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Building, Construction & Engineering

 

Introduction

Our Building, Construction & Engineering Practice Group advises clients on major deals and projects. Our services range from advisory and documentation to dispute resolution via litigation, arbitration, adjudication (in particular under the Construction Industry Payment and Adjudication Act 2012 (CIPAA)) and other alternative dispute resolution processes.

We are well-versed in all aspects of construction and engineering advisory and documentation work, including:

  • pre-bid agreements;
  • consortium or joint venture agreements;
  • tender documentation;
  • main contracts (both standard form, e.g. FIDIC Conditions of Contract, PAM Conditions of Contract, IEM Conditions of Contract and the PWD Form, and tailor-made agreements);
  • subcontracts;
  • consultancy services agreements;
  • project management agreements;
  • operation and maintenance agreements.

 

We have also represented clients in various dispute resolution processes involving disputes ranging from small claims to billion dollar actions.

Our Clients

Our portfolio of clients includes leading local and international contractors and developers, as well as government-linked companies.

In addition, we have represented clients in negotiations with the Government on concession agreements for major infrastructure projects based on the Public Private Partnership concept.

We have also represented clients in various dispute resolution processes involving disputes ranging from small claims to billion dollar actions. These include:

  • an arbitration of a billion dollar claim for construction of a pulp and paper mill with a Singapore seat under SIAC rules;
  • a USD280 million claim arising from a production sharing contract for oil and gas development in India;
  • a USD141 million claim arising from a storage agreement and deed of commitments in Malaysia;
  • a USD100 million claim on an EPC contract for an offshore oil and gas platform with an LCIA arbitration in London;
  • a USD56 million claim arising from a project development agreement in Laos;
  • an arbitration involving a multi-million dollar road construction claim in Delhi;
  • an adjudication of a RM63 million payment claim arising from the construction of a major bridge in Malaysia;
  • a dispute arising from the design and construction of major port and airport in Malaysia;
  • a claim involving fabrication of an export gas compressor with a Geneva seat under ICC rules;
  • a claim on an international production sharing contract with a Singapore seat under SIAC rules.

Several of the partners of the firm are also listed in the panel of arbitrators for various arbitral institutions, including the Asian International Arbitration Centre (formerly known as Kuala Lumpur Regional Centre of Arbitration), the Malaysian Institute of Arbitrators, South China International Economic and Trade Arbitration Commission (also known as Shenzhen Court of International Arbitration) and the Korean Commercial Arbitration Board (KCAB) International.

Accolades

“Shook Lin & Bok is known for its advice on contentious and non-contentious construction matters in which it acts for local and international clients, including owners, developers, contractors, architects, engineers, quantity surveyors and consultants. Lam Ko Luen leads the practice with the able help of Hoh Kiat Ching and Victoria Loi Tien Fen.” – Legal 500 Asia Pacific (2018)

“Shook Lin & Bok’s practice is outstanding for skilfully handling mandates across the value chain – from development to construction to management. Ko Luen Lam, the practice head, and Victoria Loi promoted to partner in 2017, are advising a global manufacturing company on its design-and-build contract tender to construct a RM90 million factory. Kiat Ching Hoh is assisting as lender’s counsel on a RM121 million club deal to develop a 4-star hotel in a tourism spot in northern Malaysia.” – Asia Law Profiles (2018)

“Shook Lin & Bok’s building construction and engineering practice group represents a range of clients include local and international contractors and developers, as well as government related bodies. The firm is active in both conventional and renewable energy. A key project saw the firm advising a Malaysian public company on the design, construction, maintenance, operation and management of a solid waste to renewable energy plant.” – IFLR1000 (2017)

“Shook Lin & Bok provides clear and concise advise and a high  quality of work with minimal work backs, say one client. The firm is regularly involved in major deals and projects in Malaysia and is well versed in aspects of constructions and engineering work.” – Asialaw Profiles (2017)

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