Are Conditional Payment Clauses In Construction Contracts Valid?
A. Introduction Conditional payment clauses stipulate the obligation of one party (X) to pay another party (Y) to be contingent upon X...
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CHENG KHANG CHWEEN
May 144 min read
Electric Vehicles ("EVs") and Strata Property Owners' Dilemma
Since the beginning of year 2024, prospective electric vehicle (“EV”) buyers in Malaysia have been spoilt for choices with the influx of...
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SOH OOI KEAN JIN
Apr 122 min read
What are the differences between a fund manager and a boutique fund manager under Malaysian regulations / relevant laws?
As a brief introduction, a fund manager is a professional who is a financial expert in managing funds through a portfolio of, amongst...
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VCC
Nov 10, 20231 min read
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This article from the news portal Malaysiakini, refers to 2 suits that were brought in 2016. The Plaintiff is a multinational company. It...
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KELVIN NG CHUN YEE
Mar 20, 20236 min read
Requirement of Notice for Extension of Time
In a clause on extension of time in construction contracts, it is common to find a requirement to issue notice to the employer (or...
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MICHELLE TOH
Feb 2, 20233 min read
Can you claim for Loss & Expense under CIPAA? (Part 2)
Introduction In the previous article, we explored cases where the Court had decided that an Adjudicator has the jurisdiction to decide on...
845 views0 comments
MICHELLE TOH
Jan 16, 20238 min read
Can you claim for Loss & Expense under CIPAA? (Part 1)
Introduction The adjudication mechanism provided under the Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) seeks to...
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SYAZWANI YUSSOF
Dec 26, 20224 min read
Importance of Perfection of Transfer & Charge: A Beginner’s Guide
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ANGELINE LAI
Nov 25, 202210 min read
Performance Bond: Introduction & How to Restrain a Demand (Part 1)
When a party engages another party to carry out certain works, the former would certainly expect the latter to perform its duties and...
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LEE JING MIN
Nov 17, 20225 min read
Case Analysis by VCC: Lion Pacific Sdn Bhd v Pestech Technology Sdn Bhd [2022] MLJU 2109
This case concerns an appeal against the High Court’s decision in allowing the Respondent’s application to enforce the Adjudication...
554 views0 comments
KELVIN NG CHUN YEE
Nov 4, 20226 min read
Claiming for Remedial / Defective Works – Is a quotation sufficient?
Is a quotation sufficient to claim for remedial / defective works? Or do you need to ACTUALLY incur the cost of repair? Imagine this...
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CHENG KHANG CHWEEN
Oct 28, 20226 min read
The Anti-Sexual Harassment Tribunal: A more conducive avenue for victims?
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POLWIN SUA SHIANG NIAN
Oct 21, 20226 min read
Case Commentary by VCC: JKP Sdn Bhd and Anas Construction Sdn Bhd
Section 5(2)(b) of the Construction Industry Payment & Adjudication Act 2012 (“CIPAA”) provides that the payment claim shall include...
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LEE SZE YING
Oct 13, 20225 min read
Can vacant possession of a shop office be validly delivered when it is not fit for occupation yet?
In Icon City Development Sdn Bhd v K-Shin Corporation Sdn Bhd [2022] MLJU 2227, the Court of Appeal was asked to decide whether one can...
1,188 views0 comments
KELVIN NG CHUN YEE
Sep 20, 20227 min read
A Reported Case by VCC : Jaks Sdn Bhd and Zeta Letrik Sdn Bhd
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POLWIN SUA SHIANG NIAN
Sep 8, 20225 min read
Stay Applications against Adjudication Decisions: Issues and Developments (Part 2)
INTRODUCTION In our previous article, we explored the rationales adopted and considerations taken into account by our courts in the...
626 views0 comments
POLWIN SUA SHIANG NIAN
Jul 5, 202210 min read
Stay Applications against Adjudication Decisions: Issues and Developments (Part 1)
INTRODUCTION The quintessential element of an adjudication decision is that it is immediately binding and enforceable despite that the...
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CHENG KHANG CHWEEN
May 12, 20224 min read
Adultery and its Burden of Proof
In Malaysia, infidelity remains one of the most common reasons cited by spouses seeking a divorce. Nonetheless, clients often hold...
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NG CARMEN
May 5, 20226 min read
Case Analysis: Ang Ming Lee & Ors v Menteri Kesejahteraan Bandar [2020] 1 MLJ 281 (Part I)
This is Part I of a 2-article series. In this article, we examine the Federal Court decision in Ang Ming Lee & Ors v Menteri...
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KELVIN NG CHUN YEE
Apr 28, 20227 min read
Direct Payment against the Principal under CIPAA 2012 (Part 3)
Can a principal apply to set off any monies due or payable to the non-paying party when faced with a request for direct payment under...
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