Projects & Infrastructure

Legal solutions for construction projects. From drafting construction contracts to litigating construction claims.

Support is offered across all phases of the construction project. From initial structuring to contract finalisation and regulatory compliance. Emphasis is placed on risk allocation, milestone clarity and statutory alignment.

Public-private partnerships, engineering contracts and large-scale developments have been advised on, with particular focus given to power, utilities, transport and urban expansion initiatives. Regulatory approvals and land-related issues are also routinely navigated to ensure timely execution.

By ensuring that legal frameworks are tightly integrated with project timelines and stakeholder obligations, confidence is delivered at every stage of implementation.

Our team also offers construction dispute resolution services, thereby ensuring legal support from the front to the back end of any construction projects.

Capabilities

  • Represented a subsidiary of a public listed sustainable environmental and energy solution company as the borrower in its proposed financing of up to RM580 million in relation to the development and construction of a 100MW electricity generating facility in Sabah, Malaysia. We act as the borrower’s solicitors in finalising the principal terms and conditions for the financing, the facility documents as well as security documents for the financing to ensure all our Client’s rights are protected.
  • Represented a subsidiary to a statutory body and development agency for the state of Selangor, Malaysia to acquire the development rights of a land comprising of approximately 40 acres of land with the deal valued at RM100 million. We were engaged by our Client to conduct due diligence and pre-transaction review of the project in identifying legal and regulatory approval in relation to the project and to further provide a due diligence report comprising of issues identified during the due diligence process. Additionally, we assisted our Client in reviewing the existing legal documents between the proprietor and the state government in ensuring all of our Client’s rights are protected which include but not limited to the existing power of attorney, privatisation agreement, development rights agreement as well as application to state authorities. We had also advised our Client during the meeting on arising issues including but not limited to the inspection of permits, license and development approvals. Other than that, we were also involved in the drafting, reviewing, finalising the sale and purchase agreement comprising of all the conditions attached catered to our Client’s needs. Post execution, we assisted our Client with the monitoring of the completion of the conditions of the sale and purchase transaction.
  • Represented and acted for the Client for the construction, engineering and commissioning of Large-Scale Solar 2 (LSS2) of 30MW at Bukit Selambau, State of Kedah, Malaysia. We are tasked with the drafting, review and finalising the EPCC contract between our Client and the employer to ensure our Client understood the responsibility, liabilities and completion date is adhered to by our Client as the EPCC Contractor.
  • Represented the Client in overseeing the legal documentation on the engineering, procurement, construction and commissioning of 50MW which located in Bidor, State of Perak in Malaysia which sits on 181 acres of leased land. In this deal, we are tasked with the legal review of the power purchase agreement between the Client and Tenaga Nasional Berhad, the largest electricity utility provider in Malaysia and leading utility company in Asia as well as advising Client in relation to the essence of time in such transaction. Additionally, we are also tasked with the drafting and finalising the EPCC Contract.
  • Represented the Client as the owner in the negotiations with its EPCC contractor for the construction and commissioning of a hydrogen production plant located in Kerteh, Terengganu worth JPY 26billion yen. The construction of this production plant is a joint-venture between a Japanese company and a local well-known energy company.
  • Represented the Employer/Developer in the drafting and negotiation of an EPCC contract for the construction of a 24MW waste-to-energy plant in Selangor. This included review of relevant documents during the tender process. The EPCC contract value was RM500million.
  • Assisted the Client in the preparation of a bespoke template EPCC contract for a solar photovoltaic energy generating facility, ensuring that the contract adhered to industry standards while aligning with the Client’s operational and commercial requirements. This bespoke template EPCC aims to save the Client time and costs in the future when negotiating EPCC contracts.
  • Acted for the Main Contractor in the drafting and negotiation of a Design & Build contract for the construction of an Automated People Mover (APM) worth RM743million located in one of the airports in Malaysia. Our role focused on ensuring the contract clearly outlined the main contractor’s responsibilities and protected their interests throughout the project lifecycle.
  • Acted for the contractor in the drafting and negotiation of the Engineering, Procurement, Construction, and Commissioning (EPCC) contract for a 15MWAC solar photovoltaic power plant in Sabah, Malaysia, valued at approximately RM59.98 million. Our role focused on ensuring the
    contract clearly outlined the contractor’s responsibilities and protected their interests throughout the project lifecycle.
  • Acted for the Employer/Developer in the drafting and negotiation of a Build-only contract for the construction of a hotel in Pulau Langkawi, Kedah worth RM243million. This included review of relevant documents during the tender process.
  • We represent a statutory body in AIAC-administered arbitration proceedings against a private company arising from a concession agreement involving a high-value asset in Malaysia. The dispute originated from operational disruptions caused by the COVID-19 pandemic in 2020, leading to the statutory body’s termination of the concession agreement. Following termination, the private company initiated arbitration claiming approximately RM200 million, including allegations of wrongful termination. In response, the statutory body denied these claims and filed a counterclaim of around RM190 million, which includes unpaid profits under the concession agreement and claims relating to incomplete Fit-Out Works required under the contract.
  • Represented Ranhill SAJ Sdn Bhd, the sole water operator in Johor, which is responsible for supplying water to all localities in the region. We represented our client in pursuing a negligence claim in the total sum of about RM2.3million against the main contractor and the consultant for a
    project in Johor (In the High Court of Malaya at Johor Bahru, Suit No.: JA-22NCVC-65-05/2023). This matter culminated into a Consent Judgment entered into between the parties.
  • We acted for the developer of a residential project in negotiating liquidated ascertained damages (LAD) claims with multiple purchasers arising from delays in delivering vacant possession. Initially, the total LAD claim amounted to approximately RM3million. Through strategic and innovative negotiations over three months, we successfully reduced the LAD liability to under RM1.5million, achieving significant financial savings for our client. Our tailored negotiation approach balanced the purchasers’ concerns with the developer’s interests, helping to preserve the project’s viability while mitigating the financial impact of the delays.
  • Acted for the Principal in contesting the Sub-Contractor’s application to the High Court under Section 30 of CIPAA 2012 (In the High Court of Malaya at Shah Alam, Originating Summons No.:BA-24C-1-01/2024). Currently representing the Principal in another suit (In the Penang High Court Civil Suit No. PA-22C-8-11/2024) by the Sub-Contractor and by way of Counterclaim by the Main Contractor. Under this suit, we are presently representing the Principal to defend against the claim by the Sub-Contactor and Main Contractor, and to bring Counterclaim against the Main Contractor and the guarantors (by way of 3rd party proceedings). The total claim between the parties now stands at RM40million.
  • Represented a Sub-Contractor in a CIPAA claim and further enforced the Adjudication Decision in an application to the High Court of Shah Alam under Section 30 of CIPAA 2012 against the Principal (In the High Court of Malaya at Shah Alam Originating Summons No.: BA-24C-55-12/2024. Currently representing the Sub-Contractor to execute the Judgment received in favour under Section 30 of CIPAA 2012 against the Principal and its directors.
  • Defended the Employer in adjudication proceedings initiated under the Construction Industry Payment and Adjudication Act (CIPAA) 2012, in relation to the development of a superlink terrace house project and successfully mitgated the claim from about RM3million to approximately the
    value of RM1.4million.
  • Acted for the Sub-Contractor in adjudication proceedings initiated under the Construction Industry Payment and Adjudication Act (CIPAA) 2012, in relation to the supply, delivery, and installation of ‘sub-contractor’ tongue and groove engineered timber flooring for the 1st floor and staircase of various double-storey bungalow units. the Adjudication Decision issued on 27.05.2025 was entirely in favour of sub-contractor with amount of RM81,556.89 (as about RM800k was admitted after issuance of the Payment Claim), with the Adjudicator dismissing all of main contractor’s counterclaims and set-off claims in full.
  • We represent SCIB Infraworks Sdn. Bhd. (“SCIB”) in civil action BA-B52NCvC-9-01/2025, arising from the “Pembangunan Stesen Pemindahan Sisa Pepejal di Pekan Nenas, Pontian, Johor Darul Takzim” project. SCIB was appointed as sub-contractor by the main contractor, Satria Kasturi Sdn. Bhd. (“SKSB”), responsible for construction and site management, including labor, materials, transportation, and machinery supply. Under the payment terms, SCIB is entitled to 88% of the contract value upon SKSB’s receipt of payment from the Employer, Kementerian Perumahan dan Kerajaan Tempatan (KPKT), with SKSB retaining 12%, and a 4% consultation fee payable to the project management consultant, Pancaran PMC Solution. During contract performance, SKSB issued a Notice of Termination to SCIB. SCIB’s final claim totals approximately RM801,295.92 for outstanding payments, consultation fees, and retention sums.
  • We rendered a legal opinion to a well known construction company in Malaysia regarding the strength and weaknesses of its potential loss and expense claims totaling approximately RM7,086,615.30 against a government-linked development company. Our client was appointed as
    the contractor for the superstructure works of a mixed-use development project in Kuala Lumpur. The project involved the retention and partial demolition of an existing Telekom Malaysia office building and the construction of a 38-storey serviced apartment block with retail units and
    facilities. Our client’s loss and expense claims arose from several Extension of Time (EOT), all of which were rejected by the Main Contractor/Developer. We also advised our Client on its contractual entitlements, emphasizing the necessity of strict compliance with Clauses 43 and 44 of the PWD Form 203A (Rev. 1/2010) to successfully substantiate claims for loss and expense under the contract.
  • We represent SCIB Properties Sdn. Bhd. (“SCIB”) in civil suit BA-A52NCvC-19-01/2025 arising from a telecommunications infrastructure project involving the construction of a 24-meter Rapid Development Solution (RDS) telecommunications tower in Klang, Selangor. SCIB was appointed
    by Ennova Sdn. Bhd. (“Ennova”) as sub-contractor under a Work Order for the supply and construction of the tower. Following completion, SCIB submitted a progress claim of RM195,617.33, which Ennova failed to pay despite repeated demands. SCIB initiated legal proceedings in the Shah Alam Sessions Court, resulting in a Judgment in Default (JID) due to Ennova’s failure to appear or defend. To enforce the judgment, SCIB filed a winding-up petition against Ennova (Suit No. BA-28NCC-273-04/2025), currently ongoing.

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Key Contacts

Kevin Richard Nathan

Deputy Managing Partner

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Aireen Natasha

Associate

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Danial Arasy

Associate

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Kai Wing

Associate

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Related Work Highlights

  • Work Highlights

    Successful High Court Application for Direct Payment under Section 30 CIPAA 2012

    Our Head of Projects & Infrastructure, Kevin Richard Nathan and Associate, Nik Danial Arasy are pleased to have successfully represented…

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