Your main contractor has defaulted in its payments to you, the subcontractor. After several ignored demands, you initiated adjudication proceedings under the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) for the payments due to you. You filed your claim and argued your case. Finally, you obtained an adjudication decision in your favour, and…

Wednesday, 26 February, 2020 12:30pm – 2:30pm  Land Acquisition: Knowing Your Rights (Download pdf brochure ) Overview As a developing nation, lands in Malaysian are constantly being acquired under the Land Acquisition Act 1960 in order to accommodate the development of the country especially for mega infrastructure projects such as the MRT, LRT3, DUKE, SUKE, EKVE,…

  By Raymond Mah and Gan Chong Chieh Most people, at some point in their lives, will deal with renovation contractors. Whether the job is big or small, for the office or home, we can half expect delays, defects, cost overruns and stress from the renovation process. This is often based on our own prior experience with…

by Raymond Mah LLB(Hons), BEcon, CLP Managing Partner & Head of Dispute Resolution MahWengKwai & Associates raymond.mah@pemasarandigitalhub.com Introduction On 15 April 2014, the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012” or “Act”) came into force, almost 2 years after it was gazetted by the Government in June 2012. It was hoped that CIPAA…

Introduction The Plaintiff is a civil and geotechnical consultant engineer and the Defendant was the developer of 4 blocks of apartments in Kuala Lumpur. At the conclusion of the piling works, the Plaintiff conducted tests to confirm the strength of the bored-piles. The Plaintiff found that most of the piles failed and refused to approve…

by Raymond Mah Introduction (1) Performance bonds and bank guarantees are commonplace in the Malaysian construction industry. Construction contracts often require a contractor to take out a performance bond, typically in the form of a bank guarantee which can be called upon by the employer to a specified maximum limit in the event of the…

The consistent growth of the construction industry in the past few years driven mainly by government projects as part of the Economic Transformation Programme (“ETP”), has continued to rise to many construction-related disputes. Some problems in the construction industry include speculative development without sufficient financial capital, the extensive period of time and the high cost…

In March 2012, the Construction Industry Payment and Adjudication Act 2012 (CIPAA) was passed, introducing the concept of statutory adjudication to the construction industry to resolve payment disputes. Further developments in the construction industry include a specialist court dedicated for the construction industry, which is currently in the works.

The learned Senior Assistant Registrar (SAR) had granted 8% interest rate on the amended order from assessment of damages. The execution debtor (‘ED’) was ordered by the registrar to pay the sum of RM 2,000,000 being the loss on the value of the execution creditor’s property to the executive …

By a letter of award dated 4.4.1998 (‘contract’), the defendant appointed the plaintiff as its contractor to supply, deliver and install furniture for the hotel rooms and corridors of the defendant’s hotel known as Goldcourse Hotel Resort (‘hotel’). The defendant had in its counterclaim claimed that …