Construction & Projects

Full Cycle Capabilities – Front-End Advisory to Dispute Resolution

We understand that clients in the construction, infrastructure sectors or operating any project work require clear, actionable, and commercially aligned legal guidance. Our firm prides itself on our full lifecycle capabilities in assisting clients from these industries from helping clients mitigate front-end risk by offering pre-tender advisory including formation of consortium or special purpose vehicle (SPV), standard form of contracts review, amendments and preparation services including ad-hoc, sub-contracts advisory, project management and dispute avoidance, to resolve high-stakes disputes when they arise whether through litigation, arbitration, statutory adjudication (CIPAA) or other alternative dispute resolutions (ADR). 

Our team has advised and acted for government-linked companies (GLCs), project owners, employers, main contractors, sub-contractors and foreign project participants spanning across industries like construction, renewable energy, transportation and infrastructure. We stand ready to deliver that same trusted support to new clients in these industries.  

Core Areas of Practice

Full Project Lifecycle & Strategic Advisory

We guide clients from early-stage structuring through to practical completion, commissioning, and final account closure. 

  1. Pre-tender Advisory: advising on matters related to pre-tender process including formation of joint-venture, consortium or special purpose vehicle.  
  2. Project structuring and procurement: advising on optimal delivery methods, including EPC, EPCM, Design & Build, Turnkey, PPP, and joint ventures.
  3. Front-end risk management: identifying and auditing risk exposure, distribution and minimisation regarding time, cost, variations, site conditions, latent defects, and performance guarantees before contracts are executed.
  4. Live project administration: delivering real-time strategic counsel during construction to manage variation orders, extension of time (EOT) applications, liquidated damages (LD), and loss and expense claims before they escalate. 

We draft, review negotiate, and tailor standard forms and bespoke construction agreements to align with project commercial drivers. 

  1. Standard form contracts: deep familiarity with domestic and international standard forms, including FIDIC, PAM, PWD/JKR, IEM, NEC, and JCT.
  2. Bespoke agreements: crafting customised contracts for non-standard or highly complex procurement structures.
  3. Interface and subcontract management: aligning back-to-back obligations across main contracts, subcontracts, specialist supplier agreements, and consultant appointments. 

When formal dispute resolution becomes necessary, we leverage our deep sector knowledge and formidable arbitral experience in representing our clients.  

  1. Arbitration forums: representation in arbitrations administered under leading institutional rules including AIAC, SIAC, ICC, HKIAC, and LCIA as well as ad hoc proceedings.
  2. Technical Expert Management: Collaborating with top delay analysts, quantum experts, engineering consultants, and forensic accountants to build compelling technical claims.
  3. Key issues handled: managing complex claims involving critical path delays, acceleration, defective work, wrongful determination or termination, and calls on performance bonds. 

Cash flow is the lifeblood of any project. Our team possesses deep expertise in statutory adjudication under the Construction Industry Payment and Adjudication Act 2012 (CIPAA). 

  1. Initiating & defending payment claims: strategic preparation of payment claims, payment responses, and full adjudication pleadings for both claimants and respondents.
  2. High Court applications: representing clients in High Court proceedings to enforce adjudication decisions (Section 28 of CIPAA), apply for stay of execution (Section 16 of CIPAA), or set aside decisions (Section 15 of CIPAA).
  3. Post-adjudication remedies: exercising statutory rights including suspension or reduction of work progress (Section 29) and direct payment requests from principal parties (Section 30). 

We represent clients across the entire judicial spectrum, from specialist trial courts to appellate forums, while also employing strategic ADR mechanisms to achieve commercially practical outcomes without prolonged litigation.  

  1. Specialist construction courts: Litigating complex claims before dedicated High Court Construction benches and appellate courts. 
  2. Injunctions and interlocutory proceedings: Seeking or resisting pre-action interim measures, including urgent injunctions to restrain calls on performance bonds or unconscionable conduct.
  3. Mediation and dispute avoidance: Facilitating structured settlements, mediation, and expert determination to preserve commercial relationships and avoid prolonged legal costs. 

Related Insights