A.    Introduction Conditional payment clauses stipulate the obligation of one party (X) to pay another party (Y) to be contingent upon X...

Introduction In the previous article, we explored cases where the Court had decided that an Adjudicator has the jurisdiction to decide on...

Introduction The adjudication mechanism provided under the Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) seeks to...

Section 5(2)(b) of the Construction Industry Payment & Adjudication Act 2012 (“CIPAA”) provides that the payment claim shall include...

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...

INTRODUCTION In our previous article, we explored the rationales adopted and considerations taken into account by our courts in the...

INTRODUCTION The quintessential element of an adjudication decision is that it is immediately binding and enforceable despite that the...

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...

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...

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...

In an application to set aside an adjudication decision under the Construction Industry Payment and Adjudication Act 2012 (CIPAA), can...

Exploring the contractor’s right to Suspending and/or Slowing down Works for non payment. There is a saying that cashflow is the...