Blog

The Burden of Proof under S30 CIPAA 2012
S30 of the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) provides that where a subcontractor (“SC”) has obtained a favourable decision in adjudication against the main contractor (“MC”),...
||
continue reading
Meridian Contracts Sdn Bhd v Bauer (Malaysia) Sdn Bhd (2020) Adjudication Decision
Is a contractor estopped from claiming under-certification after accepting payment on the under-certified payment certificate? In Meridian Contracts Sdn Bhd v Bauer (Malaysia) Sdn Bhd (2020), Bauer was the piling subcontractor and Meridian the sub-subcontractor for basement...
||
continue reading
Winding-Up Based on a CIPAA Decision
An Adjudication Decision is of temporary finality, subject to the final decision of an arbitrator or judge. Can a successful party in adjudication rely on such a decision to petition...
||
continue reading
Adjudicator needs to consider applications for oral hearings carefully
It is common in adjudication proceedings for adjudicators to deny any request for oral hearings. Such practice has become so prevalent that it is almost a certainty for adjudication proceedings...
||
continue reading
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...
||
continue reading
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...
||
continue reading
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...
||
continue reading
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...
||
continue reading
Res judicata in CIPAA claims
In this episode, we address the issue of res judicata in CIPAA claims.
||
continue reading
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...
||
continue reading