By s 35 of the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”), all conditional payment clauses are void. In Lion Pacific Sdn Bhd v Pestech Technology Sdn Bhd and...
One would imagine that demonstrating initiative is a good virtue. However, the same may not be the case if the person showing initiative happens to be the adjudicator. In Cescon...
In this episode, we explore the question whether conditional payments in construction contracts are void only for purposes of adjudication under CIPAA or void generally.
It is common belief that adjudications unduly favour the unpaid party and that attempts to set aside the decision are ordinarily unsuccessful. This is due to the courts adopting a...