Blog – CIPAA Malaysia Case Studies

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...

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...

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”),...

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...

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...

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...

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...

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...

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...

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...