LIM ENG CHONG
LIM ENG CHONG
B.Sc, LLB, MIEM, P Eng, CLP
Advocate & Solicitor of the High Court of Malaya (not in practice)
DOB: 21st October 1957
Civil Engineering Construction/Contract/Arbitration:
A Civil Engineer with three years experience in design, six years in construction, three years
in construction planning, and another twenty years as a construction contracts specialist. The
last included considerable involvement in rates negotiation / checking as well as involvement
in formal dispute resolution and litigation working together with lawyers.
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Contractual Claims
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Delay and disruption
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Contract terms and conditions
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Drafting of construction contracts
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Contractual advice
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Dispute advice
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Arbitration support
Responsibilities / Highlights of Experience:
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Associate Director for Trett Consulting Malaysia (up to major restructuring in Dec, 2001)
and currently Director of G&P Claims & Contracts Sdn Bhd, concurrently being a Director
of Axiom Consultants since September 2007.
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Civil Engineer with who is also a (non-practising) member of the Malaysian Bar
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Arbitration advice and counsel
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Advice to Clients on commercial and contractual problems
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Claim preparation, defence, assessment and negotiation
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Drafting and reviewing Contract Conditions
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Insurance claims and investigation
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Delay and extension of time analysis
360 Engineering Consultancy Sdn Bhd
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LIM ENG CHONG
Seminars:
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Regular speaker at seminars including to Institution of Engineers, Malaysia, Pertubuhan
Akitek Malaysia, Institution of Surveyors, Malaysia as well as to private conference
organizers. The papers can currently be downloaded at:
www.gnpgroup.com.my/services_claims.asp
Books:
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Updated the prestigious reference “Halsbury’s Laws of Malaysia Building &
Construction” title for Malayan Law Journal jointly with Mr Lim Chong Fong, for 2006
release.
Updated the proposed 2012 release of “Halsbury’s Laws of Malaysia Building &
Construction” title for Malayan Law Journal jointly with Mr Lim Chong Fong. Awaiting
publication.
Qualifications:
B. Sc. (Hons) Civil Engineering, Manchester University - 1979
LLB (Hons) Wolverhampton University - 1996
Member, Institution of Engineers Malaysia since 1987
Professional Engineer registered with the Board of Engineers, Malaysia since 1987
Certificate in Legal Practice, 2000
Called to the Malaysian Bar on 17 January 2003
Key Experience:
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A construction contracts specialist whose work has largely been in heavy civil engineering
in particular highways / dams / water supply. His contracts experience spans the whole
range of the contracting process from pre-award negotiations through administration to
accounts finalisation including disputes resolution.
His not inconsiderable experience in the engineering aspects of the civil engineering
process puts him in a unique position to be able to understand disputes taking into account
constructional / engineering problems.
Job History
2008-present Director Axiom Consultants Sdn Bhd
(concurrently with Directorship of G&P C&C)
2005-present Director, G&P Claims & Contracts Sdn Bhd
2003 – 2004
Seloga Jaya Sdn Bhd
360 Engineering Consultancy Sdn Bhd
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LIM ENG CHONG
2003
William Leong – as an Advocate & Solicitor specialising in construction
contracts disputes.
2002
Chambered with Bodipalar Ponnudurai Nathan
1999 – 2001
Trett Consulting (Malaysia) Sdn Bhd
1994 - 1999
United Engineers (M) Sdn Bhd
1989 - 1994
Percon Corporation Sdn Bhd
1988 - 1989
Antah Biwater Joint Venture
1986 - 1987
Balfour Beatty Maju Sdn Bhd
1984 – 1986
Promet Fabricators Sdn Bhd
1979 - 1984
Muda Agricultural Development Authority
G&P Claims & Contracts Sdn Bhd and/or Axiom Consultants Sdn Bhd
Director (the following is necessarily a limited list of all works done)
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Claims for a extension of time and variations for a contractor in respect of a contract
for the drilling, blasting, and filling of 13 million m3 of rocks (carried out employing
PWD 203 Form).
Contract administration for a major Japanese contractor constructing four sewage
treatment plants. Engagement mostly involved claiming for variations and extensions
of time (time and costs), Contract based on FIDIC Form of Contract.
Involved in the negotiations and drafted letters and documents for a JV partner in the
termination of the employment of the JV as a partner for a construction contract on the
Gerbang Perdana project.
Contract administration for a contractor for a RM 300+ Million high end apartments
development consisting of 3 tower blocks of average 43 stories each. Emphasis of
appointment is to secure extension of time.
Preparation of loss and expense claim for Gerbang Perdana S/B’s sub-contractor
following determination of Gerbang Perdana’s employment as the turnkey contractor
for the “Scenic Bridge” project.
Advised and drafted letters for a contractor alleged by its employer to have caused
differential settlement in a housing project involving 5 million m3 of rockfill.
Drafting correspondences for protecting design and build contractor’s interests on a
bored piling and deep basement project. This involved understanding of both
contractual and engineering issues and required an integrated approach to the
engineering/contract.
Work together with lawyer in the drafting of defence for a contractor involved in
arbitration in respect of a contract for structural works
360 Engineering Consultancy Sdn Bhd
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LIM ENG CHONG
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Advised client and drafted applications for variations and extensions of time for a
client involved in the construction of a “state of the art” building for a RM 210 Million
building for an East Malaysian state government.
Drafting of correspondences to position a contractor to determine its employment with
a developer which was in serious default in effecting payment. Advised on strategy to
lead up to arbitration.
Drafted letters for main contractor to box girders supply and install sub-contractor in
connection with the collapse of the box girders onto the NKVE and attendance at
negotiations meetings.
Advised contractor facing problems in respect of grading of dredged materials
(dredged and decanted by another contractor) required to be placed at permanent dump
site in respect of the desilting of the Ringlet Dam, Cameron Highlands.
Advised contractor for SCADA system for SMART Tunnel on entitlement amounting
to RM 5 Million in respect of varied works carried out.
Drafted main contract and consortium agreement for the 2nd Penang Bridge main
contract using the FIDIC Design & Build Form of Contract.
Prepared counter claim for defendant in litigation against a supplier of pre-mix
material following breach of agreement to hold price of materials for duration of
project. Amount in dispute about RM 2 Million.
Involved in all stages of arbitration between contractor and developer in a contract for
two towers of high end development in Solaris Mont Kiara. Contract sum is RM 58
Million and amount in dispute RM 4.5 Million. Dispute is over LAD and entitlements
to variation orders.
Quantification of claim and drafting of witness statements (in arbitration) for materials
price escalation of RM 1.35 Million by developer against joint venture landowner.
This was caused by delay of 13 months resulting from encumbrances on the land and
development consequential from misrepresentations by land owner in the joint venture
agreement.
Advised lawyer and client in drafting defence and counter claim in arbitration for
design and build of sewage suction system for development in Sepang Gold Coast.
Allegation of system not having sufficient capacity at ends of sewage lines.
Advised and retained by main contractor to advise on all contractual entitlements
(variations, extensions of time) in respect of transportation hub being constructed in
Johor Bahru.
Retained to administer contract for major contractor for a major three towers high end
residential development for RM 300+ Million within KL’s “golden triangle”.
Emphasis is on EOT as project suffered a 12 months’ delay.
Extensions of time notifications and justifications for a RM 300+ Million development
for three high rise blocks near Kota Damansara.
Extensions of time notifications and justifications for a RM 300+ Million development
for three high rise blocks along Jalan Bukit Ceylon.
Drafted back-to-back sub-contract for use by “in-house” contractor for a developer.
Work with lawyers in drafting affidavits and submissions for court actions.
360 Engineering Consultancy Sdn Bhd
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LIM ENG CHONG
Seloga Jaya Sdn Bhd
Claims Manager
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Handled, drafting, and vetting of documentation of all litigation, disputes, and claims
in connection with construction contracts. Done in conjunction with external lawyers.
Negotiations to resolve disputes.
Drafting of contracts, sub-contracts, and letters of awards including for a project for
the construction of a bitumen manufacturing plant in Kemaman. This includes the
company’s standard form of sub-contract and subsequent amendments thereto.
William Leong, Advocates & Solicitors
Advocate & solicitor specializing in construction contracts disputes including the following:
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Injunction in connection with the termination of a highway construction contract for
RM 104 Million and claim for wrongful termination in connection therewith.
Dispute over payment for piling sub-contract. The main contractor his disagreed to pay
for replacement piles driven in place of piles which failed to reach set.
Termination of a sub-contract for RM 54 Million on the Ipoh-Rawang Double Track
Rail Project.
Advice on the preparation of expert opinion report on constructional methods in
connection with the defence to an action by adjoining property owner for loss of
business.
Chambering with BODIPALAR PONNUDURAI NATHAN (litigation lawyers)
Chambered with Mr Anand Ponnudurai who specializes in employment matters.
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Drafting of pleadings for employment disputes.
Drafting of opinions for contractual disputes.
Taking and preparation of notes of court hearings.
Trett Consulting Malaysia
Associate Director
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Dispute resolution between Contractor and Sub-contractor on the construction of
apartment housing for Commonwealth Games, sub-contract valued at RM 22 Million,
sum in dispute of about RM 2.0 Million.
Planning and preparation of an Extension of Time claim valued at RM2.3 Million for
an oil and gas construction project.
Preparation of claim for variation orders and negotiations with a major American
contractor in respect of civil works for an oil and gas plant in Kerteh.
360 Engineering Consultancy Sdn Bhd
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LIM ENG CHONG
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Drafting of contract for waste incineration plant to be constructed at Bkt Nanas.
Compilation and tabulation of bundle of documents in connection with an arbitration
arising out of the steel works for an electronic components factory.
Successful resolution of a dispute for RM 7+ Million on a RM 35 Million contract for
the laying of the main water mains in Putrajaya. Dispute involved issues of delay and
extension of time, liquidated damages, and Contractor’s entitlement to be paid costs.
United Engineers (M) Sdn Bhd
General Manager, Contracts
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Responsibilities include conduct or overseeing tender negotiations with subcontractors on rates, settlement of claims by sub-contractors and drafting Letters of
Awards and other agreements (including acceleration, extension of time supplementary
agreements) for all projects in the construction division including the North South
Expressway Central Link, National Sports Complex, and Commonwealth Games
Village. (Total value of contracts RM 2.1 Billion).
Vetting and finalisation of final accounts.
Percon Corporation Sdn Bhd
Planning and Contracts Manager/ Sen Quantity Surveyor (M&E)
North-South Expressway - Packages 5B and 6B-2 - total value RM 180 Million
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Responsible for both contracts and planning aspects of the contract works.
Involvement in contracts involved the spectrum of contract administration including
contentious issues and cash flow forecasting and monitoring.
Planning responsibility covered both programming as well as engineering aspects of
construction including setting out, minor design works, and preparation of method
statements.
Sri Manjung District Hospital - value RM 73 Million
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Responsible for quantity surveying and contract administration for electrical and
mechanical sub-contractors.
Antah Biwater Joint Venture
Site Engineer
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Played a dual role of Quality Control and Progress Monitoring. Responsibilities
include all aspects of quality assurance, ensuring compliance with the drawings,
360 Engineering Consultancy Sdn Bhd
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LIM ENG CHONG
liaison with the Area Office for design changes to suit site conditions, monitoring free
issue materials, preparation of monthly reports and monthly progress measurement.
Balfour Beatty Maju Sdn Bhd
Dam Section Engineer
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Dam Section Engineer responsible for all technical aspects of dam rock fill (700,000
cu m), critical upstream face slab trimming and sealing, rock quarry and crusher
monitoring, quality control, design of dam internal roads and survey and setting out
computations.
Promet Fabricators Sdn Bhd
Site Manager
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Site Manager responsible for all aspects of infrastructure development (roadworks,
sewerage and land reclamation) of the resort. Duties included progress reporting,
survey and setting out, quality control and monthly measurements.
Muda Agricultural Development Authority
Assistant District Engineer / Planning Engineer
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Assistant District Engineer responsible for all constructional works in the district such
as construction of offices, farm roads, drains and canals.
As Planning Engineer, responsibilities include design and preparation of tenders of
irrigation infrastructure such as control gates and bridges. Also involved in a study
with Japanese Consultants on the problem of damage to farm roads which involved
field compaction trials and laboratory work.
Languages:
Fluent in English and Bahasa Melayu; speak fluent Hokkien; some knowledge
of written and spoken Mandarin.
360 Engineering Consultancy Sdn Bhd
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