Construction, Engineering & Arbitration

Practice Area

Construction, Engineering & Arbitration

Construction Contracts, Project Claims & Dispute Resolution

We assist contractors, subcontractors, developers, consultants and project owners with construction and engineering matters — from contract drafting and risk management to resolving payment, delay and defect disputes through litigation, adjudication or arbitration.

Construction & Engineering Law Overview

Construction and engineering projects often involve tight timelines, complex technical scopes and multiple parties. Clear contracts and timely legal advice can significantly reduce the risk of disruption, non-payment or disputes.

We provide legal support across the life cycle of a project — from pre-contract review to final account and, where necessary, formal dispute resolution.

Our Construction, Engineering & Arbitration Services

Construction & Engineering Contracts

  • Reviewing and drafting construction contracts and subcontracts
  • Advising on standard forms and bespoke agreements
  • Scope of works, variation and extension of time clauses
  • Payment terms, milestones and retention clauses
  • Risk allocation, indemnities and limitation of liability

Project Advisory & Risk Management

  • Pre-contract negotiation and contract strategy
  • Advising on project correspondence and notices
  • Guidance on delays, disruptions and variations
  • Documentation of claims and contemporaneous records

Claims, Disputes & Arbitration

  • Payment and non-payment disputes
  • Delay, disruption and extension of time claims
  • Defects, rectification and performance issues
  • Termination and repudiation of contracts
  • Litigation, arbitration and other dispute resolution processes

Adjudication & Alternative Dispute Resolution

  • Adjudication for construction payment disputes
  • Mediation and negotiation to achieve commercial settlements
  • Arbitration strategy and case management

Typical Construction & Engineering Issues We Handle

Payment & Cash Flow

Outstanding progress claims, retention sums, final account disputes and non-payment issues.

Delays & Extension of Time

Delay claims, EOT applications, liquidated damages and time-related disputes.

Defects & Performance

Alleged defects, testing and commissioning issues, rectification obligations and warranties.

Variations & Scope Changes

Valuation of variations, changes to scope, additional works and disputes over instructions.

Termination & Suspension

Contract termination, suspension of works and consequences of repudiation.

Professional & Consultant Issues

Disputes involving consultants, engineers, certifiers or project managers.

Our Approach to Construction & Engineering Disputes

We focus on realistic outcomes, early risk assessment and clear documentation, with a view to resolving disputes efficiently where possible.

Step 1

Project Background & Document Review

We review the key contract documents, correspondence and project timeline to understand the issues.

Step 2

Issue Identification

We identify legal and factual issues including delay, defects, payment or scope disputes.

Step 3

Options & Strategy

We set out available options — negotiation, adjudication, arbitration or litigation — and likely implications.

Step 4

Implementation

We help prepare notices, claims, responses and supporting documents in line with the chosen path.

Step 5

Resolution & Follow-Through

We support you through hearings, negotiations and settlement, and advise on enforcement where needed.

Why Engage Us for Construction, Engineering & Arbitration Matters

  • Practical understanding of project realities and commercial pressures
  • Clear explanation of rights, risks and options
  • Support for both front-end contract work and back-end disputes
  • Experience with multi-party, document-heavy matters
  • Focus on cost-effective, outcome-driven strategies

Frequently Asked Questions

When should I speak to a lawyer about a construction dispute?

It is generally better to seek advice early — for example when delays, non-payment or disputed instructions first arise — so that notices, records and correspondence are handled correctly.

Can disputes be resolved without going to court?

Many disputes can be resolved through negotiation, mediation, adjudication or arbitration. Court litigation is one option, but not always the first or only one.

What documents should I prepare before the first meeting?

Useful documents typically include the construction contract, variation orders, progress claims, certificates, correspondence, site records and any photographs or reports relevant to the issues.

Do you also handle arbitration?

Yes. We advise on arbitration clauses, strategy, pleadings, evidence and representation in arbitration proceedings.

Speak to Our Construction & Arbitration Team

If you are involved in a construction or engineering project and need advice on contracts, claims or dispute resolution, our team can help you understand your position and next steps.

Phone: +603 3325 7280
WhatsApp: +60 16-244 3367
Email: general@dmplegal.com.my
Contact Form: Submit an enquiry