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Can a payment dispute be adjudicated after a settlement is reached?
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...
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Enforcing conditional payment clauses post-CIPAA
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...
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COVID-19 AND ITS IMPACT ON CIPAA PROCEEDINGS
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...
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Progress Claims are not evidence of works done
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...
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Res judicata in CIPAA claims 1
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Res judicata in CIPAA claims
In this episode, we address the issue of res judicata in CIPAA claims.
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CIPAA Adjudication mistakes | Unincorporated Joint-Ventures (JV)
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...
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CIPAA over-rides Companies Act provision against preferential payment of creditors
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...
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Adjudication Under CIPAA Act 2012 Malaysia
The Construction Industry Payment and Adjudication Act (CIPAA) was enacted by the government of Malaysia in 2012. It came into effect in April 2014. The Act aims at providing cost-effective, quick and efficient resolution to the cash flow issues being...
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CIPAA Act 2012: A Complete Guide for the Malaysian Construction Industry
The construction industry is the most essential part of a country’s economy. It is also a fertile ground for many disputes. Delay in payments of construction projects hinders the potential economic growth. The withheld payments result in over-run of cost,...
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CIPAA Procedure For Construction Disputes
The growth of the construction industry in Malaysia has given rise to several construction-related disputes. To address these problems, the Construction Industry Payment & Adjudication Act (CIPAA), 2012 was enacted by the Parliament. It came into effect from 15th April...
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