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As an adjudicator, I sometimes am called upon to adjudicate payment disputes where it is apparent that parties have reached a settlement with regard to the unpaid sums. My view is that a settlement extinguishes the original cause of action...

The Federal Court in Ireka Engineering & Construction Sdn Bhd v PWC Corp Sdn Bhd And Other Appeals [2020] 1 MLJ 311 made it clear that CIPAA applied only prospectively and not retrospectively because it impacted substantive rights. One of...

The Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) was designed, inter alia, to “provide a mechanism for speedy dispute resolution through adjudication”. The speed at which CIPAA operates includes the requirement for adjudicators to deliver their decision within 45...

When progress claims are duly and properly certified, then there is no issue about the value of works done in a construction contract. The problem arises when progress claims are not duly and properly certified. How does a contractor go...

JVs can be incorporated or unincorporated. An incorporated JV is one where two companies come together and form a new JV company. For example, A Sdn Bhd collaborates with B Sdn Bhd to form AB-JV Sdn Bhd. AB-JV Sdn Bhd...

Ordinarily, once a company is facing winding-up proceedings, it is not allowed to prefer one unsecured creditor over another. Otherwise, it would be construed as the company defrauding one of its creditors. However, the Court of Appeal in CT Indah...