Chris Tan is a Partner in Christopher & Lee Ong’s Projects & Infrastructure practice group.
Chris’ practice primarily focuses on non-contentious matters relating to energy and infrastructure, projects and construction. He has experience in front-end drafting, advisory and project management works in various projects including infrastructure and property development projects, conventional and renewable energy projects, data centre projects and rail projects. He has drafted, advised on and/or completed negotiations in relation to project documents, including services agreements, supply agreements, concession agreements, power purchase agreements, engineering, procurement and construction contracts, operation and maintenance agreements, gas sales agreements and electricity supply agreements.
Chris’ experiences further extend to arbitration, adjudication and court litigation, particularly on energy and construction disputes.
Apart from English and Malay languages, Chris is also fluent in Chinese (Mandarin) and is able to advise clients and draft documents in Chinese.
Notable cases & transactions
Projects and Infrastructure
- Advised a leading carrier-neutral hyperscale data centre solution provider in Asia-Pacific markets on the drafting, review and standardisation of the suite of agreements to be used in the clients’ future data centres projects in Malaysia, including Installation Agreement, Supply and Installation Agreement, Supply and Installation Supervision Agreement, Consultancy Agreement, Maintenance Services Agreement, Design and Build Contract and Construction Contract.
- Engaged on a retainer basis by a leading carrier-neutral hyperscale data centre solution provider to advise on all its existing and future data centre projects in Malaysia.
- Acted for an entity of the Ministry of Finance of Malaysia on the design, construction, operation & maintenance of transmission and distribution interconnection facilities (132kv transmission and substation) for the 665km East Coast Rail Link in Malaysia.
- Acted for the largest electricity utility in Malaysia in the drafting of the operation and maintenance agreement and billing services agreement for its project on electric vehicle (EV) charging services.
- Acted for the master developer of the financial district in Kuala Lumpur, Malaysia which is wholly-owned by the Ministry of Finance of Malaysia on the agreement to build and lease and the lease agreement of a commercial building, including drafting and advising on the relevant project agreements.
- Acted for a semiconductor facility for assembly and testing of integrated circuits in the drafting, review and standardisation of a master construction services agreement to be used in client’s future projects in Malaysia.
- Advised one of the largest public-transport companies in Malaysia on a tender for EV buses, including the drafting of the purchase and maintenance agreements and lease agreements.
- Acted for the client on the design, engineering, procurement, construction, commissioning and testing of a 1,200MW combined cycle gas turbine power plant in Gurun, Kedah, Malaysia, including drafting of the project agreements and advising on various project issues.
- Acted for the largest electricity utility in Malaysia in the drafting of the turnkey contract for the design, supply, delivery, installation, integration, testing and commissioning of a communications and head-end system for an advanced metering infrastructure (AMI) project in Seremban, Negeri Sembilan.
- Advised a Middle East state-owned renewable energy company on setting up renewable (solar and wind) energy business in Malaysia, including issues relating to setting up company/branch in Malaysia, permits / licences required for intended business, investment in Malaysia, occupational safety and health requirements, environmental requirements, employment requirements, land rights/issues and foreign exchange control.
- Acted for a wholly owned subsidiary of an integrated infrastructure developer in Malaysia on a rooftop solar project, including drafting and advising on the solar power purchase agreement on a build-operate-transfer (BOT) basis.
- • Acted for the client in the drafting, review and revision of the project agreements relating to a dairy farm project in Malaysia, including equipment installation contract, equipment supply contract, management services agreement and technical support contract.
- Advised a global lithium battery company on the gas supply agreement and the electricity supply agreement for its manufacturing plant in Malaysia.
- Advised on, reviewed and drafted the construction documents for a rail project within Malaysia and up to the border of Malaysia, including the build-only and design and build contracts and assisting with the drafting of the employer’s requirements.
- Advised an independent power producer on the development, financing, construction, operation and maintenance of a 180 MW reservoir hydroelectric project in Laos, including advising, negotiating and drafting project documentation such as the concession agreement, power purchase agreement, EPC contract and O&M contract.
- Advised an independent utility on the development, financing, construction, operation, and maintenance of a 150MW CCGT power plant project including advising, negotiating and drafting the project documentation including the EPC Contract, the O&M Contract, Gas Sales Agreement, long-term service agreement and electricity supply agreements for its customers.
- Advised the employer, drafted and negotiated power purchase agreement, EPC contract, O&M contract and energy savings performance contract for a private solar project to be implemented in over 30 campuses of a university.
- Advised a multinational company in drafting templates for its “build only” and “design and build” building contracts to be used for its projects around the Southeast Asia region.
- Advised the client, Malaysia’s national oil and gas company, on a compliance exercise regarding amendments to the occupational safety and health legislations.
- Advise a leading expressway operator on issues relating to the operation and maintenance of highway and changes in toll rates under a highway concession.
- Advised an international supplier of solar photovoltaic plants on issues relating to the generation and supply of electricity in Malaysia under private power purchase agreements.
- Advised on a dispute between the main contractor and a subcontractor in relation to a mega-tall skyscraper in Kuala Lumpur, Malaysia. The dispute concerned the extension of time and loss and expense claims.
- Advised a Bidder in the submission of a bid for LSS 3, including doing a risk analysis of the power purchase agreement and drafting term sheets for the EPC contract and O&M contract.
- Advised the client on a complex compliance exercise regarding amendments to legislation affecting the operations of their petrochemical and refinery plant.
Disputes
- Represented a prominent engineering and construction services provider from China in SIAC arbitration against the employer in a dispute relating to a solar photovoltaic power plant in Myanmar.
- Represented a prominent developer in AIAC arbitration against the architect and PAM arbitration against the main contractor respectively relating to a sea life project in Johor, Malaysia. The dispute concerned common construction issues of delay and extension of time claims.
- Represented a prominent developer in AIAC arbitration concerning mixed development projects in Selangor and Pahang, Malaysia against the main contractor. The dispute concerned common construction issues of delay and extension of time claims and the issues relating to the legality of the determination of the main contractor’s employment.
- Represented a prominent developer in defending against the claims by the main contractor for payments of works done relating to a housing development project in Pahang, Malaysia. The dispute concerned common construction issues of delay and extension of time claims and the issues relating to the legality of the determination of the main contractor’s employment.
- Represented employers in applications to set aside or stay CIPAA adjudication awards and to resist the enforcement applications by the contractors.
- Represented contractors in applications to enforce CIPAA adjudication awards and to resist the setting aside/stay applications by employers.
- Represented a prominent developer in successfully resisting an application for injunction against the demand made by the developer on a performance bond provided under the construction contract.
- Represented a chemical company in a dispute on electricity supply agreement against the supplier. The dispute largely centered around the issues of take-or-pay and minimum offtake, as well as the issues of estoppel and acquiescence.
- Represented a prominent developer in Johor, Malaysia in multiple disputes against local and foreign purchasers in all levels of courts.
