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TAN WEI LI with NIGY SHAZMAN TAI
Jul 4, 20247 min read
Are Conditional Payment Clauses In Construction Contracts Valid?
A. Introduction Conditional payment clauses stipulate the obligation of one party (X) to pay another party (Y) to be contingent upon X...
394 views1 comment

KELVIN NG CHUN YEE
Mar 20, 20236 min read
Requirement of Notice for Extension of Time
In a clause on extension of time in construction contracts, it is common to find a requirement to issue notice to the employer (or...
405 views1 comment

MICHELLE TOH
Feb 2, 20233 min read
Can you claim for Loss & Expense under CIPAA? (Part 2)
Introduction In the previous article, we explored cases where the Court had decided that an Adjudicator has the jurisdiction to decide on...
919 views1 comment

MICHELLE TOH
Jan 16, 20238 min read
Can you claim for Loss & Expense under CIPAA? (Part 1)
Introduction The adjudication mechanism provided under the Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) seeks to...
3,100 views1 comment

ANGELINE LAI
Nov 25, 202210 min read
Performance Bond: Introduction & How to Restrain a Demand (Part 1)
When a party engages another party to carry out certain works, the former would certainly expect the latter to perform its duties and...
1,313 views2 comments
![Case Analysis by VCC: Lion Pacific Sdn Bhd v Pestech Technology Sdn Bhd [2022] MLJU 2109](https://static.wixstatic.com/media/da9d60_c521528402dd4665b2ab989db032cd5a~mv2.png/v1/fill/w_450,h_338,fp_0.50_0.50,q_95,enc_auto/da9d60_c521528402dd4665b2ab989db032cd5a~mv2.webp)
LEE JING MIN
Nov 17, 20225 min read
Case Analysis by VCC: Lion Pacific Sdn Bhd v Pestech Technology Sdn Bhd [2022] MLJU 2109
This case concerns an appeal against the High Court’s decision in allowing the Respondent’s application to enforce the Adjudication...
596 views1 comment

KELVIN NG CHUN YEE
Nov 4, 20226 min read
Claiming for Remedial / Defective Works – Is a quotation sufficient?
Is a quotation sufficient to claim for remedial / defective works? Or do you need to ACTUALLY incur the cost of repair? Imagine this...
1,338 views1 comment

POLWIN SUA SHIANG NIAN
Oct 21, 20226 min read
Case Commentary by VCC: JKP Sdn Bhd and Anas Construction Sdn Bhd
Section 5(2)(b) of the Construction Industry Payment & Adjudication Act 2012 (“CIPAA”) provides that the payment claim shall include...
626 views1 comment

KELVIN NG CHUN YEE
Sep 20, 20227 min read
A Reported Case by VCC : Jaks Sdn Bhd and Zeta Letrik Sdn Bhd
Jaks Sdn Bhd v Zeta Letrik Sdn Bhd [2021] MLJU 1825, [2021] 1 LNS 1505 This case concerns an application for a Fortuna injunction to...
298 views0 comments

POLWIN SUA SHIANG NIAN
Sep 8, 20225 min read
Stay Applications against Adjudication Decisions: Issues and Developments (Part 2)
INTRODUCTION In our previous article, we explored the rationales adopted and considerations taken into account by our courts in the...
633 views1 comment

POLWIN SUA SHIANG NIAN
Jul 5, 202210 min read
Stay Applications against Adjudication Decisions: Issues and Developments (Part 1)
INTRODUCTION The quintessential element of an adjudication decision is that it is immediately binding and enforceable despite that the...
1,672 views1 comment

KELVIN NG CHUN YEE
Apr 28, 20227 min read
Direct Payment against the Principal under CIPAA 2012 (Part 3)
Can a principal apply to set off any monies due or payable to the non-paying party when faced with a request for direct payment under...
421 views0 comments

KELVIN NG CHUN YEE
Apr 15, 20224 min read
Direct Payment against the Principal under CIPAA 2012 (Part 2)
In this article, we explore what happens if the principal fails to issue the written notice under section 30(2) of CIPAA. The above issue...
196 views0 comments

POLWIN SUA SHIANG NIAN
Mar 17, 20226 min read
What is Practical Completion?
Introduction In the construction industry, practical completion marks one of the most important milestones in the construction contract....
1,234 views0 comments

KELVIN NG CHUN YEE
Mar 1, 20224 min read
Direct Payment against the Principal under CIPAA 2012 (Part 1)
How does this proceeding work? If a subcontractor is not paid for work done by the main contractor, the general rule is that he is unable...
407 views0 comments

LEE SZE YING
Feb 11, 20224 min read
Enforceability of Late Payment Interest Clause
Is the late payment interest clause stated in the purchase order / delivery order / invoice / statement of account enforceable? “Late...
12,337 views0 comments

KELVIN NG CHUN YEE
Jan 21, 20223 min read
Adducing Fresh Evidence in CIPAA
In an application to set aside an adjudication decision under the Construction Industry Payment and Adjudication Act 2012 (CIPAA), can...
281 views0 comments

KELVIN NG CHUN YEE
Jan 14, 20224 min read
Liquidated Ascertained Damages (LAD)
Is LAD conclusive? Does an employer have to proof he /she suffered actual losses? Can a party challenge it? Almost every construction...
3,618 views0 comments

KELVIN NG CHUN YEE
Jan 14, 20224 min read
Should i stay or should i go?
Exploring the contractor’s right to Suspending and/or Slowing down Works for non payment. There is a saying that cashflow is the...
507 views0 comments
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