View PDF 22th May 2020 It is not unusual in the modern standard construction contract to contain a “prior notice requirement clause” as condition precedent before the contractor’s entitlement to…
View PDF 1st April 2020 Issues Since the Federal Court case of Sumatec Engineering & Construction Sdn Bhd v Malaysian Refining Company Sdn Bhd [2012] 3 CLJ 401 (“Sumatec”), the…
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View PDF 23th March 2020 INTRODUCTION Following the decision in the case of Likas Bay Precinct Sdn Bhd v Bina Puri Sdn Bhd [2019] 3 MLJ 244 [read our article…
View PDF 20th March 2020IntroductionThese are unprecedented times. With increasing numbers of patients tested positive for COVID-19 (Corona Virus) nationwide, the Prime Minister of Malaysia has announced a Movement Control…
Introduction The Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) came into force on 15.04.2014. CIPAA’s objective can be gleaned from its preamble:- “An Act to facilitate regular and timely…
03 December 2019 Introduction When a Claimant successfully obtained an Adjudication Decision in its favour, CIPAA offers 3 methods to enforce of the Adjudication Decision, where the successful Claimant may:-…
20th August 2019 Issues Since leave was given to Martego Sdn Bhd on 02.01.2018 to appeal against the majority decision in the Court of Appeal case of Martego Sdn Bhd v…
28th July 2019IssuesConstruction contracts usually contain a clause imposing liquidated ascertained damages (“LAD”) if the contractor fails to complete its works within the agreed contract period. In other words, LAD…
12th April 2019 Issues Once a decision is rendered in favour of the claimant following adjudication pursuant to the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”), the successful…
08th March 2019 INTRODUCTION For the longest of time, when there is a breach of contract, the innocent party cannot per se recover the Liquidated Ascertain Damages (“LAD”, also commonly…
21st February 2019 Issues The Malaysian Courts had in the past allowed Fortuna Injunctions to restrain prosecution of winding up petition where the alleged debt is premised upon an unregistered…
31st January 2019IssuesAn Adjudicator has the powers to conduct any hearing and limiting the hearing time, if the Adjudicator so wishes. This power is encapsulated in Section 25 (g) of…
28th November 2018 Issues Often times it is said that a subcontractor cannot make a direct claim against the employer of the project for payment / work done as there…
31st October 2018IssuesThe law does not allow an employer to recover liquidated damages where the delay is caused by the employer. This is the basic tenet of the Prevention Principle.But…
11th June 2018"No Oral Modification" ClauseThe “prohibition” against oral variation of contract via a No Oral Modification [“NOM”] clause raises several interesting questions:-(a) If parties have the autonomy to mutually…
13th March 2018 [Revised & published in March 2018]The Court of Appeal in the recent case of Bauer (Malaysia) Sdn Bhd v Jack-In Pile (M) Sdn Bhd [B-02(C)(A)-1187-06/2017] held that…