CIPAA Applies Prospectively, Not Retrospectively | (1) Jack-in-Pile (M) Sdn Bhd v Bauer (Malaysia) Sdn Bhd & Another Appeal [02(f)-58-07/2018(B) & 02(f)-59-07/2018(B)] | (2) Ireka Engineering & Construction Sdn Bhd v PWC Corporation Sdn Bhd & Other Appeals [02(f)-124-12/2018(W), 02(f)-125-12/2018(W) & 02(f)-126-12/2018(W)]
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
CIPAA: Direct Payment from Principal when the Losing Party was wound up? – CT Indah Construction Sdn Bhd v BHL Gemilang Sdn Bhd (Civil Appeal No: W-02(C)(A)-2056-10/2017)
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,
Condition Precedent : Stay Pending Mediation – Ohpen Operations UK Limited v Invesco Fund Managers Limited [2019] EWHC 2246 (TCC)
04th September 2019 Issues It is not uncommon for dispute resolution clauses to provide for escalation mechanism or mediation as a precursor to full-blown dispute
Latent Damage: Section 6A of the Limitation Act 1953
23rd August 2019 Parliament passed the Limitation (Amendment) Act 2018 [Act A1566] (“LAA 2018”) on 4th April 2018 to amend the Limitation Act 1953 (“LA
CIPAA : Terminated Contract and Final Payment – Martego Sdn Bhd v Arkitek Meor & Chew Sdn Bhd and Another Appeal [2019] 1 LNS 1067
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
LAD: Common Sense Approach and Proportionality – MS Elevators Engineering Sdn Bhd v Jasmurni Construction Sdn Bhd W-02(C)(W)-627-03/2018
28th July 2019 Issues Construction contracts usually contain a clause imposing liquidated ascertained damages (“LAD”) if the contractor fails to complete its works within the
Dismissal of Winding Up Petition When There is An Arbitration Agreement? – Awangsa Bina Sdn Bhd v Mayland Avenue Sdn Bhd [Case No. WA-28NCC-1146-12/2018]
When the underlying agreement contains an arbitration clause, the test applicable to defeat a winding-up petition and/or to restrain the presentation of a winding-up petition is different and one is merely required to show that there is a prima facie dispute of debt…
Resisting Enforcement of CIPAA Decision without filing a Setting Aside Application? Inai Kiara Sdn Bhd v Puteri Nusantara Sdn Bhd [2019] 2 CLJ 229
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
Navigating Through the Maze of Liquidated Ascertained Damages Clause and Forfeiture of Deposit:
Cubic Electronics Sdn Bhd (In Liquidation) V Mars Telecommunication Sdn Bhd Appeal
No. 02(F) – 64 – 09/2016 (W)
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