circuit power transmission line in Malaysia involving claims for payment for main scope and additional work, release of retained payment, claims for extension of time, delay loss and expense, liquidated damages.
  • Dispute arising from a contract for the refurbishment of a multi-storey block of a private hospital in Kuala Lumpur involving claims for payment for main scope and additional work, multi-fold applications for extension of time, clashes between architectural and engineering designs, claims for loss and expense.
  • Dispute relating to the termination of a contract for the design, construction, testing and commissioning monorail trains in a project in Kuala Lumpur.
  • Dispute arising from a contract for the design, installation of electrical systems for monorail train projects in Kuala Lumpur and Mumbai.
  • Dispute in respect of a coal supply agreement involving claims damages pertaining to the delivery and quality of the supply of coal.
  • Dispute arising from a contract for the design, supply and installation of a CBD wide, closed-circuit camera system.
  • Dispute arising from an EPC contract for the installation and commissioning of an export gas compressor on an offshore platform.
  • Dispute arising from a Topside Major Maintenance contract involving claims for payment for completed work, termination of the contract and for loss of profit arising from early termination of the contract.
  • Dispute arising from the construction of a Lecture Theatre and a Sports Complex for a private college (now university college) in Kuala Lumpur involving claims for payment for completed work, claims for extensions of time and delay damages.
  • Represented the subcontractor in a dispute arising a contract for pipe insulation work during the construction and revamp of a large ammonia plant in Malaysia.

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