A.    Introduction Conditional payment clauses stipulate the obligation of one party (X) to pay another party (Y) to be contingent upon X...

In a clause on extension of time in construction contracts, it is common to find a requirement to issue notice to the employer (or...

Introduction In the previous article, we explored cases where the Court had decided that an Adjudicator has the jurisdiction to decide on...

Introduction The adjudication mechanism provided under the Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) seeks to...

When a party engages another party to carry out certain works, the former would certainly expect the latter to perform its duties and...

This case concerns an appeal against the High Court’s decision in allowing the Respondent’s application to enforce the Adjudication...

Is a quotation sufficient to claim for remedial / defective works? Or do you need to ACTUALLY incur the cost of repair? Imagine this...

Section 5(2)(b) of the Construction Industry Payment & Adjudication Act 2012 (“CIPAA”) provides that the payment claim shall include...

Jaks Sdn Bhd v Zeta Letrik Sdn Bhd [2021] MLJU 1825, [2021] 1 LNS 1505 This case concerns an application for a Fortuna injunction to...

INTRODUCTION In our previous article, we explored the rationales adopted and considerations taken into account by our courts in the...

INTRODUCTION The quintessential element of an adjudication decision is that it is immediately binding and enforceable despite that the...

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...

In this article, we explore what happens if the principal fails to issue the written notice under section 30(2) of CIPAA. The above issue...

Introduction In the construction industry, practical completion marks one of the most important milestones in the construction contract....

How does this proceeding work? If a subcontractor is not paid for work done by the main contractor, the general rule is that he is unable...

Is the late payment interest clause stated in the purchase order / delivery order / invoice / statement of account enforceable? “Late...

In an application to set aside an adjudication decision under the Construction Industry Payment and Adjudication Act 2012 (CIPAA), can...

Is LAD conclusive? Does an employer have to proof he /she suffered actual losses? Can a party challenge it? Almost every construction...

Exploring the contractor’s right to Suspending and/or Slowing down Works for non payment. There is a saying that cashflow is the...