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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 carcass works.    Meridian submitted a penultimate progress claim for the...
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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 for the winding-up of the non-paying party? In Maju Holdings...
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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 to proceed on a documents-only basis. This situation may now...
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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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