- Advising a PIF development company on its real estate, construction and infrastructure programmes in Saudi Arabia, including procurement and contract strategy, and the preparation of suites of contractual documentation in English and Arabic for major multi-billion-dollar real estate and infrastructure developments. This included Malak advising on documentation for both the construction and operational phases, acting as project counsel and providing dispute-avoidance support during project execution.
- Advising regional and international developers on the structuring and delivery of data-centre projects in the Middle East, including procurement and contracting strategies, risk allocation, regulatory considerations, and the drafting and negotiation of full suites of project documentation, including design-build contracts and novation agreements, to support the development, operation and long-term maintenance of data-centre facilities.
- Acting for a PIF development company on the redevelopment of Makkah, including advising the procuring authority in connection with a major design competition, drafting consultancy documentation, and preparing a bilingual suite of template contracts for a multi-billion-dollar infrastructure programme in the Kingdom. This included FIDIC Red and Green Book contracts, consultancy agreements, general services agreements, NDAs, purchase orders and master services agreements incorporating KPIs.
- Advising several sponsors on a range of utility, energy and wastewater projects in Saudi Arabia and lenders on the Al Wakra and Al Wukair Sewage Treatment Plant PPP Project in Qatar. .
- Advising a Saudi Arabian regulatory authority on the legal and contractual framework for the development, maintenance and operation of two major economic cities and a port, including undertaking a gap analysis and preparing comprehensive reports in both English and Arabic on development agreements and related real estate, construction and infrastructure documentation.
- Advising the Abu Dhabi Government on its FIDIC suite of construction documentation for the Abu Dhabi Projects and Infrastructure Centre. Malak led on several aspects of the English drafting and all of the Arabic drafting for the construction documentation. This transaction received the FIDIC Contract Users Award 2024.
- Advising a major European contractor on a SAR 500 million construction dispute concerning housing projects, including issues relating to variations, COVID-19, changes in law, extensions of time and prolongation costs. This included advising on KSA local law issues and drafting the pleadings in Arabic for filing at the Board of Grievances.
Expertise
Malak is a Managing Associate specialising in construction, engineering and project-related matters across the Middle East. She has over eight years’ experience advising governmental entities, PIF development companies, investors, sponsors, developers, lenders and international contractors on major real estate, construction and infrastructure projects across the region, including several giga-projects in Saudi Arabia.
Malak’s practice covers the full lifecycle of complex developments, from procurement strategy and contract structuring through to project delivery and dispute avoidance. She has particular expertise in the preparation and negotiation of bespoke development agreements and FIDIC-based construction and consultancy contracts.
Malak advises in both Arabic and English and has led the Arabic drafting for numerous PIF development companies in Saudi Arabia in relation to development agreements, construction and engineering contracts, and consultancy documentation.
Experience
Education
- Qatar University College of Law – Master's degree, dissertation in Alternative Dispute Resolution in PPP projects in Qatar and the United Kingdom (2024)
- Qatar University College of Law – Bachelor's degree (2016)
Languages
- Arabic – Native
- English – Fluent
Publications
- Qatari Court of Cassation Clarifies Key Principles in Major Construction Dispute: Concurrent Delay, Pay-When-Paid Clauses and Double Compensation
- Middle East Perspective: Choosing the Right Standard Form of Contract for Engineering Projects: A Comparative Analysis of FIDIC and IChemE
- The Legal 500: Construction Country Comparative Guide 2024 – Saudi Arabia chapter
- The Legal 500: Construction Country Comparative Guide 2023 – Saudi Arabia chapter
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