Adjudication

The Construction Industry Payment and Adjudication Act 2012 came into force on 15 April 2014. It is stated in the CIPA Act that its objects are to “facilitate regular and timely payment, to provide a mechanism for speedy dispute resolution through adjudication, to provide remedies for the recovery of payment in the construction industry and to provide for connected and incidental matters.”

Our Services

• Advising clients on procedures, timelines under CIPA
• Advising and representing clients on their claim under CIPAA

Our Experience

• Claim for progress payments where the architect had failed to issue interim payment certificates under a PAM 2006 contract and defend the main contractor’s counter claim of liquidated damages
• Claim for final account under a PAM 2006 contract for a 14-floors service apartment, and defence against a set-off of rectification costs.
• Claim for variation works for a construction project in relation to renovation works under bespoke contract terms utilising the default provisions pursuant to section 36 of CIPAA in the absence of applicable terms in the contract and defence against a jurisdictional challenge
• Defence of a claim for variation works for a highrise development pursuant to a bespoke contract and claim for backcharges Claim for interim payment certificates issued under a PAM 2006 contract after a stop-work order issued by the local authority including a defence to the employer’s counter claim of indemnity for trespass claim for milestone payment arising under a construction consultancy contract for quantity surveyor works acted for a Nominated Sub-Contractor (NSC) under the PAM 2006 Conditions of Contract for claims against the Main Contractor in relation to non-certification and non-payment of certified sums

Related Services

• Construction
• Arbitration
  

Reviews & Testimonials

• “We were facing issues with our main contractor who refused to pay us despite the fact that work had been completed long ago. We sought Christine Toh’s advice to recover the long outstanding debt. Christine and Ashvinder were extremely helpful and professional in their legal services. We would highly recommend Christine and Ashvinder for those who are facing construction disputes!” – Tall Innovations Sdn Bhd, Selangor
• “The services we received from MahWengKwai & Associates were great and impressive. We have been working with Christine Toh for many years and we always turn to her when legal advice is required. She is well versed with the law surrounding the construction industry, always reachable and prompt in her response. We look forward to many more years of working with her!” – Cheryl Tan, Siab Holdings Berhad, Selangor
• “I would like personally thank MahWengKwai & Associates for their help in our case whereby a client owed us money. Special appreciation goes to Hannah Patrick and Wong Sue Ann and their team as I saw first hand how hard and systematic they worked, working late all through the night to handle our documentation. They also remembered to discount a token sum of their fees as previously agreed even when we forgot about it.” – Chin AJ, Ideaworks Resources Sdn Bhd
• “We highly recommend MahWengKwai & Associates for CIPAA proceedings. They represented us in CIPAA proceedings for the collection of late payments in our constructions projects. The adjudication decisions were in our favour and we received an unexpected settlement, more than what we had hoped for. We would like to express our sincere thanks to the team, Ms Christine Toh who is knowledgeable and exceptional, Ms Denise Phang and the rest who handled our cases professionally. We appreciate their attention to detail, quick response time, quality and good analytic skills.”– Dorothee Wong, Versalink Sdn Bhd