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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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...
371 views0 comments
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...
2,920 views0 comments
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...
1,219 views1 comment
![Case Analysis by VCC: Lion Pacific Sdn Bhd v Pestech Technology Sdn Bhd [2022] MLJU 2109](https://static.wixstatic.com/media/da9d60_c521528402dd4665b2ab989db032cd5a~mv2.png/v1/fill/w_1080,h_811,fp_0.50_0.50,q_95,enc_auto/da9d60_c521528402dd4665b2ab989db032cd5a~mv2.png)
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...
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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...
1,217 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...
628 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...
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...
402 views0 comments
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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POLWIN SUA SHIANG NIAN
Mar 17, 20226 min read
What is Practical Completion?
Introduction In the construction industry, practical completion marks one of the most important milestones in the construction contract....
1,152 views0 comments
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...
397 views0 comments
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...
269 views0 comments
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...
478 views0 comments
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