OUR PRACTICE AREAS / CONSTRUCTION

CONSTRUCTION

 

We specialize in the resolution of construction disputes, leveraging our in-depth understanding of construction law, industry practices, and dispute resolution mechanisms to navigate complex issues and reach successful resolutions for our clients in the construction sector and beyond.

Key Engagements & Experience

Examples of our engagements and the cases handled by Team IKC

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COUNTRY GARDEN DANGA BAY SDN BHD

01

Successfully strike out the claim by the client’s contractor for costs of repair of damaged electricity cable for more than RM1.6 million when the contractor judicially admitted in another proceedings against other parties that the contractor is responsible for the said repair during defects liability period, and it was the other parties that have caused the damaged electricity cable that ought to bear the costs of repair for more than RM1.6 million. (Regal Elite Letrik Sdn Bhd v Country Garden Danga Bay Sdn Bhd [2022] MLJU 516)

COUNTRY GARDEN PACIFICVIEW SDN BHD

01

Representing the client in defending various claims for by its Main Contractors and counterclaiming against its Main Contractor, relating to the construction of Forest City (including delay, defects, set off, final account, etc), built on four man-made islands with the area of 30km2 , with hotels, golf resort, apartments and various of advanced facilities. The quantum of various claims amounted to more than RM25 million.

02

In a separate matter, successfully stayed the Adjudication Decision obtained against the client pending Arbitration by its supplier for defective fire rated doors arising out of one out of 10 Tripartite Agreements, between the client, supplier, and the Main Contractors. This is because in the other Adjudication Proceedings against the Main Contractors in respect of other Tripartite Agreements involving the client, the supplier took the position that the Main Contractor is the non-paying party, and not the client. The quantum of various disputes amounts to more than RM3.6 million.

CGPV INDUSTRIAL BUILDING SYSTEM SDN BHD

01

Defending the client from various claims by its contractors for the construction of stadium facilities of Sultan Ibrahim Football Stadium, the home of Johor Darul Takzim (JDT) Football Club.

KERRY INGREDIENTS SDN BHD

01

Representing the client in defending a claim by its Contractor for recovery of the construction costs of the client’s Blending Plant and counterclaim against its Contractor for structural defects where the client is required to demolish the entire Blending Plant constructed by its Contractor and rebuild the Plant. The quantum of various claims amounted to more than RM1.3 million.

DB INTEGRA SDN BHD

01

Acting for the client in a claim by its architect on the construction of 1855 units of low, medium, affordable and premium costs apartment in Kuala Lumpur and counterclaim against the architect for breach of professional duties, negligence and fraud. The quantum of various claims and counterclaims amounted to more than RM16 million.

UNIVERSITY SAINS ISLAM MALAYSIA

01

Advised and acted for the client in a dispute against its Main Contractor on the construction one of its Faculty Building. The contractual sum involved is approximately RM41 million.

LEGAL SUPPORT

Team IKC is ready to assist you

Managing Partner

Partner

Senior Associate

Senior Associate

  • KHO SZE JIA

    MANAGING PARTNER

    Email

    szejia@ikclaw.com

    Contact number

    • +603 6419 9788

    Practice area

    • Adjudication & Construction
    • Arbitration
    • Corporate, Contractual & Commercial Disputes
    • General Litigation & Dispute Resolution
    • Fraud & Forensic Investigation

    EXPERIENCE

    Sze Jia is recognised as one of the LexisNexis® 40 UNDER 40 2023 Asia Pacific’s rising stars. He is also among the finalists for Young Lawyer of the Year 2024 by Asian Legal Business, Malaysia, by Thomson Reuters.

    He has experience in a wide variety of disputes, including arbitration, banking and financial disputes, construction, corporate, contractual, and commercial, defamation, energy, fraud, insurance and reinsurance, insolvency, oil and gas and tort.

    Sze Jia’s clients include local and international developers, manufacturers, major corporations, statutory bodies, universities, and private clients.

    Sze Jia is the lead retained counsel for a Chinese Developer ranked in Fortune Global 500 and its entities in Malaysia, adeptly manages a diverse range of disputes encompassing construction, contracts, commercial, fraud and employment issues. Currently overseeing over 60 cases, Sze Jia and his team navigate disputes exceeding a cumulative quantum of more than RM80 million.

    He has also been frequently instructed to conduct complex claims and disputes where forensic investigation and securing freezing orders urgently are required. He has recently been instructed to act for a group of private international clients in a claim for multijurisdictional fraud and conspiracy where the quantum is approximately USDT 100 million in cryptocurrency Tether.

    Sze Jia has appeared as counsel in various Malaysia Courts, including the Superior Courts and in Arbitration Proceedings involving energy, oil and gas, construction, insurance and reinsurance, telecommunications, and international commercial disputes.

    CAREER

    Sze Jia started his career in Zaid Ibrahim & Co’s largest Dispute Resolution Practice Group. He left ZICO together with Ariff Rozhan in 2015 and joined Ariff Rozhan & Co as a Senior Associate. He was part of Ariff’s Team for more than 7 years until he left in September 2018.

    Sze Jia is now the Managing Partner and the Head of Dispute Resolution, the largest practice group in IKC. He also heads the China Businesses and Enterprises Desk in IKC.

    EDUCATION & QUALIFICATION

    Arbitrator, Asian International Arbitration Centre (AIAC)

    Arbitrator and Mediator, Borneo International Centre for Arbitration and Mediation (BICAM)

    Member, Chartered Institute of Arbitrators (CIArb)

    Member, Inter-Pacific Bar Association

    Commissioner for Oaths

    Advocate and Solicitor, High Court of Malaya

    Certificate of Legal Practice, Legal Profession Qualifying Board Malaysia

    Bachelor of Laws (Honours), Cardiff University, United Kingdom

    LANGUAGES

    English

    Bahasa Malaysia (Malay)

    华语 (Mandarin)


  • PATRICIA JAYNE NOEB

    PARTNER

    Email

    patricia.noeb@ikclaw.com

    Contact number

    • +603 6413 8788

    Practice area

    • Adjudication & Construction
    • Arbitration
    • Contractual & Commercial Disputes
    • General Litigation & Dispute Resolution
    • Employment & Industrial Relation
    • Land Reference

    EXPERIENCE

    Patricia has a wide experience in navigating the complexities of both commercial and civil disputes, including breaches of contract, tortious actions, fraud, insolvency (including injunctive reliefs) and reinsurance where she has acted for both the local and international corporations and private clients before various Courts in Malaysia.

    Patricia has also handled numerous adjudication proceedings pursuant to Construction Industry Payment & Adjudication Act 2012 where the projects range from refurbishment and renovation of hotels/offices to equipment installation for cellular services in various states in Malaysia.

    Further, Patricia also advises clients on employment related matters such as ensuring the clients’ operations align with legal requirements and implementing strategic legal measures in matters such as poor performance, employee misconduct and termination.

    Patricia has also represented private and government-linked companies in claims for unfair and unjust dismissal including claims of constructive dismissal.


    CAREER

    Patricia began her legal career in Zain & Co’s Dispute Resolution Practice Group.

    Prior to joining IKC, she was a Senior Associate with Ariff Rozhan & Co.

    Patricia is now a Partner in Dispute Resolution Team, the largest practice group in IKC and in charge of Human Resource. She also heads the Asean Businesses and Enterprises Desk.


    EDUCATION & QUALIFICATION

    Advocate and Solicitor, High Court of Malaya

    Bachelor of Laws (Honours), University of Malaya


    LANGUAGES

    English

    Bahasa Malaysia (Malay)


  • ALEEYA ELYANA

    SENIOR ASSOCIATE

    Email

    aleeya@ikclaw.com

    Contact number

    • +603 6419 4499

    Practice area

    • General Litigation & Dispute Resolution
    • Land Reference

    EXPERIENCE

    Aleeya has experience in handling civil and commercial matters, including debt recoveries, fraud, negligence, construction, and employment disputes. She has advised and acted for government agencies and statutory bodies in a wide array of matters, including in negligence to land acquisition disputes.

    Aleeya also represented international protection and indemnity clubs in shipping and maritime disputes. She has conducted trials and hearings at all levels of Courts, including appeared as counsel at the Court of Appeal, Federal Court, and in Arbitration and Adjudication Proceedings.

    She is also able to draft and review various business agreements.

    CAREER

    Aleeya started her practice in Tommy Thomas, before joining Ariff Rozhan & Co. She later joined Tan Norizan & Associates as a Senior Associate. She is now a Senior Associate of Dispute Resolution, the largest practice group in IKC.

    EDUCATION & QUALIFICATION

    Advocate and Solicitor, High Court of Malaya

    Bachelor of Laws (Honours), Universiti Teknologi MARA (UiTM)

    LANGUAGES

    English

    Bahasa Malaysia (Malay)


  • PHANG JA MEIN

    SENIOR ASSOCIATE

    Email

    jamein@ikclaw.com

    Contact number

    • +607 291 9868

    Practice area

    • Banking & Financial Disputes
    • General Litigation & Dispute Resolution
    • Insurance

    EXPERIENCE

    Ja Mein manages and handles banking and financial disputes for the largest bank in Malaysia and other financial institutions, digital banks and financing platforms.

    She also has experience in dealing with professional indemnity insurance matters and has successfully acted for lawyers in claims for professional negligence and fraud.

    CAREER

    Ja Mein started her practice in Yeo Chambers, Johor Bahru, before joining Tay & Partners.

    She joined IKC in October 2020 as a Senior Associate. She is instrumental in setting up IKC Johor in 2022 and now heads IKC’s Practice in Johor.

    EDUCATION & QUALIFICATION

    Advocate and Solicitor, High Court of Malaya

    Bachelor of Laws (Honours), Multimedia University

    LANGUAGES

    English

    Bahasa Malaysia (Malay)

    华语 (Mandarin)