Construction & Energy Archives - Page 2 of 2

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…

CIPAA 2012 : Supporting Documents in Notice of Adjudication – To Include or Not to Include?
Masterplan Consulting Sdn Bhd v Motorola Solutions Malaysia Sdn Bhd [2020] 1 LNS 219

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Post published:02/07/2020
Post category:Construction & Energy
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View PDF 2nd July 2020IssuesSection 8(1) of the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) provides that-“A claimant may initiate adjudication proceedings by serving a written notice of…

Prior Notice Requirement, Condition Precedent and “Loss and Expense” Claim
Sunissa Sdn Bhd v Kerajaan Malaysia & Anor
[2020] MLJU 283

Post author:zmm_editor
Post published:22/05/2020
Post category:Construction & Energy

View PDF 22th May 2020 It is not unusual in the modern standard construction contract to contain a “prior notice requirement clause” as condition precedent before the contractor’s entitlement to…

Unconditional and Irrevocable Guarantees : Substance over label in restraining call on performance bond / guarantee
KNM Process Systems Sdn Bhd v Lukoil Uzbekistan Operating Company LLC W-02(C)(A)-1504-07/2018

Post author:zmm_editor
Post published:31/03/2020
Post category:Construction & Energy Litigation & Arbitration
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View PDF 1st April 2020 Issues Since the Federal Court case of Sumatec Engineering & Construction Sdn Bhd v Malaysian Refining Company Sdn Bhd [2012] 3 CLJ 401 (“Sumatec”), the…

ZMM Digest 2019: Construction • Adjudication • Arbitration

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Post published:24/03/2020
Post category:Construction & Energy Litigation & Arbitration
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View PDF If your browser does not support PDF. Please click here to view it:Download PDF If you have any questions or comments on this article, please contact:- Andrew Heng…

CIPAA: Injunction to Restrain the Presentation of Winding Up Petition based on CIPAA Adjudication Decision
ASM Development (Kl) Sdn. Bhd v Econpile (M) Sdn Bhd
[Case No. WA-24NCC-363-07/2019]

Post author:zmm_editor
Post published:23/03/2020
Post category:Construction & Energy

View PDF 23th March 2020 INTRODUCTION Following the decision in the case of Likas Bay Precinct Sdn Bhd v Bina Puri Sdn Bhd [2019] 3 MLJ 244 [read our article…

Construction Industry: Effect of COVID-19 & Movement Control Order

Post author:zmm_editor
Post published:20/03/2020
Post category:Construction & Energy

View PDF 20th March 2020IntroductionThese are unprecedented times. With increasing numbers of patients tested positive for COVID-19 (Corona Virus) nationwide, the Prime Minister of Malaysia has announced a Movement Control…

CIPAA Applies Prospectively, Not Retrospectively | (1) Jack-in-Pile (M) Sdn Bhd v Bauer (Malaysia) Sdn Bhd & Another Appeal [02(f)-58-07/2018(B) & 02(f)-59-07/2018(B)] | (2) Ireka Engineering & Construction Sdn Bhd v PWC Corporation Sdn Bhd & Other Appeals [02(f)-124-12/2018(W), 02(f)-125-12/2018(W) & 02(f)-126-12/2018(W)]

Post author:zmm_editor
Post published:05/12/2019
Post category:Construction & Energy

Introduction The Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) came into force on 15.04.2014. CIPAA’s objective can be gleaned from its preamble:- “An Act to facilitate regular and timely…

CIPAA: Direct Payment from Principal when the Losing Party was wound up? – CT Indah Construction Sdn Bhd v BHL Gemilang Sdn Bhd (Civil Appeal No: W-02(C)(A)-2056-10/2017)

Post author:zmm_editor
Post published:02/12/2019
Post category:Construction & Energy

03 December 2019 Introduction When a Claimant successfully obtained an Adjudication Decision in its favour, CIPAA offers 3 methods to enforce of the Adjudication Decision, where the successful Claimant may:-…

CIPAA : Terminated Contract and Final Payment – Martego Sdn Bhd v Arkitek Meor & Chew Sdn Bhd and Another Appeal [2019] 1 LNS 1067

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Post published:20/08/2019
Post category:Construction & Energy
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20th August 2019 Issues Since leave was given to Martego Sdn Bhd on 02.01.2018 to appeal against the majority decision in the Court of Appeal case of Martego Sdn Bhd v…

LAD: Common Sense Approach and Proportionality – MS Elevators Engineering Sdn Bhd v Jasmurni Construction Sdn Bhd W-02(C)(W)-627-03/2018

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Post published:28/07/2019
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28th July 2019IssuesConstruction contracts usually contain a clause imposing liquidated ascertained damages (“LAD”) if the contractor fails to complete its works within the agreed contract period. In other words, LAD…

Resisting Enforcement of CIPAA Decision without filing a Setting Aside Application? Inai Kiara Sdn Bhd v Puteri Nusantara Sdn Bhd [2019] 2 CLJ 229

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Post published:12/04/2019
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12th April 2019 Issues Once a decision is rendered in favour of the claimant following adjudication pursuant to the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”), the successful…

Navigating Through the Maze of Liquidated Ascertained Damages Clause and Forfeiture of Deposit:
Cubic Electronics Sdn Bhd (In Liquidation) V Mars Telecommunication Sdn Bhd Appeal
No. 02(F) – 64 – 09/2016 (W)

Post author:zmm_editor
Post published:07/03/2019
Post category:Construction & Energy Litigation Litigation & Arbitration
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08th March 2019 INTRODUCTION For the longest of time, when there is a breach of contract, the innocent party cannot per se recover the Liquidated Ascertain Damages (“LAD”, also commonly…

CIPAA : Winding Up without first registering Adjudication Decision? Likas Bay Precinct Sdn Bhd v Bina Puri Sdn Bhd [2019] MLJU 49

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Post published:20/02/2019
Post category:Construction & Energy
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21st February 2019 Issues The Malaysian Courts had in the past allowed Fortuna Injunctions to restrain prosecution of winding up petition where the alleged debt is premised upon an unregistered…

CIPAA : Oral Evidence and Breach of Natural Justice? Guangxi Dev & Cap Sdn Bhd v Sycal Bhd & Anor Appeal [2019] 1 CLJ 592

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Post published:31/01/2019
Post category:Construction & Energy
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31st January 2019IssuesAn Adjudicator has the powers to conduct any hearing and limiting the hearing time, if the Adjudicator so wishes. This power is encapsulated in Section 25 (g) of…

Quantum Meruit: Subcontractor claiming directly against Employer for work done? Mega Mayang M&E Sdn Bhd v Utama Lodge Sdn Bhd and Anor Appeal [2018] MYCA 329

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Post published:28/11/2018
Post category:Construction & Energy
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28th November 2018 Issues Often times it is said that a subcontractor cannot make a direct claim against the employer of the project for payment / work done as there…

Can Parties Contract Out of the Prevention Principle? North Midland Building Ltd v Cyden Homes Ltd [2018] EWCA Civ 1744

Post author:zmm_editor
Post published:31/10/2018
Post category:Construction & Energy

31st October 2018IssuesThe law does not allow an employer to recover liquidated damages where the delay is caused by the employer. This is the basic tenet of the Prevention Principle.But…

No Oral Modification [“NOM”] Clause : Parties Autonomy vs. Commercial Certainty – Rock Advertising Limited (Respondent) v MWB Business Exchange Centres Limited (Appellant) [2018] UKSC 24

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Post published:11/06/2018
Post category:Construction & Energy
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11th June 2018"No Oral Modification" ClauseThe “prohibition” against oral variation of contract via a No Oral Modification [“NOM”] clause raises several interesting questions:-(a) If parties have the autonomy to mutually…

Construction Industry Payment & Adjudication Act 2012 : CIPAA Applies Prospectively & Not Retrospectively

Post author:Zain Megat Murad
Post published:18/03/2018
Post category:Construction & Energy
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13th March 2018 [Revised & published in March 2018]The Court of Appeal in the recent case of Bauer (Malaysia) Sdn Bhd v Jack-In Pile (M) Sdn Bhd [B-02(C)(A)-1187-06/2017] held that…