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CIPAA 2012 : Limitation to an Adjudicator’s Jurisdiction
Anas Construction Sdn Bhd v JKP Sdn Bhd & Another Appeal [02(F)-3-01/2023(P)/ 02(F)-4-01/2023(P)]

Post author:zmm_editor
Post published:27/03/2024
Post category:Construction & Energy

View PDF 27th March 2024ISSUESIf an Adjudicator made a decision based on contract provision not cited or relied upon by the Appellant in the Payment Claim or Adjudication Claim, would…

Stay Pending Arbitration: Request for Extension of Time to File Defence Tantamount to Taking Steps in Proceedings?
Airbus Helicopters Malaysia Sdn Bhd (formerly known as Eurocopter Malaysia Sdn Bhd) v Aerial Power Lines Sdn Bhd [W-02(IM)(NCvC)-1888-10/2022]

Post author:zmm_editor
Post published:21/02/2024
Post category:Litigation & Arbitration

View PDF 21st February 2024ISSUESIt is not uncommon for Defendants to request for extension of time to file their defence, especially when the nature of the Plaintiff’s claim is technical…

Stay Pending Arbitration: Arbitration Agreement Becomes Inoperative After Company Wound Up?
Biaxis (M) Sdn Bhd (In Liquidation) v Peninsula Education (Setia Alam) Sdn Bhd [BA-22C-7-03/2023]

Post author:zmm_editor
Post published:24/01/2024
Post category:Litigation & Arbitration

Often time, contracting parties would agree to refer their contractual disputes to arbitration and an arbitration clause would be inserted into the contract. Arbitration clauses are also commonplace in most standard form of construction contracts. These arbitration clauses are known as arbitration agreement and are treated as a standalone agreement which would survive termination of the main contract.

Stay Pending Arbitration: Hybrid Striking Out & Stay Application and Failure to Pay Deposit for Arbitrator’s / Administrative Fees
JSB v ACSB [2023] MLJU 2406

Post author:zmm_editor
Post published:29/12/2023
Post category:Litigation & Arbitration

View PDF 29th December 2023ISSUESUnder Section 10 of the Arbitration Act 2005 (“AA 2005”), a stay of proceedings is mandatory where the matter before the Court is the subject of…

CIPAA 2012 : Direct Payment from Principal and Judicial Management Order
Concrete Empire Sdn Bhd v Turnpike Synergy Sdn Bhd [WA-24C-116-06/2022]

Post author:zmm_editor
Post published:22/11/2023
Post category:Construction & Energy

View PDF 22nd November 2023ISSUESWhen the losing respondent does not make payment for the Adjudicated Sum under the Adjudication Decision to the claimant, the claimant may request for direct payment from…

Concrete Empire Sdn Bhd v Turnpike Synergy Sdn Bhd [WA-24C-116-06/2022]

On Demand Performance Guarantee: Unconscionability and Breach of the Underlying Principle Contract
Oxley Rising Sdn. Bhd. v Ssyangyong Engineering & Construction Co. Ltd. And Anor Appeal [W-02(C)(A)-274-02/2022 & W-02(IM)(C)-273-02/2022]

Post author:zmm_editor
Post published:31/10/2023
Post category:Construction & Energy

View PDF 31st October 2023ISSUESIt is a commonplace in the construction industry for the employer to require the contractor to provide a performance guarantee in the form of a bank…

CIPAA 2012 : “Adjudicated Amount” under Section 30 – Interest and Costs, Included or Otherwise?
Pali PTP Sdn Bhd v Bond M&E Sdn Bhd & Another Appeal [W-02(C)(A)-314-02/2021 / W-02(C)(A)-399-02/2021]

Post author:zmm_editor
Post published:27/09/2023
Post category:Construction & Energy

View PDF 27th September 2023 ISSUES Where a Principal is ordered to make payment of the “adjudicated amount” pursuant to Section 30 of Construction Industry Payment and Adjudication Act 2012…

CIPAA 2012 : Forbearance, Estoppel and Ouster by Contract
Chua Heng Hong & Ors v S Lite Electrical and Engineering Sdn Bhd & Anor [2023] 1 LNS 335

Post author:zmm_editor
Post published:30/08/2023
Post category:Construction & Energy
Post comments:0 Comments

View PDF 30th August 2023ISSUESIf a party has agreed to forbear payment for construction work, can such forbearance be a basis to apply to the Court to stop the said…

Stay Pending Arbitration & Anti-Arbitration Injunction : Arbitration Agreement Impugned with Allegation of Forgery
Macsteel International Far East Limited v Lysaght Corrugated Pipe Sdn Bhd and Another & 2 Other Appeals [W-02(IM)(NCC)-2002-10/2021 / W-02(IM)(NCC)-2003-10/2021 / W-02(IM)(NCC)-2004-10/2021]

Post author:zmm_editor
Post published:31/07/2023
Post category:Litigation & Arbitration

View PDF 31st July 2023ISSUESWhere a contract contains an arbitration agreement and one of the contracting parties initiate a Court action, the counterparty can apply to stay the Court action…

CIPAA 2012 : Setting Aside – Res Judicata & Excess of Jurisdiction. Can a new Adjudication be initiated and decided based on the same Adjudication papers?

Meridian Contracts Sdn Bhd v Bauer (Malaysia) Sdn Bhd [WA-24C-137-07/2022]

Post author:zmm_editor
Post published:28/06/2023
Post category:Construction & Energy

View PDF 28th June 2023ISSUESIt is not uncommon for a claimant to initiate more than one adjudication under the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) in the…

Liquidated Ascertained Damages : Can a Main Contractor impose LAD on a Nominated Subcontractor when the Employer did not impose any LAD?

Pantas Alam Sdn Bhd v Hau Wah Letrik Sdn Bhd [PA-22NCvC-18-01/2022]

Post author:zmm_editor
Post published:31/05/2023
Post category:Construction & Energy
Post comments:0 Comments

View PDF 31st May 2023 ISSUES Often in a chain of construction contracts, when there is delay to the nominated subcontractor’s works, the delay may translate to a delay in…

CIPAA 2012 : Exceptional Circumstances for Conditional Stay of Adjudication Decision pending Litigation / Arbitration

Mudajaya Corporation Bhd v KWSL Builders Sdn Bhd and Anor Case [BA-24C-52-08/2022 & BA-24C-56-08/2022]

Post author:zmm_editor
Post published:19/04/2023
Post category:Construction & Energy
Post comments:0 Comments

View PDF 19th April 2023IssuesThe Federal Court in the case of View Esteem Sdn Bhd v Bina Puri Holdings Bhd [2019] 5 CLJ 479 (“View Esteem”) held that a stay…

Stay Pending Arbitration : Limitation stops when action commences in Civil Courts

SH Builder & Marketing Sdn Bhd v Bongsor Bina Sdn Bhd [2022] 1 LNS 2839

Post author:zmm_editor
Post published:29/03/2023
Post category:Construction & Energy
Post comments:0 Comments

View PDF 29th March 2023 Issues When an action filed into court is stayed under Section 10 of the Arbitration Act 2005 for the disputes to be referred to arbitration,…

Loss & Expense : “Within” and “Beyond” Reasonable Contemplation

Jabatan Kerja Raya Malaysia & Kerajaan Malaysia v Sunissa Sdn Bhd [2022] 1 LNS 1119 [Court of Appeal]

Post author:zmm_editor
Post published:30/12/2022
Post category:Construction & Energy
Post comments:0 Comments

View PDF 30th December 2022 Previously, the High Court in Sunissa Sdn Bhd v Kerajaan Malaysia & Anor [2020] MLJU 283 (see our update here) decided, amongst others, that Clause…

CIPAA 2012: Direct Payment from Principal and the Retrospective Effect of Ireka and Jack-in-Pile cases
IT Max Engineering Sdn Bhd v Propel Synergy Sdn Bhd [2021] 1 LNS 105

Post author:zmm_editor
Post published:12/05/2021
Post category:Construction & Energy
Post comments:0 Comments

View PDF 12th May 2021 Issues In Ireka Engineering & Construction Sdn Bhd v. PWC Corporation Sdn Bhd [2020] 1 CLJ 193 and Jack-in Pile (M) Sdn Bhd v. Bauer…

CIPAA 2012 : Early Court Intervention and Definition of “Occupation” under Section 3
Liew Piang Voon v WLT Project Management Sdn bhd [2020] 1 LNS 1105

Post author:zmm_editor
Post published:23/12/2020
Post category:Construction & Energy

View PDF 23rd December 2020 Issues Section 3 of the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) provides that CIPAA 2012 does not apply to:- “… a construction…

CIPAA 2012 : Winding Up based on CIPAA Adjudication Decision
Revisited Maju Holdings Sdn Bhd v Spring Energy Sdn Bhd

Post author:zmm_editor
Post published:16/12/2020
Post category:Construction & Energy

View PDF 16th December 2020 Issues In Likas Bay Precinct Sdn Bhd v Bina Puri Sdn Bhd [2019] 3 CLJ 499 (“Likas Bay”), the Court of Appeal held that “Armed…

Setting Aside of Arbitration Award: Timeline for Delivery of Award – Procedural or Jurisdictional?
RKT Nusantara Sdn. Bhd. v Ken Grouting Sdn. Bhd. & Another Appeal [W-02(C)(A)-1560-07/2018] [W-02(C)(A)-1562-07/2018]

Post author:zmm_editor
Post published:09/12/2020
Post category:Litigation & Arbitration
Post comments:0 Comments

View PDF 09th December 2020 Issues Where the agreed arbitration rules provide for a specific timeline for delivery of the arbitration award, will such provision be construed as a procedural…

CIPAA 2012: Easing Contractors’ Cash Flow – “Pay Now, Argue Later”
Construction Industry Payment and Adjudication Act 2012

Post author:zmm_editor
Post published:03/12/2020
Post category:Construction & Energy

View PDF IntroductionCashflow continuity is of paramount importance to the construction industry. However, contractors are often times faced with issues on payment, or lack thereof, for various reasons. Some contractors…

CIPAA Adjudication: Novation Agreement and Adjudication Decision (Computation of time and Corrections)
Encorp Iskandar Development Sdn Bhd v. Konsortium Ipmines Merz Sdn Bhd [2020] 1 LNS 1129

Post author:zmm_editor
Post published:30/11/2020
Post category:Construction & Energy

View PDF Issues As the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) only have prospective effect, any payment dispute(s) arising from construction contracts execute before the coming into…