Halim Hong & Quek specialises in construction law, providing expert guidance on energy, engineering, and infrastructure projects in Malaysia. With a strong track record as lead counsel in Malaysian courts, the firm represents multinational corporations and government-linked companies in a wide range of construction disputes, including payment matters, contract termination, delays, performance bonds, defects rectification and liquidated damages. They excel in adjudication and arbitration proceedings, offering comprehensive legal support throughout the entire lifecycle of building and construction projects. Partner Sanghvi Ankit is a key partner to note.
In a construction matter, the firm secured a significant victory in a complex construction dispute involving performance bonds. Partner Ankit successfully represented a developer against a contractor's attempt to prevent the release of performance bond proceeds in a project valued at over RM600 million ($126 million). The High Court's September 2023 decision set an important precedent in Malaysian construction law by clarifying that beneficiaries of performance bonds can present evidence of losses after making a demand on the bond, effectively addressing the ‘over-securitisation’ argument. This landmark ruling establishes that developers need not demonstrate their losses at the time of making the demand but can present supporting evidence during subsequent proceedings. While the matter is pending appeal, the parties have moved towards settlement, with the next case management scheduled for January 2025.
Some of the other publishable clients are Pengurusan Air Selangor, PJ Midtown Development and Real Estate and Housing Developers’ Association Malaysia (REHDA).
