Every construction project starts with a blueprint—and so should your legal strategy. From contracts to claims, clarity at the outset prevents costly complications later.

Yeoh Shim Siow & Lay Kuan | Construction Law

Construction Legal Services

Construction Law & Dispute Resolution Services

Legal Solutions Built for the Realities of Construction

At YSLK, we specialise in construction and infrastructure dispute resolution across Malaysia, acting for developers, main contractors, subcontractors, consultants, and property owners. As part of our specialist legal services across multiple practice areas, our construction litigation team is experienced in handling disputes arising from large-scale commercial, residential, and industrial projects.

Our legal expertise spans all major areas of construction law, including payment disputes, delays, quality issues, contractual defaults, and insolvency. Whether through statutory adjudication, arbitration, litigation, or mediation, we provide robust legal strategies to resolve construction disputes efficiently and effectively.

End-to-End Construction Legal Services

Legal Solutions Aligned with Construction Realities.

We provide legal support across all project stages, including:

  • Variation and Changes in Construction Contracts

    We advise on disputes involving variation orders, scope changes, and claims for additional work or time under standard forms of contract (e.g. PAM, PWD, IEM). Our team ensures compliance with contractual variation procedures and defends or pursues claims for variation costs and time extensions.

  • Quality Issues and Defect Liability

    We represent parties in disputes over defective workmanship, non-compliance with specifications, latent defects, and failures during the Defect Liability Period (DLP). We assist in claims for rectification costs, expert determinations, and loss of use.

  • Payment Obligations in Construction Projects

    Our lawyers regularly act in claims involving non-payment, under-certification, set-offs, and claims for retention sums. We pursue or defend payment obligations under progress claims, interim certificates, and final accounts—whether under express contractual terms or quantum meruit.

  • Suspension and Termination of Construction Contracts

    We advise clients on the lawful exercise of suspension and termination rights, including under Sections 29 and 30 of CIPAA 2012. We litigate or arbitrate disputes arising from wrongful termination, abandonment, or repudiation of construction contracts.

  • Construction Insolvency & Financial Distress

    We act for stakeholders in situations involving financially distressed contractors or project owners, including claims in liquidation, proof of debt, set-offs, and the enforcement of guarantees or performance bonds. We also advise on project rescue mechanisms and risk mitigation during insolvency events.

  • Statutory Adjudication under CIPAA 2012

    We represent clients in adjudication proceedings under the Construction Industry Payment and Adjudication Act 2012 (CIPAA), including claims for non-payment, delay damages, and counterclaims. We handle all stages from notice of adjudication to enforcement or setting aside of adjudication decisions.

  • Construction Arbitration

    Our team acts in domestic and international arbitrations under PAM, AIAC, ICC, and UNCITRAL rules, covering claims for LAD, defective works, extension of time (EOT), and disputes over Certificates of Non-Completion (CNC). We also handle enforcement or annulment of arbitral awards.

  • Construction Litigation in the Malaysian Courts

    We litigate construction disputes before the High Court, Court of Appeal, and Federal Court, including summary judgments, injunctions, stay applications, and trial of technical issues. We have acted in multi-million-ringgit disputes and regularly secure court orders preserving rights and payments for our clients.

  • Construction Mediation

    We represent clients in structured construction mediations, often under AIAC or contractual frameworks. We assist in achieving negotiated settlements in complex disputes involving multiple parties and technical subject matter, preserving business relationships where possible.

Clients We Serve

Legal Support for the Entire Construction Chain.

Our Construction Law team acts for a wide range of clients involved in delivering, financing, designing, and executing construction projects. We understand the unique risks, roles, and responsibilities each stakeholder holds within the built environment. Whether navigating contract structuring, claims, regulatory approvals, or dispute resolution, we tailor our legal solutions to support your commercial and operational objectives.

  • Property Developers

    We advise developers of residential, commercial, and mixed-use projects, ranging from private initiatives to government-linked developments. Our legal services help safeguard delivery timelines, manage contractor performance, and resolve payment and defect-related issues efficiently.

  • Main Contractors & Subcontractors

    We represent engineering, procurement, and construction (EPC) contractors, turnkey project delivery teams, and subcontractors across trades. Our counsel spans contract negotiation, variation claims, adjudication under CIPAA 2012, and risk management throughout the project lifecycle.

  • Consultants & Technical Professionals

    We assist architects, structural and civil engineers, M&E consultants, and quantity surveyors in managing professional liability, contract disputes, and regulatory compliance. Our legal advice supports their role as project certifiers and design authorities.

  • Infrastructure Stakeholders & Public Sector Entities

    Our lawyers act for government-linked companies (GLCs), engineering consultants, and international contractors involved in public infrastructure such as highways, railways, bridges, ports, and water treatment plants. We understand the regulatory intricacies of PPPs, DB contracts, and multi-stakeholder delivery frameworks.

  • Construction Industry Coverage

    Across Malaysia, we have supported clients involved in high-rise residential towers, commercial complexes, logistics hubs, manufacturing plants, data centres, healthcare facilities, and infrastructure megaprojects. Regardless of scale or complexity, we offer construction legal services grounded in real project experience, sector familiarity, and business sense.

  • Specialist Contractors & Trade Experts

    From piling and earthworks to façade systems, HVAC, and interior finishing, we act for specialist contractors facing complex technical scopes and contractual dependencies. We help enforce rights, manage scope changes, and defend against claims.

Experienced Legal Team

Strategic Legal Counsel for Construction and Infrastructure.

Our legal team delivers strategic, commercially grounded advice to clients involved in every construction and infrastructure delivery stage. From drafting standard-form and bespoke contracts to managing project risks, regulatory approvals, and dispute resolution under CIPAA or arbitration, we help clients safeguard outcomes and stay compliant. Whether you're building residential developments, commercial towers, or public infrastructure, we offer practical legal support tailored to the realities of your project environment.

Meet Our Dispute Resolution Lawyers

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How We Can Help

Speak to a Construction Law Specialist Today.

Construction issues require timely and precise legal advice. Whether you're revising a contract, managing a project delay, or facing a CIPAA claim, we are ready to assist.

Request a Consultation

Please complete the contact form below to arrange a private consultation with our legal team. Let us assess your situation and help you confidently take the next step.

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    FAQ

    Legal FAQs for Business Clarity.

    What is a variation order and how do I claim for it?

    A variation order arises when there are changes to the scope of work, design, or materials from the original contract. Claims for variations must typically be submitted in accordance with the procedure set out in the construction contract (e.g., PAM or PWD forms), supported by proper documentation and timely notifications. Failure to comply with procedural requirements may result in the claim being rejected.

    How do I pursue a claim for defective works or poor workmanship?

    You may file a claim for defective works during or after the Defects Liability Period (DLP), depending on the nature of the defect. Remedies include rectification, damages, or specific performance. Expert evidence is often required to establish the nature, cause, and cost of rectification.

    What if the contractor or employer fails to make payment?

    Non-payment of certified works, progress claims, or final accounts can be pursued through CIPAA adjudication, court proceedings, or arbitration, depending on the contract. CIPAA provides a fast-track mechanism to recover payments for work done and is commonly used in the industry.

    Can a contractor suspend work for non-payment?

    Yes. Under Section 29 of CIPAA 2012, a contractor has the statutory right to suspend performance for non-payment, provided written notice is served. This right cannot be contractually excluded and must be exercised in compliance with statutory timelines.

    When can a construction contract be lawfully terminated?

    Termination may occur by mutual agreement, for cause (e.g. breach, insolvency, abandonment), or pursuant to express contractual rights. Wrongful termination can expose the terminating party to substantial damages. Legal advice should be sought before exercising termination rights.

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