Rachel is a senior associate in the firm’s Construction and Engineering practice. She specialises in non-contentious construction and engineering, energy and utilities, and infrastructure matters.
Rachel’s practice focuses on drafting and advisory work for the project lifecycle. She is familiar with industry standard form contracts (PAM, PWD, CIDB, AIAC and FIDIC) and has experience in the drafting and negotiation of key project agreements such as power purchase agreements, engineering, procurement, construction, and commissioning (EPCC) contracts, operation and maintenance agreements, and consultancy contracts. In addition, she advises on tender processes and contract administration.
Rachel frequently advises on regulatory and compliance issues in relation to project development, in particular on CIDB requirements and contractor registrations as well as the renewable energy framework in Malaysia.
Key Practice Areas
- Projects and Infrastructure
- Energy
- Construction Compliance and Advisory
- Acted for a federal statutory body (in a joint venture with a subsidiary of a listed Malaysian developer) in relation to a mixed development project in Bukit Jalil, Kuala Lumpur. Advised on, drafted and negotiated the project management and construction agreements.
- Acted for the main contractor in relation to the communications and signalling systems works package for the Putrajaya Line of the Mass Rapid Transit (MRT 2) project. Advised on and drafted the master supply agreement and master sub-contract agreement.
- 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 works package contracts.
- Acted for a soap manufacturing company in relation to the construction of their new chemical plant at Pasir Gudang, Johor. Advised on the award of the works and drafted the construction contract.
- Acted for an American company in relation to the fit-out works of co-working spaces in Malaysia. Advised on and drafted the master fit-out works contract for use in the Malaysian jurisdiction.
- Acted for an American manufacturer in relation to the expansion works for their facility in Bayan Lepas, Penang. Advised on, drafted and negotiated the architectural consultancy services contract and the construction contract.
- Acted for an American biotechnology company in relation to the development of an industrial biotechnology facility (on a Build, Lease and Transfer basis) in Iskandar, Johor. Advised on, drafted and negotiated the turnkey construction contract and the lease agreements.
- Acted for the developer of a financial education centre in Kuala Lumpur. Advised on, drafted and negotiated the consultancy contracts, the construction contract, the green building index (GBI) agreement, and the operations and management agreement.
- Acted for an Italian manufacturing company in relation to the demolition and renovation works of their factory in Negeri Sembilan. Advised on and reviewed the tender documents and drafted the construction contract.
- 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. Advised on the 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 and drafted the EPCC Contract.
- Acted for a solar energy services provider in relation to its proposed development of rooftop solar projects in Malaysia. Advised on, reviewed and amended the corporate PPA to be used for the projects.
- 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.
- Acted for the owner in relation to the construction of a 29MW large scale solar power plant in Kedah. Advised on, drafted, and negotiated the EPCC.
- Acted for the contractor in relation to the development of a 30MW large scale solar photovoltaic plant in Bukit Keteri, Perlis. Advised on, drafted, and negotiated the EPCC and the operations and maintenance agreement.
- Advised a construction materials supplier on certification issues and procedures in relation to scaffolding materials.
- Advised an engineering company on compliance issues in relation to construction personnel registration and levy payment.
- Advised a construction support services company on compliance issues arising from their registration with the Construction Industry Development Board of Malaysia. Represented the client at a contractor disciplinary hearing and contractor compliance assurance meeting and assisted in the regularisation of their registration and levy appeal.
- Advised a contractor on compliance issues in relation to their Government Work Procurement Certificate (SPKK) registration and local contractor registration with the Construction Industry Development Board of Malaysia arising from changes in their company shareholding.
- Advised a security systems company in relation to the requirements for contractor registrations with the Construction Industry Development Board of Malaysia.
- Advised a cladding installation company on their foreign contractor registration with the Construction Industry Development Board of Malaysia.
Qualifications:
Advocate and Solicitor, High Court of Malaya (2016)
Barrister-at-Law (Lincoln’s Inn) (2015)
Bar Professional Training Course, City Law School (2014)
LL.B (Hons), University of Nottingham (2013)
Professional Affiliations:
Member, Bar Council Malaysia’s Arbitration and Construction Law Committee
Publications:
- Co-author, Malaysia chapter of The Energy Regulation and Markets Review (11th Edition).
- Author, “Renewable Energy: Malaysian Government offers New 187MW Quota for Feed-In Tariff Programme”.
- Co-author, “Malaysia Revises Cross-Border Electricity Framework”.
- Author, “National Recovery Plan: Standard Operating Procedure for the Construction Industry”.
- Co-author, “Malaysia’s Clean Energy Transition: Gazing into the Crystal Ball”.
- Co-author, “The Future of Cross-Border Electricity Trade in Malaysia”.
- Author, “CIDB Reimplements Covid-19 Initiatives for Local Contractors”.
- Author, “Malaysia’s Total Lockdown: Operation of Electricity Supply Sector and Renewable Energy Developments”.
- 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, “CIDB’s Initiatives to Ease Burden of the Construction Industry”.
- Co-author, “Covid-19: Construction Industry Players, Start Your Engines!”.
- Co-author, “Administration of Government Contracts Affected by the MCO”.
- Co-author, “Covid-19: Government Issues SOP for Construction Sector”.
- Co-author, “Covid-19: FAQs by the Ministry of Works for the Construction Industry”.
- Contributor, World Bank’s Doing Business 2020: Benchmarking Infrastructure Development.
- Co-author, “Somewhere over the FIDIC Rainbow”.
- Contributor, Malaysia chapter of the International Comparative Legal Guide to Construction & Engineering (2017).
- Co-author, “There’s No Such Thing as a Free Ride”.
Talks:
- Speaker, “Navigating Construction Disputes” webinar organised by the Kuala Lumpur Bar.
- Speaker, “Legal Writing & Drafting” webinar organised by the United Kingdom & Ireland Malaysian Law Students’ Union (KPUM).