Kevin Richard Nathan

Kevin Richard Nathan is the Deputy Managing Partner of Nazmi Zaini Chambers and leads the Firm’s Projects & Infrastructure practice group. His legal career spans both top-tier law firms and in-house counsel roles equipping him with a comprehensive perspective across both advisory and contentious matters.

Kevin’s core expertise lies in the structuring, negotiation and execution of large-scale infrastructure and construction projects. He routinely advises clients on engineering and construction-related agreements including EPC contracts, consultancy agreements and contract administration frameworks. His transactional work also extends to commercial and corporate agreements such as shareholders’ agreements, share subscriptions and the acquisition and disposal of high-value assets.

On the dispute resolution front, Kevin frequently represents clients in adjudication proceedings under the Construction Industry Payment & Adjudication Act 2012 (CIPAA) as well as arbitration and civil litigation arising from complex project and construction disputes.

In addition to his legal practice, Kevin is an HRD Corp Certified Trainer and regularly conducts legal and regulatory training for organisations across various sectors.

• Represented a subsidiary of a public listed sustainable environmental and energy solution company as the borrower in its proposed financing of up to RM580 million in relation to the development and construction of a 100MW electricity generating facility in Sabah, Malaysia. Kevin and the team act as the borrower’s solicitors in finalising the principal terms and conditions for the financing, the facility documents as well as security documents for the financing to ensure all our Client’s rights are protected.
• Represented the Client in overseeing the legal documentation on the engineering, procurement, construction and commissioning of 50MW which located in Bidor, State of Perak in Malaysia which sits on 181 acres of leased land. In this deal, Kevin and the team are tasked with the legal review of the power purchase agreement between the Client and Tenaga Nasional Berhad, the largest electricity utility provider in Malaysia and leading utility company in Asia as well as advising Client in relation to the essence of time in such transaction. Additionally, we are also tasked with drafting and finalising the EPCC Contract.
• Acted for the Main Contractor in the drafting and negotiation of a Design & Build contract for the construction of an Automated People Mover (APM) worth RM743million located in one of the airports in Malaysia. Our role focused on ensuring the contract clearly outlined the main contractor’s responsibilities and protected their interests throughout the project lifecycle.
• Acted for the developer of a residential project in negotiating liquidated ascertained damages (LAD) claims with multiple purchasers arising from delays in delivering vacant possession. Initially, the total LAD claim amounted to approximately RM3million. Through strategic and innovative negotiations over three months, we successfully reduced the LAD liability to under RM1.5million, achieving significant financial savings for our client. Our tailored negotiation approach balanced the purchasers’ concerns with the developer’s interests, helping to preserve the project’s viability while mitigating the financial impact of the delays.
• Represent a statutory body in AIAC-administered arbitration proceedings against a private company arising from a concession agreement involving a high-value asset in Malaysia. The dispute originated from operational disruptions caused by the COVID-19 pandemic in 2020, leading to the statutory body’s termination of the concession agreement. Following termination, the private company initiated arbitration claiming approximately RM200 million, including allegations of wrongful termination. In response, the statutory body denied these claims and filed a counterclaim of around RM190 million, which includes unpaid profits under the concession agreement and claims relating to incomplete Fit-Out Works required under the contract.

• Dispute Resolution
• Projects & Infrastructure
• Advisory & Compliance

• Project Development & Financing
• Acquisition & Disposal of Projects
• Joint-venture, Partnership & Collaboration
• EPCC and O&M
• Construction & Engineering Agreement
• Power & Renewable Energy
• Regulatory Impact Analysis
• Interior Design & Refurbishment
• Land & Township Development
• Public Utilities & Critical Infrastructure
• RFPs, RFQs & Tender Process
• Mediation, Adjudication & Arbitration
• Commercial & Retail Leasing and
• Tenancy

• Member of the Malaysian Bar

• Bachelor of Laws (LL.B) (Hons.), Multimedia University