Richard is a partner in the firm’s Construction and Engineering practice group. He heads the Projects & Infrastructure practice and co-heads the Energy practice.
Richard leads a specialised team experienced in non-contentious construction and engineering, energy (conventional and renewable) and utilities and infrastructure matters. practice covers a wide range of advisory and drafting services for all stages of the project lifecycle. He has acted for a variety of stakeholders, including government-linked bodies, developers, contractors, and consultants, in power production, key infrastructure and commercial and residential developments.
Richard has extensive experience in the drafting and negotiation of complex and interdependent project agreements, including concession and project development agreements, power purchase agreements, construction contracts (build-only, turnkey and EPCC), operations and maintenance agreements, and fuel and utilities supply agreements. He is well-versed with the range of industry standard forms used in Malaysia such as PWD, PAM, FIDIC and CIDB. Richard also frequently advises clients on project structuring, tender processes, and project implementation and management. He is recognised by Legal 500 Asia Pacific as being “a name to note, particularly for advice on commercial elements of construction projects”.
Key Practice Areas
- Projects and Infrastructure
- Energy
- Project Management
- Construction Compliance and Advisory
- Acted for Lebuhraya Borneo Utara Sdn. Bhd., the project delivery partner, in relation to the construction of the Pan-Borneo Highway in Sarawak. Advised on and drafted the construction contracts for 10 works packages.
- Acted for Sapura Rail Systems Sdn. Bhd. in relation to the construction of the system works packages (SSP Line) of the Mass Rapid Transit 2 Project. Advised on and drafted the master supply agreement and master sub-contract agreement.
- Acted for the Employees Provident Fund in relation to the development and construction of a mixed-development project (part of a joint venture with a subsidiary of a public-listed Malaysian developer) on 76.14 acres of land in Bukit Jalil, Kuala Lumpur. Advised on, drafted and negotiated the project development agreement and the turnkey construction contract.
- Acted for an American biotechnology company in relation to the development (build, lease and transfer) and construction of an industrial biotechnology facility in Johor. Advised on the Build, Lease and Transfer agreement and reviewed, drafted and negotiated the engineering, procurement and construction (EPC) contract.
- Acted for HSBC Bank Malaysia Berhad in relation to the construction of their new headquarters at Tun Razak Exchange, Kuala Lumpur. Advised on, drafted and negotiated the consultancy contracts, the construction contracts, and the key sub-contracts.
- Acted for the owner of a financial education centre at Jalan Dato’ Onn, Kuala Lumpur. Advised on, drafted, and negotiated the project development agreement, the consultancy contracts, the construction contract, and the operations and maintenance agreement.Acted for the developer appointed by the Government of Malaysia to develop the headquarters of several governmental bodies (part of the Multimedia Super Corridor) in Cyberjaya, Selangor. Advised and drafted the construction agreement and advised on the award of the sub-contracts.Advised on the development of a cement plant (production capacity of 5,000 metric tons per day) in Bahau, Negeri Sembilan.
- Acted for Iskandar Investment Berhad in relation to its subsidiary’s rooftop solar Power Purchase Agreement (PPA) with a solar energy services company. Advised on, reviewed, and negotiated the PPA.
- Acted for the developer of a 20MW floating solar farm in Selangor, which was a project awarded pursuant to the Energy Commission’s LSS4 competitive bidding round.
- Advised on the power purchase agreement (PPA) and drafted and negotiated the engineering, procurement, construction and commissioning (EPCC) contract.
- Acted for the developer of a waste to energy facility at the Teluk Mengkudu Landfill area in Manjung, Perak. Advised on the terms of the concession for the development and management of the facility and drafted the EPCC Contract.
- Acted for an aerostructure manufacturing company in relation to their proposed installation of solar photovoltaic panels on the rooftop of their Malaysian premises. Advised on and reviewed the Supply Agreement of Renewable Energy (SARE) agreement.
- Acting for an energy company in relation to their proposed development of rooftop solar projects in Malaysia, which are intended to be part of the quota allocation under Malaysia’s Net Energy Metering 3.0 programme. Advised on and drafted the joint development agreement with their strategic partner and reviewed, amended and finalised the template corporate PPA to be entered into with consumers.
- Acted for ERS Energy Sdn. Bhd., a solar energy services provider, in relation to their construction and operations of a 120MW large scale solar power plant at Alaminos, Laguna, Philippines. Advised on, drafted and negotiated the onshore, offshore and coordination agreements.
- Acted for ERS Energy Sdn. Bhd. in relation to the construction of a 30MW large scale solar photovoltaic plant in Bukit Keteri, Perlis, which was a project awarded pursuant to the Energy Commission’s LSS2 competitive bidding round. Advised on, drafted, and negotiated the EPC contract.
- Acted for Leader Solar Energy II in relation to their development of a 20MW large-scale solar photovoltaic plant in Sungai Petani, Kedah, which was a project awarded pursuant to the Energy Commission’s LSS2 competitive bidding round. Advised on the tender process for appointment of the EPC contractor and drafted and negotiated the EPC contract and the operations and maintenance (O&M) agreement.
- Acted for Mudajaya Corporation Berhad in relation to their subsidiary’s development, construction, and operation of a 49MW large scale solar photovoltaic plant in Perak, which was a project awarded pursuant to the Energy Commission’s LSS1 competitive bidding round. Advised on, drafted, and negotiated the EPCC contract and the O&M agreement.
- Acted for ZEC Solar Sdn Bhd in relation to their development of a 29MW large scale solar photovoltaic power plant in Kulai, Johor, which was a project awarded pursuant to the Energy Commission’s LSS1 competitive bidding round. Advised on, drafted and negotiated the EPC contract and the O&M agreement.
- Acted for Leader Solar Energy Sdn. Bhd. in relation to their development of a 29MW large scale solar photovoltaic plant in Kedah, Malaysia, which was a project awarded pursuant to the Energy Commission’s LSS1 competitive bidding round. Advised on, drafted and negotiated the EPC contract.
- Advised on and prepared the project agreements in relation to the development, construction and/or operation of the following power projects:
- Connaught Bridge Redevelopment Project – 384 MW, Selangor
- Kimanis IPP (Gas) - 300 MW, Sabah
- Janamanjung IPP (Coal) - 2,100 MW, Perak (Units 1,2 & 3)
- Sepangar Bay IPP (Gas) – 100MW, Sabah
- Advised the owner of a financial education centre in Kuala Lumpur in relation to their project consultant’s claims for additional fees.
- Advised the owner of a 29MW large scale solar photovoltaic plant in Kulai, Johor, in relation to the contractor’s claims for additional costs and extension of time.
- Advised the owner of a 29MW large scale solar photovoltaic plant in Kedah in relation to the imposition of delay damages and extension of time claims.
- Advised a construction support services company in relation to the regularisation of their registration with the Construction Industry Development Board of Malaysia.
- Advised a cladding installation company in relation to the requirements for foreign contractor registration with the Construction Industry Development Board of Malaysia.
Qualifications:
- Advocate and Solicitor, High Court of Malaya (1995)
- LL.B (Hons), Leeds Metropolitan University (1991)
Publications:
- Co-author, Malaysia chapter of The Energy Regulation and Markets Review (11th Edition).
- Co-author, “Malaysia Revises Cross-Border Electricity Framework”.
- Co-author, Malaysia chapter of The Energy Regulation and Markets Review (10th Edition).
- Co-author, “The Future of Cross-Border Electricity Trade in Malaysia”.
- Co-author, “Malaysia’s Total Lockdown: Critical Construction Works Allowed”.
- Co-author, “NEM NOVA Programme: Malaysia Commences Virtual Meter Aggregation”.
- Co-author, “Net Energy Metering 3.0: New Rooftop Solar Initiatives”.
- Co-author, “Covid-19: Administration of Government Contracts Affected by the MCO”.
- Contributor, World Bank’s Doing Business 2020: Benchmarking Infrastructure Development.
- Co-author, “Somewhere over the FIDIC Rainbow”.
- Co-authored the Malaysia chapter of the International Comparative Legal Guide: Construction & Engineering Law, 2017.
- Co-author, “There’s No Such Thing as a Free Ride”.
- “Responsive and knowledgeable.” – Asialaw Profiles 2022
- “Knowledgeable in the power industry and adept in power purchase agreements.” – Asialaw Profiles 2021
- “…name to note, particularly for advice on commercial elements of construction projects.” – Legal 500 Asia Pacific 2020 (Real Estate and Construction)
- Listed as a “Distinguished Practitioner” in Asialaw Leading Lawyers 2021, 2020