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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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...
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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...
2,920 views0 comments
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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KELVIN NG CHUN YEE
Sep 20, 20227 min read
A Reported Case by VCC : Jaks Sdn Bhd and Zeta Letrik Sdn Bhd
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...
287 views0 comments
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...
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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...
1,580 views0 comments
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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KELVIN NG CHUN YEE
Apr 15, 20224 min read
Direct Payment against the Principal under CIPAA 2012 (Part 2)
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...
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KELVIN NG CHUN YEE
Mar 1, 20224 min read
Direct Payment against the Principal under CIPAA 2012 (Part 1)
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...
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KELVIN NG CHUN YEE
Jan 21, 20223 min read
Adducing Fresh Evidence in CIPAA
In an application to set aside an adjudication decision under the Construction Industry Payment and Adjudication Act 2012 (CIPAA), can...
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KELVIN NG CHUN YEE
Jan 14, 20224 min read
Should i stay or should i go?
Exploring the contractor’s right to Suspending and/or Slowing down Works for non payment. There is a saying that cashflow is the...
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