Blog

Initiative may not be a good thing
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...
||
continue reading
Lump Sum with BQ Attached
In this episode, we consider whether a lump-sum contract with BQ attached renders the contract to become a re-measurement contract.
||
continue reading
CLM: Conditional Payments
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. 
||
continue reading
CLM 20220124 Staying CIPAA decision won by foreign company?
In this episode, we consider whether the fact that the contractor is a foreign entity would justify a stay of a CIPAA decision.
||
continue reading
Of Dates, Estoppel and Adjudicator’s Prior Experience
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...
||
continue reading
Test for Bias Against an Adjudicator
S 15 of the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) provides that an aggrieved party may apply to the High Court to set aside an adjudication decision...
||
continue reading
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