Overview  

Our Expertise

Skrine's services in this field of law range from the provision of advice and drafting of the relevant documents in the pre-construction and during construction stages to resolving disputes that arise during and after construction, whether through litigation or arbitration and alternative dispute resolution processes. Our Firm acts for developers/employers, engineering firms, design professionals, quantity surveyors, construction and project managers and contractors.

Notable Experience

Non Contentious

• An engineering services contract for a seawater desalination plant, sewage treatment plant, water reclamation plant and industrial wastewater treatment plant in Saudi Arabia.

• Reviewing and amending the project management consultancy services agreement for the construction of a 31 storey office development.

• Amendments to the IEM Conditions of Contract for a land reclamation project which involved filling, dredging, revetment works and project management.

• Amendments to the JKR standard form of a design and build contract (rev 2007) for the construction of a manufacturing facility.

• An agreement for the supply, delivery, installation, testing, commissioning and support services for a type of software for a telecommunications company.

• A mutual aid restoration agreement between 2 telecommunications companies for the utilisation of the other contracting party's submarine cable system in the event of a failure of their own submarine cable system.

• A collaboration agreement between a company carrying out the business of marketing, supplying and distributing home automation, lighting control and architectural dimming solutions and a company that supplies light fittings to promote and market each respective company's products.

• Assisting in the drafting of a concession agreement for the procurement of natural fertilizer plant on a BOOT basis.

• Advising a statutory body on the procurement strategy in respect of its various commercial projects and assisting in the drafting of the tender and contract documents together with the guidance notes to the contract terms and the letters and notices required to be issued pursuant to the contract terms.

• An agreement for the design, supply, construction and completion of the architectural, mechanical and electrical, landscape, civil and structural, land survey, building, sewerage and such other works in relation to a mixed development comprising inter alia retail shops, budget hotel, techno centre, college and service apartments.

• An agreement for the design, supply, construction and completion of a fatty acid plant.

• An agreement for the design, supply, construction and completion of a methyl ester plant.

• An agreement for the supply, design, engineering, installation, supervision, testing and commissioning of a paintshop to be equipped with all necessary motor vehicle body painting processes, facilities, equipments and machineries.

Contentious

• Acting for the employer in arbitration proceedings in a dispute concerning the construction of civil and cable works involving more than 220 contracts and the amount in dispute of more than RM100 million.

• Acting for the employer in arbitration proceedings in a dispute concerning the construction of civil and cable works involving more than 220 contracts and the amount in dispute of more than RM100 million.

• Acting for the main contractor in arbitration proceedings in a dispute concerning a major development project in Kuala Lumpur with an amount in dispute of more than RM480 million.

• Acting for the employer in arbitration proceedings in a dispute concerning land reclamation works with an amount in dispute of more than RM90 million.

• Acting for the employer against the main contractor in a luxury condominium project in the heart of the KLCC area.

• Acting for the main contractor in arbitration proceedings in a dispute concerning a Coal Fired Power Plant project in Malaysia.

• Acted for the main contractor in relation to disputes with the sub contractor and the employer of a project owned by a company related to the Brunei Royal family with an amount in dispute with the sub contractor.

• Amongst the major projects Skrine has been involved in are as follows:-
   The Lumut Naval Dockyard
   Pasir Gudang Power Station
   The Kapar Power Station
   Dayabumi
   Malayan Banking Headquarters
   Bank Bumiputra headquarters On-Tai Building
   Petronas Tower 1
   Regent Hotel
   Istana Hotel
   PJ Hilton
   Crown Prince Hotel Penang
   Johor Port
   Penang Port
   MLNG Dua and MLNG Tiga Plant at Bintulu
   Mandarin Oriental Hotel
   Langkawi Water Supply Project
   Penang Swimming Club
   Plaza Rakyat
   Wisma Rohas Perkasa
   Park Inn Hotel

Publications

Legal Insights Issue 01/2012, March 2012 – "The End of Cash Flow Woes?"
An overview of the Construction Industry Payment and Adjudication Bill 2011

Legal Insights Issue 03/2011, September 2011 – "It's Still Mine"
(This article discusses the Court Of Appeal's decision in the Sediabena v Qimonda Case)

Legal Insights Issue 02/2011, June 2011 – Yours or Mine?
(A case commentary on Sediabena Sdn Bhd v Qimonda Malaysia Sdn Bhd, the High Court decided not to follow the English position, but instead held that the retention monies under the contract are monies held in trust by employer).

Legal Insights Issue 3/2009, September 2009 – Dichotomy of Contracts Reinforced
Case commentary on Johor Coastal Development Sdn Bhd v. Constrajaya Sdn Bhd.

Legal Insights Issue 4/2008, December 2008 – "Pay when Paid"
Guidance as to the Malaysian position on "pay when paid" clauses.

Legal Insights Issue 3/2008, October 2008 – Banker's Duty vis-à-vis architect's certificates
A case commentary on Cheah Swee Fah v Bank Bumiputra Malaysia Bhd.

Legal Insights Issue 2/2008, June 2008 – All change for Completion procedures
Reviews the Certificate of Completion and Compliance System.

Legal Insights Issue 4/2006, December 2006 – Construction Industry Development board
An overview of the Construction Industry Development Board.

Legal Insights Issue 3/2006, September 2006 – Engineers Beware! Comply or Else….
Case commentary on Luxor Holdings Sdn Bhd v. Hainal-Konyi (M) Sdn Bhd [2006] 2 CLJ 856.

  People  

Partners in Practice Groups

Vinayak P. Pradhan Partner  |  Dispute Resolution Division Tel: 603 - 2081 3999 ext 726  |  Fax: 603 - 2094 3211  |  E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it	Profile
Ivan Loo Yew Fook Partner  |  Dispute Resolution Division Tel: 603 - 2081 3999 ext 731  |  Fax: 603 - 2094 3211  |  E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it	Profile
Ashok Kumar Mahadev Ranai Partner  |  Dispute Resolution Division Tel: 603 - 2081 3999 ext 744  |  Fax: 603 - 2094 3211  |  E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it	Profile
Kamraj Nayagam Partner  |  Dispute Resolution Division Tel: 603 - 2081 3999 ext 743  |  Fax: 603 - 2094 3211  |  E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it	Profile
Lam Wai Loon Partner  |  Dispute Resolution Division Tel: 603 - 2081 3999 ext 860  |  Fax: 603 - 2094 3211  |  E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it	Profile