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...
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...
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...
The Construction Industry Payment and Adjudication Act (CIPAA) was enacted by the government of Malaysia in 2012 and came into effect in April 2014. The CIPAA Act aims to provide...
The construction industry is the most essential part of a country’s economy. It is also a fertile ground for many disputes. Delay in payments of construction projects hinders the potential...