Construction
Asia-Pacific Guide 2024 : Malaysia
Band 2
About
Provided by Gan Partnership
Since the firm inception in 2011, the Engineering, Construction and Energy Practice has grown tremendously under the leadership of Mr. Foo Joon Liang and Ms. Tan Min Lee and has become one of the leading construction specialist firms in Malaysia. We have been advising and acting for government agencies, government-linked companies, listed companies, foreign companies, developers, contractors, consultants as well as other commercial and private entities in a broad spectrum of litigation matters in Court, in arbitration and adjudication.
Some of our past cases are redefining laws governing the construction sector in Malaysia as these decisions are now the guiding legal principles for key contentious aspects of the industry. Our Partners are also appointed to serve at various regulatory bodies, organisations and professional bodies as advisors and trainers. In June 2023, Mr. Foo has written and published a book titled “Time in Construction”, where he addresses the common pain point of the construction industry players by examining elements in time-related disputes within the framework of contractual provisions, including whether time is of the essence of a contract and if so, its implications; the effects of delays on progress and completion; the current legal framework for the imposition of contractual liquidated damages; the rights to time extensions; and the financial repercussions of time extensions being granted.
Chambers Review
Gan Partnership often handles high-stakes construction disputes in the Malaysian courts, including claims that progress to the Court of Appeal and Federal Court. The team also has experience relating to the enforcement of foreign judgements in Malaysia, as well as handling arbitration and adjudication. The department represents both contractors and employers, as well as consultants, including in relation to residential developments and infrastructure projects. Clients include Bina Puri and Asian International Arbitration Centre.
Work Highlights
- Gan Partnership represented Accolade Land, a developer, in its claim against four government-related entities in Malaysia, which concerned a change to the Klang Valley Mass Rapid Transit project that meant an MRT station to be developed by Accolade was no longer a part of the project.
Notable Practitioners
Foo Joon Liang is a noted construction lawyer in Malaysia, with expertise in engineering and contractual disputes in Malaysia. He handles litigation, arbitration and adjudication.