Terence Loh
partner
Terence’s practice is focused on construction & engineering, energy & utilities and oil & gas industries. He advises clients on bespoke contracts for the construction and oil and gas industries and usual standard forms of contract such as FIDIC, JCT, PAM and PWD Standard Forms. Terence also provides on-project consultancy services.
Terence regularly appears in Malaysian Courts, and in domestic and international arbitrations. He has also represented clients in other forms of dispute resolution process such as adjudication, mediation and expert determination.
His experience sitting as arbitrator and adjudicator includes: -
- Disputes between Employer and Main Contractor on value of work done and set-offs arising from materials procurement and rectification of defects for various mixed developments;
- Disputes involving claims for value of work done and release of retention sums;
- Disputes involving under-certification, non-certification of value of work done and release of retention sums for commercial developments.
His experience in claims advisory, and as counsel in domestic and international arbitration includes: -
- Water management and care of water, civil works at intake tunnel, water ingress and flooding of transfer tunnel for a hydroelectric project;
- Civil works and mechanical & electrical works for a hydroelectric power station;
- Extension of terms of service of hydroelectric power plants, early retirement part of the plants and adjustment to availability target;
- Design, engineering, manufacture, supply, erection, testing and commissioning of 3 MWp Solar PV Power Plant with associated works on a turnkey basis;
- Design, material selection and damage to turbine blades of a supercritical coal fired power plant due to creep damage and low cycle fatigue;
- Issues arising from an EPCC Contract involving the application of tolerance to Performance Guarantee Test, Guaranteed Net Electrical Output, Guaranteed Net Heat Rate and imposition of performance shortfall liquidated damages for a combined cycle power plant;
- Defects caused by uneven and excessive soil settlement, design of foundation system and existing ground condition of a 500kV Substation;
- Corrosion of copper in the transformer, switchgear and other equipment due to hydrogen sulphide emanating from sewerage treatment plant underneath;
- Design and fabrication of offshore rigid risers and connection to the subsea flexible flowlines;
- Engineering, Procurement, Construction, Installation and Commissioning (EPCIC) of an Integrated Central Processing Platform;
- Provision of Transportation and Installation of Subsea Flexible Pipelines and Risers for wellheads platform and FPSO;
- Corrosion of painting material supplied for Topside Structure;
- Payment for work done, defective works and binding effect of foreign jurisdiction rehabilitation scheme in Malaysia;
- Provision of the equipment and software for wireless remote electricity meter reading system;
- Specialised mechanical and electrical works for a private hospital;
- M&E works for a mixed development in the Middle East;
- Building works for a mixed development project in the Middle East;
- Design and build of an International Convention Centre;
- Piling and foundation works for a financial district in the heart of Kuala Lumpur;
- CONQUAS requirements, defective works, delay and extension of time, and liquidated damages for design and construction of hotel for an international operator;
- Value of works, variation works, value engineering, defective works, delay and extension of time for commercial buildings and mixed developments comprising of office, residential, hotel, retail and F&B.