Yau Jun is presently a Partner dealing with spectrum of areas which include project development, corporate & commercial, construction & infrastructure, and power related transactions.
His main practices are as follows:
- engineering, procurement, commissioning, and constructions (“EPCC”) of infrastructure related projects, which covers the documentations, preparation, negotiation, and finalisation of, the letter of award, EPCC contract, operations and maintenance contract (O&M), lease contract, joint venture and shareholders’ contract (including any other pre-bid or teaming agreement), off-taking contracts, utility and power supply contracts, and various other documents incidental and required under the relevant project.
- mining and project development related transactions including advising, on the laws applicable at the Federal and State level for mining activities, and compliance aspect for undertaking pre-mining, mining and post-mining activities in compliance with the SOP.
- general corporate and commercial advisory services including documenting, preparing, negotiating, and finalising agreements such as management agreement, services contracts, specific design agreement, supply agreement, power of attorney and other ancillary documents.
- mergers and acquisitions related transactions including documenting, drafting, preparing, negotiating, and finalising assets and/or share sale and purchase agreement, joint venture agreement, and other such ancillary documents.
- hotel operations and management transactions which cover the preparation, negotiation and finalisation of various operation services agreement, design review agreement, license agreement, and other such ancillary documents.
- legal compliance matters – such as compliance with the Board of Engineers and/or Architects Malaysia requirements, Lembaga Pembangunan Industri Pembinaan Malaysia (CIDB) requirements, occupational safety and health, environmental compliance, manufacturing licence application and others.
- review and advise client on the risks exposures relating to various tender documents including concession agreement and grant documents.
- perform and assist clients on their contract administration, daily operational related corporate and commercial advisory services, especially providing legal inputs, including drafting and negotiation of documents related to a project or to a client.
Some of Yau Jun’s notable transactions, which are not exhaustive, are as follows:
- Advised on the laws applicable at the Federal and State level for high profile mining activities, and compliance aspect for undertaking pre-mining, mining and post-mining activities in compliance with the relevant standard operating procedures. The transaction involved conducting site visit, strategizing and structuring the best suited commercial arrangement and structure to enable the client to undertake the relevant mining activities.
Tunnel and Highway
- Assisted and advised on the feasibility studies and preliminary works related agreement in respect of a development and construction of a highway tunnel project in Malaysia.
- Advised an investee company in its bidding exercise for the development, design, construction, operation and maintenance of a 365,000tpa waste to energy waste treatment facility in Malaysia, including drafting the term sheet for the engineering, procurement and construction contract, the operation and maintenance agreement, technology agreement and providing legal advice on the project structure.
- Advised an investee company of the national strategic investment fund on both the engineering, procurement, commissioning, construction, as well as the operations and maintenance, of a 100tpd scheduled waste to energy plant complete with interconnection facilities in Malaysia.
- Advised an investee company on the design, development, construction, and completion of a special one-of-its-kind landfill, including drafting, amending, negotiating, and finalising the construction contract.
Food & Beverage
- Advised a multinational conglomerate involved primarily in the beverage industry, including reviewing, amending, and commenting, on its construction contracts templates (including other documents related to such relevant construction contracts), to be adopted, as master copies, by its contractors and suppliers, as part of contract documents.
- Represented an investee company in acquiring the right to act as the sole and exclusive business development agent concerning one of the largest, if not the largest, franchise restaurant brand and business. The completion of the transaction driven approximately 130 or more existing restaurants’ business to a new height, which include endeavours to remodel and renovate all existing restaurants.
- Represented a well-known business operator (including A&W Malaysia) in advising and drafting various tenancy and lease agreements from the perspective of both the landlord and tenant.
Hotels and Casinos
- Advised an investee company, as its foreign counsel, on a cross border sale and purchase of casino cum hotel transaction, including drafting and advising on the sale and purchase agreement, management agreement, security bonds, and other ancillary documents.
- Assisted and advised a service provider on the development, operation, and management of a newly built hotel, on a centralised basis, including advising, amending, negotiating and finalising the centralised services agreement, design review agreement, operating services agreement, license agreement, and other such ancillary documents.
Other Significant Project Developments and Corporate Exercises
- Advised an international investee company concerning a proposed development of a large-scale servicing facility on a build and lease format. The foregoing includes development, construction, commissioning, completion, and leasing of the completed servicing facility. Some other notable points, to be highlighted, in relation to such transaction include advising on guaranteed maximum price concept and the rent payment structures.
- Advised an international investee company concerning a proposed development of a factory on a build and lease format. The foregoing includes development, construction, completion, and leasing of the completed factory.
- Advised an investee company on its proposed acquisition of a power plant, which is of cross-border nature. The transaction involved reviewing and commenting on various legal documents and contracts including the power purchase agreement, EPCC, and operations and maintenance agreement.
- Represented an investee company in relation to a proposed rescue and take-over of a loss-making utility facility on a build, own, operate, and transfer (“BOOT”) concept. The foregoing includes advising on land, easement, and encumbrances related matters, as well as drafting other BOOT documents such as construction agreement, operations and maintenance agreement, lease agreement, performance securities, and such other relevant documents.
- Advised a well-known international conglomerate on 7 separate tender submissions to various employers which includes reviewing and advising on the various tender documents. The foregoing includes drafting proposed deviations to be submitted.
- Advised an investee company on its expansion of various materials handling system for conveyor line in respect of a terminal, including drafting the engineering, procurement and construction contract, and all relevant documents connected therewith.
- Advised an investee company on the development and laying of fibre optic cables in a Southern State of Malaysia, including drafting, advising, and finalising the development and construction contract, and other such ancillary documents.
- Member, Malaysian Bar
- Author, “Ensuring Timely Payment in Construction Industry”, the Sun (26 May 2014)