Construction Matters

Fortifying Your Projects, Resolving Your Disputes

Protecting your cash flow, managing project risks, and resolving complex construction disputes with tactical precision and absolute transparency.

About the service

The construction industry is built on tight margins, strict timelines, and highly complex contractual networks. At T. Gunavati & Partners, we understand that a single dispute over variations, delays, or non-payment can compromise your entire project’s viability. We act as your proactive legal partners, combining rigorous technical mastery of construction law with result-driven dispute resolution strategies to keep your business moving forward.

Meticulous Legal Protection from Groundbreak to Handover

We provide strategic, “Black & White” legal mastery across West Malaysia’s construction and engineering sectors, ensuring clarity and robust protection at every stage of your project.

CIPAA Claims & Adjudication / CIPAA

Utilizing the Construction Industry Payment and Adjudication Act (CIPAA) to swiftly recover unpaid or delayed progress payments without entering lengthy court battles.

Construction Arbitration & Litigation

Representing developers, contractors, and sub-contractors in high-stakes arbitration (PAM, AIAC, FIDIC) and court litigation for complex structural disputes.

Contract Drafting & Risk Management

Reviewing and drafting airtight construction contracts, joint venture agreements, and sub-contractor terms to mitigate long-term liability and structural risks.

Delay, EOT & Variation Claims

Formulating and defending claims relating to Extensions of Time (EOT), Liquidated Ascertained Damages (LAD), and disputed variation orders (VO).

Defective Workmanship Disputes

Resolving severe disputes arising from structural defects, substandard materials, and non-compliance with engineering specifications during the Defect Liability Period (DLP).

Advisory for Professional Consultants

Providing strategic counsel to architects, engineers, and quantity surveyors (QS) regarding professional negligence claims and fee recovery.

4 Steps to Resolution

We maintain a strictly balanced legal approach. Whether aggressively fighting your case in court or drafting meticulous agreements outside of it, our framework is designed to handle every legal variable.

Step 1

Contractual & Document Audit

We dissect your contracts, payment certificates, and project correspondence to uncover your exact legal leverage.

Step 2

Tactical Action Plan

You receive a customized strategy (e.g., statutory CIPAA notice or arbitration roadmap) and a transparent Letter of Payment.

Step 3

Aggressive Execution

Our team rapidly drafts airtight payment claims or defense pleadings, compiling technical evidence with forensic precision.

Step 4

Resolution & Recovery

We aggressively pursue your financial recovery or secure an enforceable tribunal/court order to restore your cash flow stability.

Your Questions, Answered Transparently

Complete financial and process clarity is at the heart of our firm.

The client or main contractor signed the payment certificate but is now ignoring my calls. Can CIPAA help me get my money faster than normal court?

Yes, absolutely. CIPAA (Construction Industry Payment and Adjudication Act) was specifically designed to solve cash flow issues. Once a payment certificate or claim is ignored or underpaid, we can trigger the statutory CIPAA process. It typically delivers a legally binding and enforceable decision within 3 to 5 months, bypassing the heavy time and cost of a standard high court lawsuit.

The project was delayed because of variation orders (VO) from the architect, but now the developer wants to deduct LAD (Late Penalty) from my payment. What should I do?

A developer cannot simply deduct Liquidated Ascertained Damages (LAD) if the delay was caused by their own variations or late instructions. However, to defend yourself, you must prove that you formally applied for an Extension of Time (EOT) according to the strict timelines stated in your contract. We can help you audit your project site diaries, emails, and VO notices to build a solid case that overrides their LAD deductions.

We did some urgent variation works based on verbal instructions on site. Now the QS refuses to certify those works because there is no written VO. Can we still claim for it?

It is a risky position, but not hopeless. While standard contracts (like PAM or PWD) strictly require written VOs, the law sometimes recognizes verbal instructions if there is substantial evidence—such as WhatsApp messages, minutes of meetings, site photos, or if the client has already accepted and enjoyed the benefit of that specific work. We will evaluate your evidence to establish implied confirmation or estoppel to secure your rightful claim.

We just handed over the project, and the employer is holding our retention money. Now they claim there are major defects and refuse to release it. How do we protect ourselves?

During the Defect Liability Period (DLP), the employer must issue a formal, detailed schedule of defects and give you a reasonable opportunity to rectify them. They cannot unilaterally spend your retention money to hire a third party unless you have failed to respond to a valid rectification notice. We can assist you in defining what constitutes a genuine defect versus fair wear-and-tear, ensuring your retention sum is protected from unlawful withholding.

Why Choose Us?

The Four Pillars of Our Practice

Our founder brings over a decade of legal expertise. In May 2025, we established our firm in Masai to break communication barriers. We don’t just provide advice; we are your “Problem Settlers,” ensuring true peace of mind through progressive updates.

Pinpoint Accuracy

We provide properly structured advice and decisive solutions for every case.

Transparent Fees

Clear fee structures from the start (Letter of Payment) with absolutely no hidden costs.

Proactive Response

We emphasize response timing, ensuring tasks are completed within specific, agreed-upon deadlines.

Cultural Sensitivity

Extensive experience serving the Chinese and Indian communities in West Malaysia.

Get a Free
Consultation

Don’t let contractual deadlocks or unpaid certificates paralyse your operations. Contact our construction law specialists for a confidential, risk-mitigation strategy today.

“Let’s secure your cash flow today so you can build with confidence tomorrow.”